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City Council - 08/17/1982 z APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL a i TUESDAY, AUGUST 17, 1982 7: 30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpa th and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie,'City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL : all were present I . COMMENDATION FOR OFFICER RICK RABENORT & BUCK Mayor Penzel explained the work Officer Rick Rabenort & Buck have done and the cooperation which has been given to the canine program by the Rabenort family. Penzel read the Letter of Commendation (attached to these Minutes) ; introduced Officer Rabenort and his wife, children, and Buck; and thanked them on behalf of the City for the dedication they have exhibited. II . APPROVAL OF THE AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calendar III . L. Request for Liquor License for Brothers-In-Law Inc. dba Boardwalk Restaurants, Inca formerly Brothers Restaurant at Eden Prairie Center - Continued from August 3, 1982) - formerly VII . A. ; III . M. Resolution adopting Urban Hennepin County Housing Rehabilitation Grant Program ProceduralGuides Resolution No. 82-200 - formerly VIII . A. ; III . N. HAEP Hocke Association of Eden Prairie request for Holiday *Hockey Tournament - formerly IX. D. 1. ; and III . 0. Park Facilities Reservation Policies —formerly IX. D_ 2. The following items were added to the Agenda: IX . B. 1. HRA Housing Revenue Bonds for Edenvale Apartments and X. A. Purchase Agreement for Right-of-way - Prairie Center Drive. 41 MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. r City Council Minutes -2- August 17, 1982 III . CONSENT CALENDAR ( 2 — A. nd Readies of Ordinance No. 1-82, adopting the City. Code B. Request approval to advertise for bids for sidewalk adjacent to Franco Road C. Clerk' s License List D. Receive petition for sanitary sewer and watermain on Pioneer Trail between Yorkshire Lane and TH 169 and authorize preparation of feasi- bility report, I .C. 52-034 Resolution No. 82-203 E. Final plat approval for Golden Strip East. Located east of Prairie Center Drive and north of 1-494 Resolution No. 82-204) F. Final plat approval for Golden Strip Replat. Located east of Prairie Center Drive and north of I-494 Resolution No. 82-205) G. Vacation of Media Lane and utility easements (Resolution No. 82-169) Continued from July 6, 1982 H. CNR Agreement for Golden Strip Commercial PUD (area west of Vikings and east of Smetana Lane) - Outlot C to be dedicated to the City I . Proclamation designating September 8 National Cancer Day_ (Resolution No. _2-_2 4 J. Resolution No. 82-209 , appointing election judges for the Primary Election_ to be held September 14, 1982 K. Final approval of Municipal Industrial Development Bonds in the amount of 350,000.00 for Haakon and Lucille Nyhammer Eden Prairie Grocery Resolution No. 82-202 L. Request for Liquor License for Brothers-In-Law, Inc. dba Boardwalk Restaurants , Inc. formerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) - formerly VII . A. M. ' Resolution adopting Urban Hennepin County HousinV Rehabilitation Grant Program Procedural Guides Resolution No. 82-200 - formerly VIII. A. N. HAEP Hocke _Association of Eden Prairie) request for Holiday Hockey Tourna- ment - formerly IX. D. 1 . 0. Park Facilities Reservation Policies - formerly IX. D. 2. MOTION: Edstrom moved , seconded by Tangen, to approve items A - O on the Con- sent Calendar with an' addition to item "H" that Outlot C be dedicated to the City. Motion carried unanimously. City Council Minutes -3- August 17, 1982 C IV. PUBLIC HEARINGS A. TAX INCREMENT FINANCING DISTRICT FOR EDENVALE APARTMENTS (continued from August 3, 1982 City Manager Jullie said the proponents had withdrawn their request for tax increment financing at this time. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and note the proponent had withdrawn the request for tax increment finan- cing. Motion carried unanimously. B. EDEN PRAIRIE PARTNERSHIP by Undestad Investment Company. Request for a Planned Unit Development Concept approval for industrial uses on 32 acres (27 acres of which is zoned 1-2) , rezoning from Rural to I-2 for approxi- mately 5 acres , preliminary plat approval of 6 lots and 3 outlots , possible variances from the I-2 District, and approval of an Environmental Assess- ment Worksheet. Located in the southeast quadrant of the intersection of County Road 67 and Chicago Northwestern Railway - (Resolution No. 82-191 - PUG, Ordinance No. 82-21 - rezoning, Resolution No. 82-192 - preliminary plat, and Resolution No. 82-193 - EAW) - (Continued from August 3, 1982) John Shardlow, Howard Dahlgren and Associates , addressed the proposal and explained the changes which had been made since the last presentation. Director of Planning Enger stated the Planning Commission had reviewed this proposal at its August 9, 1982, meeting and recommended approval of Plan B to the Council . This includes the east-west through road, industrial use south of this road with a 200' buffer to the south and a 75' buffer to the east, and three residential lots at the End of Manchester Lane. The motion carried by a 6 - i vote. Wayne Gilbertson , 6580 Leesborough Avenue, said