City Council - 11/02/1982 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 2, 1982 8:00 PM, CITY HALL
f
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean
Edstrom, Paul. Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, C' .y r orney Roger
Pauly, Finance Director John D. Frar �, Planning
Director Chris Enger, Director t' ,.imunity Ser-
vices Bob Lambert, Director of 5lic Works
Eugene A. Dietz , and Recording - retary Karen
Michael
i
INVOCATION: Mayor Wolfgang H. Penzel `
PLEDGE OF ALLEGIANCE
ROLL CALL: all were present
I . PRESENTATION OF GOLD MEDAL AWARD FOR EXCELLENCE IN PARK AND RECREATION PROGRAMS
Director of Community Services Lambert presented the Gold Medal Award which had
been awarded at the National Recreation and Parks Association Conference. The
award was for excc.11ence' in park and recreation programs for cities under 20,000
population. Mayor Penzel noted some cities have applied for this award four or
five times before receiving it and this was the first time Eden Prairie had submitted
an application. Penzel said the citizens of Eden Prairie are to be commended for
having the financial commitment as well as the desire to make such an award possible.
II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was moved to the Consent Calendar: IX. B. Resolution No , 82-245,
approving the preliminary prat of 1 lot into 2 lots for approximately 1 -6a�GreS ford
Treanor Addition by Guy Treanor became IV. H. .
The following items were added to the Agenda: IV. I . Resolution No. 82-258, Interim j
FinalApproval - MIDB`s for Hoyt Building in LeParc Addition_ and X. �B. 3. Discussion
of Contract Amendments for Prairie Center Drive. �-
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and tither Items
of Business as amended and published. Motion carried unanimously.
City C-,uncil Minutes -2- Nov&; ber 2, 1982
III . CITY COUNCIL_ MINUTES FROM MEETING FIELD TUESDAY , OCTOBER 5, 1982
The following additions or corrections were made:
t
Page 4, para. 12, line 4 , add: "area , all of which plans were known by the Vikings
prior to the start of the development of their facility. "
Page 8, para. 1 , line 1, add following the words "in the office building for the
southwestern metropolitan area"
Page 13, para . 7 , line 3: change "Don DeVeau" to "John Neveaux.
MOTION: Redpath moved, seconded by Bentley, to approve the Minutes of the
City Council Meeting held Tuesday, October 5, 1982, as amended and published.
Motion carried with Edstrom abstaining.
IV. CONSENT CALENDAR
A. Clerk' s License List
B. Final Plat approval , MTS Technology Cam us (Resolution No. 82-255)
C. Receive 100% petition and authorize reparation of plans and specifications_
for Creek_ridge Estates road and storm sewer improvements , I .C. 52-040
north of Riverview Road and west of CSAH 18) - (Resolution No. 82-256)
D. Change Order Number 2, Contract #3, I .C. 51-354,_ Well Collector Line
E. e Chan.9_,Order Number 3, I . C. 52-025� City-_—. —___--_---------....___. .__ West Parkway
F. Change Order Number 3, 1 . C_ 52-027, City_ Services Prect
G. Restoration of the Cummins/Grill-House Roof (Resolution No. 82-249, trans-
ferring CDBG Funds
H. Resolution No. 82-245, approving the_preliminary plat of 1 lot into 2 lots
- --- -=== -for appi xsmatel --1 6 acres for Treanor -Additi'on- by Guy Treanor - formerly IX . B.
I . Resolution Na._82-258, Interim Final Approval - MIDB' s for Hoyt Building_in
L ePa rc •Addition
---- '- �----�1-_
MOTION: Edstrom moved, seconded by Tangen, to approve items A - I on the Consent
Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. WOODLAWN HEIGHTS by Ruscon Homes . Request for rezoning of approximately
59.68 acres from Rural to R1-9.5 for construction of 139 single family de-
tached housing units and preliminary plat approval of 139 lots and 2 outlots.
Located in the southwest corner of Duck Lake Trail and Townline Road (Ordi-
nance No. 9-82 - rezoning and Resolution No. 82-244 - preliminary plat)
Continued from October 19, 1982.
Edstrom noted he would abstain from discussion and voting on this proposal
because of a client relationship between his firm and Lyman Lumber.
i
city Ccjricil Minutes -3- °IovEmnber 2 , 19F2
City Manager Jullie stated this item had been continued from the October 1 th
meeting; official notice had been published and the neighboring property C._t.ef's
had been notified.
Marshall Oaks, Ruscon Homes , spoke to the proposal . Also present was Bill
Mauer, Probe Engineering. Mauer said they would like to have a grading permit
for Phase I prior to the second reading of the Ordinance.
3
Director of Planning Enger said the proposal had been reviewed by the Planning
Commission at its September 27, 1982, meeting at which time it had recommended
approval of the rezoning request and the preliminary plat subject to the con- 1
ditions included in the September 23, 1982, Staff Report.