he was in favor of Plan B which shows the industrial rather than multi-family use south of the east- west connecting road. Roger Sandvick, 14280 Stratford Road, expressed concern about Plan 8; he would like to see modification. He would like to see the buffer to the south increased by 20%, the buffer to the east increased by 33%, and the proposed building be reduced in size by 25%. This would lessen the impact on the adjoining residential area. Woodrow Bjork, 14302 Stratford Road, said he concurs with Sandvick's statement. He favors the alternative shown in Plan B. Dick Sather, 6511 Manchester Lane, said he supports the project but has some concern about the collector road. City Council Minutes -4- August 17, 1982 Redpath said he recalled some discussion at the August 3rd meeting about the channelization of industrial traffic on the east-west connector. This would lessen the impact on the traffic east of this area . as industrial traffic would be restricted and could only go north or west. Edstrom asked about the width of the road which will be required through the area. Staff said no determination had been made yet as to exactly where the road would connect at the Eden Prairie Partnership and Centurion property lines. Sandvick said by increasing the southerly buffer by 20% a large number of trees will be saved thus creating more of a natural buffer. Redpath noted PUD concept approval is under discussion and not a specific building for the site. Shardlow said he had told Sandvick and Bjork that he will work with them when a specific development for that site is ready. He stressed that it is the proponent' s feeling that a 250' buffer is more than adequate for that site. Tom Striker, 6540 Leesborough Avenue, stated he is in favor of the indus- trial usage shown in Alan B. Bentley asked for clarification as to what is being requested where. Enger outlined the requests on a map. Bentley asked if there would be a built-in recommendation that approval be obtained for each building. Enger said it was suggested that each specific site be returned to the City for site plan review. Bentley said if that is the case, then discussion of those specifics should wait until that time. Redpath noted this particular area has been a problem for a number of years and this will allow the City the opportunity to straighten things out. Bentley questioned the rezoning of Outlot C without a specific proposal before the Council . R.A. Wyman, 6560 Leesborough Avenue, said he supports Plan B. Edstrom asked what will become of the buffer area between the industrial and residential uses. Shardlow said that is a concern to them also -- whether it is zoned industrial or remains rural does not matter -- but the question of liability will be of importance. The only concern at this time is whether or not it will be considered in the setback and lot coverage when it comes time for development. Jan Anderson , 6591 Manchester Lane, said she thought there would be two lots on Manchester Lane and not three as shown. Shardlow said the three lots shown are slightly larger than the lots which are in the area. Phil Malier, 14202 Stratford Road, said he supported Plan B; Plan A would change the watershed and the drainage in the area. City Council Minutes -5- August 17, 1982 City Attorney Pauly asked Shardlow if he would have any problem with imposing restrictive covenants on portions of the lots which would require setbacks to preserve them. Shardlow said he presumed and fully expected r that to be done via the PUD process. Pauly said his preference on this issue would be to zone the entire lot and then impose the conditions rather than to . cut the lots up. Edstrom asked if the Council is in a position to approve the preliminary plat due to the lack of definite road right-of-way? Enger said the geometries of the road would have to be worked out as well as the exact lot configurations and these might result in slight changes in the final plat. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 82-191, approving the Eden Prairie Partnership Planned Unit Development. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath , to adopt Resolution No. 82-192, approving the preliminary plat of Eden Prairie Partnership. Motion carried unanimously. MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-193, finding the Environmental Assessment Worksheet for Eden Prairie Partnership a Private Action does not require an Environmental Impact Statement. Motion carried unanimously. The proponent withdrew the request for rezoning until he has a site specific proposal . MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the De- veloper' s Agreement including the recommendations of the Staff Report, those of the Planning Commission and the Parks, Recreation & Natural Resources Com- mission and including the construction of berms, etc. in Phase I , Staff and the developer will work together on the road connection,.- setbacks will be described from the standpoint of elevations and plantings. Motion carried unanimously. C. KINGS FOREST by Centurion Company. Request for Guide Plan change of approxi- mately 70 acres from low to medium density residential , Planned Unit Develop- ment approval of 31 single family and 153 townhouses , rezoning of 15 acres from Rural to R1-13. 5 and 33 acres from Rural to RM 6.5, preliminary plat approval over the 70 acres , possible variances from the R1-13.5 and RM 6.5 Districts , and approval of an Environmental Assessment Worksheet. Located west of Baker Road and Crosstown Baptist Church, south of St. John's Woods, and east 'of West 66th Street' s easterly terminous (Resolution No. 82-187 - Guide Plan change, Resolution,No. 82-188 - PUD, Ordinance No. 82-20 - rezoning, Resolution No. 82-189 - preliminary plat, and Resolution No. 82-190 - EAW) - continued from August 3, 1982 i City Council Minutes -6- August 17, 1982 Ron Bastyr, McCombs-Knutson Associates, Inc. , and Len Thiel , Centurion Company, were present. Bastyr addressed the changes which had been made in the proposal since the last meeting. Planning Director Enger stated the Planning Commission had reviewed the proposal- at its August 9, 1982, meeting at which time it had recommended approval of the alternate plan for Kings Forest Addition: a cul-de-sac on the western portion of the property, an east/west road which would extend from Baker Road on the east to the western property line, the connection to St. John's Woods Drive connection be platted as a private street with access via a knock down emergency barrier, the cul-de-sac on the south side of the east/west road parallel to Manchester Lane have a right- of-way platted off of it to connect with West 66th Street on the !vest, and that the park area provide the ability for future access and right-of-way westerly to West 66th Street connection. Provision for lower density housing was made for the west side of this western most cul-de-sac. (6-1 vote) Penzel asked about the proximity of the lower density residential across from multiple units. Bastyr said they have done this in other developments in the past; extensive berming is used and driveway access points are kept to a minimum. Redpath asked what the reduction in total number of units had been. Bastyr said they had been at 205 and they are now proposing 193. Redpath asked if the single family housing could be built last. Thiel said he would have no objection . Edstrom asked if the design of the cul -de-sac road would be adequate if the West 66th Street connection were to be made. Director of Public Works Dietz said it would be. Tangen asked to have the timetable for the project reviewed. Bastyr noted Phase I would include a 500' cul-de-sac to a private road; the west portion would be the next phase. Tangen asked if perhaps the east/west road with the connection to the west might be done in its entirety during Phase I . Bastyr said the entire project would be built over the next 4 5 years . Discussion over the ramifications of the building of the street and the effect of the assessment process on the project ensued.. Lewis Kinne, 6617 Manchester Drive, said he objected to the West 66th Street connection; stated it would have a great impact on his neighborhood. Susie Hummel , 6362 St. John' s Drive, asked Planning Director Enger to repeat what he had said about St. John' s Drive. Enger said the Planning Commission had recommended that St. John's Drive be connected with a private street to the south with a knock down barrier. Dick Sather, 6511 Manchester Lane , said he approved of the concept but was against the West 66th Street connection. City Council Minutes -7- August 17, 1982 x R. W. McGovern, 6519 Leesborough Avenue, said he was opposed to the West 66th Street connection. Jerry Kingrey, 14211 Holly Road, said he thought West 66th Street should be connected as the Council eight or ten years ago had determined. He noted that Kingston Road in Edenvale was built because of a commitment to build West 66th Street and Forest Hill. Road. He said there is much more traffic on Kingston and Holly than was ever expected to be. Jan Anderson, 6591 Manchester Lane, said she was opposed to opening West 66th Street. She felt this would bring a lot more traffic into the neigh- borhood than anyone can anticipate, particularly on Kingston Drive . Dick Feerick, 6518 Leesborough Avenue, felt if West 66th Street were to be connected, the character of the neighborhood would change. He did not feel it necessary to connect West 66th Street at this time. He did not think all neighborhoods should be connected. Dan Mavison, 6613 Canterbury Lane, said he was opposed to the West 66th Street connection particularly since no one in the area is interested in having it connect. Kinne said there will have to be access to the park from the west once the park is developed and he wondered how this would be accomplished. He agreed with Feerick that the character of the neighborhood would change if the connection were made. _ Redpath said a commitment was made that there would be more than one way out of Kings Forest. He noted the stress placed by Public Safety on the issue of access in and out of neighborhoods. He said it is a dilemma . Roger Sandvick, 14280 Stratford Road, said he is opposed to the opening of West 66th Street. He said that emergency vehicles have been able to get into his area very quickly. He stated he thought the crime rate would increase and asked if there were any statistics which might bear.