Director of Community Services Lambert stated the Parks , Recreation & Natural
Resources Commission had reviewed this at its October 4, 1982, meeting at
which time it recommended approval subject to the Staff Report and with the
deletion of the reference to a ballfield in number eleven of the recommenda-
tions.
Penzel called attention to two letters: one from Ruscon Homes dated October
28, 1982, requesting a grading permit prior to the second reading and one
- from neighbors listing six specific requests which they would like the City
to require of the developer. (See attached. )
Enger said the highest point on the site is about 852' . Mauer said the
natural high peak on the site will be retained. Grading plans were discussed
with the assistance of maps.
a h is which h been raised h neighbors in their
Enger addressed the sues c had n ed by the ne�g s
letter of October 15, 1982.
Penzel asked Redpath if the concerns he had raised at the October 19, 1982,
meeting had been addressed. Redpath said he had spoken with Oaks and had been
assured by Oaks that his attorney would respond to those who had questions.
Redpath said he had checked with the people who had called him and had been
told by them that they had not heard from the attorney. He also said he had
heard that Ruscon is merchandising or selling lots in the Woodlawn Heights
area before it has been discussed by the Council . Oaks said real estate escrow
accounts have been set up for the reservations which have been made by those
desiring property -- all of these reservations are subject to all subdivision
approvals and all prospective buyers are made to understand that is the
case. The reservations are secured and the monies are secured. He said that
in today' s economy about the only way to sell homes is to pre-sell them. The
same thing had taken place with the Deer Creek project. Redpath said because
of the problems which have evolved, he would not vote for this proposal unless
it were done in stages -- nothing to' be sold until the work in the previous
stage was completed.
Bentley asked what was the cause for the delay in Deer Creek. Oaks said it
was their first development which gave them a broad education, it took longer
than expected for the letter of credit/bonding process -- about b - 8 weeks ,
and the rainy season put them 2 to 2;1 months behind.
City Council Minutes -4- November 2, 1962
1
Redpath said he had been told that people are being told they can be in a
home in Woodlawn Heights in March. Oaks said that had all be changed -- now
they are saying very late Spring.
Bentley asked if the streets along Townline Road were off-seta Enger said
they were. Bentley asked if the road north of Grand View Drive would meet
up with another east of Duck Lake Road. Enger said it would not. Bentley
expressed concern about the number of driveways which would come onto Duck
Lake Road. Enger said they had been trying to discourage access onto Duck
Lake Road, but because of the terrain this seemed to be best.
Steven Brown, 8701 Eden Prairie Road, reviewed his experience with Ruscon
Homes. He felt the City should, if this is approved, watch what Ruscon does
and see to it that it follows through on its promises to potential homeowners .
s
Don Jacobson, 6345 Duck Lake Road, asked what" improvements would be made to
Duck Lake Road in conjunction with this proposal . He also asked what the
sewer situation would be. He said he realized that the area will be developed
and that they would all hate to lose the nature area they now look out at, but
his concern ►-ras how much this would cost the residents of the area. Penzel �
noted the developer had plans to build a portion of the sewer system. The
City' s policy had been to not make road improvements unless utility installa-
tions were already in. Penzel reviewed the phasing which had been previously
discussed by Mauer and Oaks.
Bentley asked if perhaps the improvements to Duck Lake Road should be made
during the first phase of the project. Penzel said he thought the phasing
would be done over a relatively short period of time given the fact that
interest rates have been coming down and there is a need for this type of
housing. Redpath said this price housing is needed in Eden Prairie -- the
cost of phasing this might be too expensive and would make the project un-
feasible.
Oaks said he would like to request that Ruscon be given the opportunity to
police and solve its own problems -- and be given a chance to prove itself.
Bentley asked Oaks how many lots there were in Deer Creek. Oaks said 67 and
all but two have been sold and all but 3 homes are under construction with
the closest completion date about two weeks away.
MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing and
to give 1st Reading to Ordinance 9-82. Motion carried with Edstrom abstaining.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No, 82-244,
approving the preliminary plat of Woodlawn Heights. Motion carried with Edstrom
abstaining.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft a Develop-
er's Agreement subject to the recommendations of the Staff Report, the recommen-
dations of the Planning Commission and the Parks, Recreation $ Natural Resources
Commission, development of a passive rather than an active park, and provisions
for phasing of the project. Motion carried with Edstrom abstaining,
fc Fps -J— i er 2, } 9LS
i
MOTI ON: Redr,ath rroved, seconded by Tanaer , to request Staff to prepare a
feasibility report for improverients to Duck: Lake Road to Townlir,.e ?oad.
Motion carried unanimously.
BPntl ey noted the Council had not been granting grading perini is to developers
until the Developer' s Agreeiiient had '.-.-en signed. The consensus was to continue
with this policy.