-this out. Penzel said the response time achieved by Public Safety is excellent; in most cases those times have been the result of officers who are off-duty responding to a call because of their proximity to the area. Wayne Gilbertson , 6580 Leesborough Avenue, said he feels the residents are better off without the connection. He cannot see any advantages to the. connection. Tangen said he did not feel Eden Prairie was the same City it was five or ten years ago. Rapid changes are being made in the transportation system within the City. We are all being affected by the changes and many of us are not willing to accept these changes. As a physician he felt the public safety issue must be recognized; he is only too aware of the difference a minute or two can make. l City Council Minutes -8- August 17, 1982 Woodrow Bjork, 14303 Stratford Road, said he is opposed to the West 66th Street connection. He expressed concern for the school children who will be walking to Forest Hills School . He said the knock down barrier would be an alternative, if necessary, to the West 66th Street connection. Tangen said the traffic presssures might be eliminated on other residential streets if more connections are made -- both in this neighborhood and others in the City. Hanley Anderson , 6581 Manchester Lane, said the impact of building a road must be examined. He is opposed to the West 66th Street connection. He said he does not see how opening that will alleviate traffic in any other area in the neighborhood. Feerick noted the neighborhood is undergoing changes both to the north and the east. He felt the neighborhood is accepting these changes rather well . He said leaving West 66th Street alone would help matters a lot. Edsl-rom asked the developer when Phase II of the project would begin. Thiel said it would be two to three years before construction would begin . Sandvick said ha thought this matter regarding West 66th Street had been settled at the last Council meeting. Tangen said he had said one Iaccess to the west was mandatory; provision for a second access was under discussion. It was his thought that provision for a second access must be maintained. Redpath noted there are over 400 cul -de-sacs in Eden Prairie. The Council must look at connections between neighborhoods. Ken Anderson , 6591 Manchester Lane, said the issue of public safety of adults must be weighed with that of children who will be walking to schools and parks. He is opposed to the West 66th Street access. Gilbertson stated a year ago this was a quiet neighborhood -- one year later there is the Undestad proposal to the north, Centurion to the east, and a road through the middle of the neighborhood. He said it is a bit much to accept at one time. Kinne said he had lived in Japan for a number of years and had questioned them about the use of cul-de-sacs. The Japanese told him they went back two thousand years and were used for security reasons. Redpath stated when it comes to the question of human life vs. property, human life comes first. MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing . Motion carried unanimously. k City Council Minutes -g- August 17, 1982 MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. ( 82-187, amending the comprehensive Guide Plan as per the 8/12/82 Plan. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 82-188, approving the Kings Forest Planned Unit Development. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to give 1st Reading to Ordinance No. 82-20, rezoning 15 acres from Rural to R1-13.5 and 33 acres from Rural to RM 6.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 82-189, approving the preliminary plat of Kings Forest, with the provision that the outlot on the southwest corner be dedicated to the City and pro- vision be made for West 66th Street. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-190, finding the environmental assessment worksheet for Kings Forest a private action which does not require an environmental impact state- ment. Motion carried unanimously. MOTION: Edstrom moved, seconded by Bentley, to instruct Staff to draft a Developer' s Agreement including the recommendations of the various commissions , those included in the Staff Report of June 25, 1982, the delineation of the area to be dedicated to the City, a viable connection ( to the Eden Prairie Partnership parcels , a knock down barrier opt the C northernmost cul -de-sac (that which would connect to St. John's Woods) , West 66th Street would be connected in Phase II , and Kings Forest Road to be built as a municipal thoroughfare as the need is perceived. Motion carried unanimously. Bentley said he thought it important that connections be made between neighborhoods. The decision to do this is one which must be made by, the Council because neighborhoods generally do not want them connected. The issue of public safety must not be overlooked. Redpath said there are only two north-south thoroughfares and two east-west thoroughfares in the City; it is time the whole City is taken into consideration rather than the desires of single neighborhoods. D. AMERICAN BAPTIST HOMES OF THE MIDWEST by American Baptist Homes of the Mid- west. Request for rezoning from Rural to Office for 1 (approximately) acre to construct a central office for American Baptist Homes of the Midwest. Located at 7928 Eden Road. (Ordinance No. 82-22) City Council Minutes -10- August 17, 1982 x Dan Swedberg, Hammel , Green & Abrahamson, representing American Baptist Homes, spoke to the proposal . Planning Director Enger stated the Planning Commission had reviewed the proposal at its July 26, 1982, meeting at which time it recommended approval of the request subject to the recommendations included in the Staff Report of July 22, 1982. Enger also noted the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its August 2, 1982 , meeting and had recommended approval as per the Planning Staff Report. Bentley asked how this proposal would fit in with the overall schematic of the Major Center Area. Enger said an office use is appropriate in this area; the question is whether or not this is considered an interim use because it is a home which is being renovated. Bentley asked if this would be doing away with an interim use and giving it a more bona fide use. Enger's opinion was that it would be a remodeled home with a permanent use since over $200,000 would be spent in remodeling. Bentley questioned whether this type of conversion is in the best interest of the community. Enger said his personal opinion was that it was not in the best interest of the City to allow conversion of single-family homes into offices. Bob Kooiman, 7936 Eden Road, said he felt some concern about the timing of this rezoning; he wondered if it would start a trend. He stated this change will make it much harder for a large developer to assemble larger pieces within the area. He felt guidelines should be established. He said this was a prime piece of Eden Prairie property. Tom Heidberg, Land'Sake, Inc. , owner of the property to the east of this parcel , developers of the proposed Idelwild Office Center complex, said he questioned the precedent being set by this rezoning. He asked if the proponent's interim use permit was about to expire. He stated the charac- ter of the neighborhood had not yet established itself. He would like to see this proposal postponed until his development has a chance to be financed. Jack Higgins , Executive Vice-president, American Baptist Homes, said the planned renovation of their building would bring it totally up-to-date. Penzel asked why they had decided to renovate this building. Higgins said it was pore economical to renovate this building than to build a new one. Their interim use agreement does not expire until next May; they felt it would not be fair to wait until then to make a decision as to what to do. Higgins said this building will have the integrity of a new one. Redpath noted the land on Eden Road will soon be worth more than the homes which are there now. Bentley expressed concern that islands will be created if interim uses are allowed to be renovated/expanded rather than encouraging new develop- ment in areas such as this.. i City Council Minutes -11- August 17, 1982 Edstrom asked the size of this parcel . Enger said it is .7 acre. Red- path asked what the assessments would be like on the homes in this area because of the road construction. City Manager Jullie said the assessments would be deferred until the properties are sold and/or further developed. { Bentley said he felt strongly that the City needs a comprehensive develop- ment plan for. the Major Center Area. He would like to see a general con- cept as to what the owners of the properties have in mind as to how they 1 intend to develop the properties. Tangen said there has been a commitment by the proponent for something which is not new and which they want. It is in general conformity with the uses in the area. He felt this proposal would be hard to deny. Kooiman said he would like to move but he would like to replace his home with one of comparable size in Eden Prairie; at the present he cannot find a buyer for his home. He questioned the timing of this project -- he felt he would be able to find a buyer for his home' in a year. MOTION: Redpath moved, seconded by Tangen , to close the Public Hearing and the give 1st Reading to Ordinance No. 82-22, rezoning from Rural to Office. Motion carried unanimously. E. VACATION OF SANITARY SEWER EASEMENT on Lot 2, Block 2, LeParc Industrial Park Reso ution No. 82-206 Director of Public Works Dietz addressed the vacation re uest. He also discussed the Amendment to LeParc Developer's Agreement �on the Agenda as item VI I . C. ) MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing, to adopt Resolution No. 82-206, and to amend the LeParc Developer's Agreement. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 3162 - 3405 MOTION: Redpath moved , seconded by Bentley, to approve the Payment of Claims Nos . 3162 - 3405. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports . VII . PETITIONS, REQUESTS & COMMUNI"ATIQNS A. Request for Liquor License for Brothers-In-Law, Inc. dba Boardwalk Restaurants , Inc. formerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) This item was moved to the Consent Calendar as item III . L. r City Council Minutes -12- August 17, 1982 B. Request for time extension and amendments to the proposed Developer's A�reement for Timber Creek north of Duck Lake Trail , south of Townline Road and west of County Road 4) Rick Murray representing B-T Land Company spoke to the request. He noted the problems with the Developer' s Agreement relative to the park land, particularly-in relation to financing in view of the dedi- cation provisions/timing. City Attorney Pauly further explained the situation in light of the City' s position. Murray said their concern was that a future Council might not go along with what had already been done and the property might be "down zoned." Pauly said the problem can be resolved by zoning the whole parcel . Murray said the current economy has precluded development as they had earlier planned. Director of Planning Enger addressed the concerns of Director of Community Services Lambert: in Phase I the City would receive the active park in the southwestern part of the area and in Phase II the floodplain area would be dedicated. Enger said from a Planning Depart- ment perspective it was recommended to rezone a phase at a time and to have the land conveyed a phase at a time. MOTION: Bentley moved, seconded by Redpath, to allow the time exten- sion and to amend the Developer' s Agreement to allow for phasing -- dedication with each phase of zoning. Motion carried unanimously. �[ C. Amendment to LeParc Developer's Agreement `R See item I V. E. VIII . ORDINANCES & RESOLUTIONS A. Resolution adopting Urban Hennepin County Housing Rehabilitation Grant Program Procedural Guides Resolution No. 82-200 This item was moved to the Consent Calendar at item III . M. IX. REPORTS OF OFFICERS, BOARDS &COMMISSIONS A. Reports of Council Members 1. Appointment of Commissioners to Housing & Redevelopment Authority MOTION: Bentley moved, seconded by Redpath, to appoint the members of the City Council as Commissioners to the Housing & Redevelopment Authority with terms coincidental with those members of the Council . Motion carried unanimously. City Council Minutes -13- August 17, 1982 2. Penzel - said he and City Manager Jullie had met with the manager of the landfill . An invitation to tour the facility had been ex- tended. MOTION: Redpath moved, seconded by Bentley, to meet at 6 p.m. on . Tuesday, September 7, 1982, to tour the landfill . Motion carried unanimously. B. Report of City Manager 1. HRA Housing Revenue Bonds for Edenvale Apartments City Attorney Pauly spoke to the negotiations he had with the attorneys for Edenvale Apartments. (See attached memorandum. ) James Gilbert and Steve Cox were present to represent the pro- ponent and spoke to their problems with the indemnification clause. City Attorney Pauly noted the specific provision which addressed the indemnification agreement which the City requires. Discussion on the ramifications of the provisions ensued, MOTION: Bentley moved , seconded by Redpath, to continue the meeting beyond the 11: 30 p.m. time limit. Motion carried unanimously. Various ways were discussed which might alleviate the problems which have been presented. MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the next meeting of the City Council . Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. HAEP (Hockey Association of Eden Prairie)-request- for Holiday Hocke Tournament This item was moved to the Consent Calendar as item III. N. 2. Park Facilities Reservation Policies This item was moved to the Consent Calendar as item III . 0. City Council Minutes -14- August 17, 1982 E. Report of Director of Public Works 1. Addendum to Developer' s Agreement dated June 29, 1982 for Lee Data ,Bob Worthington and Wayne Fields were present representing Lee Data. Worthington addressed the requirement for a secondary road access and the proponent' s request to have this .amended .due to easement problems which have developed. Fields spoke to the commitments which had been made with adjoining property owner previously and the conditions which are not being met. MOTION: Tangen moved, seconded by Edstrom, to amend the Developer's Agreement as per the August 11, 1982, letter to the City Council from Opus Corporation and to pursue the acquisition of additional right-of-way as well as payment or reimbursement which would make that feasible. Motion carried unanimously. 2. Metropolitan Waste Control Commission Permit Application for Lee Data Resolution No. 82-207) MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-207, authorizing permit application. Motion carried unani- mously. X. NEW BUSINESS A. Purchase Agreement for Right-of-Way - Prairie Center Drive Director of Public Works Dietz addressed the excess right-of-way. MOTION: Redpath moved, seconded by Tangen, to instruct Staff to nego- tiate with the property owner to sell the excess right-of-way at a price of $2.00 per square foot giving the buyer a three year option on the property. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. B. Special Item Edstrom stated he would not be running for reelection. He said he has enjoyed being on the Council and working with City Staff and members of the Council . He feels he would now like to pursue other areas of interest. Penzel said he would once again be a candidate for the office of Mayor. Redpath said he would be a City Council candidate. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 12:22 a.m. Motion carried unanimously.