B. FDEN PRAIRIE PUBLIC LIBRARY by_ti ninepin Count, . Request to rezone 2.51 acres
fr om Rural to Public and preliminary piat 2. 51 acres into 1 lot to construct
a 10 ,000 square feet library. Located in the southwest corner of Prairie
Center Drive and Preserve Boulevard. (Ordinance No. 7-82 - rezoning and
Resolution No. 82-250 - preliminary plat)
t
City Manager Jullie stated notice of the Public Hearing had been publi= - t
and property owners had been notified.
s
Earl Johnson of the Hennepin County Property Management Department and
David Smith of the Hennepin County Library Staff were present. Johnson i
addressed the proposal .
k
Director of Planning Enger said the Planning Commission had reviewed the
proposal at its October 12 , 1982, meeting at which time it had recommended
approval of the rezoning Subject to the recommendations included in the
Staff Report of October 8, 1982.
Director of Coi,o:iunity Services Lambert said the Parks , Recreation & natural
Resources Cor7rnission had recommended approval subject to the recommendations
of the Staff Report and the additional rr,con-+.iendation that only -the land on
which the library itself was on would be excludled from cash park fees.
Edstrom had a question regarding the Fl,inning Commission Minutes and the
position of the Commission on the cash park fee. Enger explained the Commis-
sion did not want the recomi),,endation for waiver of the cash park fee to remain
in the Staff Report; they wanted the Parks , Recreation & Natural Resources
Commission to determine that.
Edstrom asked if the amount which would be required to be paid as cash park
fees would reduce the ariount of money which would be spent on the library
itself. Johnson said he did not believe it would affect the project.
Bentley noted the funds have been allocated for next year for selecting an
architect; there might be a building there in two years . He asked why there
had been a change from a 10,000 square foot building to a 6,000 square foot
building with a future add-on. Johnson said he could not answer that question.
Bentley said he was pleased with the progress which had been made on the library
proposal . Smith said the County is approaching this with a rather conservative
view and therefore the smaller size .
a
Redpath said he agreed with the Parks, Recreation & Natural Resources
Commission regarding the cash park fee. He wondered if other communities
have a policy regarding cash park fees for library property. Jul.lie said E
this will be looked into; if it is required by others , then we should do
likewise. Tangen concurred.
Edstrom said Bentley should be complimented for all the time and effort
he has put in through the Friends of the Library in getting a new library
for Eden Prairie.
Bentley said he had a problem with one governmental body imposing a fee on
another -- this in regards to the cash park fee discussion.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Nearing
and to give 1st Reading to Ordinance No. 7-82. Motion carried unanimously.
MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-250,
approving the preliminary plat of Eden Prairie Public Library. Motion carried
unanimously .
MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the
Developer's Agreement taking into consideration the recommendations contained
in the Staff Report and those of the various Commissions . The cash park fee
is to be based on City Manager Jullie' s recommendation. Motion carried unani-
mously.
C. BASS140ODS FIFTH TOWNHOUSE ADDITION by Mr. and Mrs . Dahlquist. Request for
PUO rear yard setback variance and preliminary plat for Lot
1, Block 1, and Lot 3, Block 1 , Basswoods Townhouse Second Addition. Lo-
cated at 8851 Basswood Road. (Resolution No. 82-251 - PUO amendment and
Resolution No. 82-252 - preliminary plat)
City Manager Jullie stated notice of this Public Hearing had been published
and property owners in the vicinity had been notified.
Dale 14enkus , architect for the proponent, addressed the request.
Director of Planning Enger said the Planning Commission had reviewed the
proposal at its October 12, 1982, meeting at which time it voted to recommend 1
approval subject to the recommendations contained in the October 7, 1982,
Staff Report.
Director of Community Services Lambert said the Parks , Recreation & Natural
Resources Commission had not reviewed the proposal .
Ci-
ti
Fr_,ntl ey asked if a PUD an.snd:~:,_nt covers the entire PUD or is it rarrovred
to only this specific request? Enger said it covers only this request. a
rdstrom asked if there were other screened in porches in the 5enerZ1 vicinity .
;•;erik:us said not that he was aware of -- the outlines on the map show patios
and decks .
:� ked if anytime there is something like this in The Preserve nnust
it c;:,:!ie before the Council? Enger said he thc_;aght the Planning Commission
review prior to Council action was appropriate; it could be done also by
tree Board of Appeals . Enger felt since the original api. oval had come from
the Planning Commission, this was the appropriate method. City Attorney t
Pauly said that because this request necessitated a replatting, it had to
cr)rrre before the Council . Tangen said he did not feel the Council should
act as the board for variance requests.
There were no comments from the audience.
MOTION: Redpath moved, seconded by Tangen , to close the Public fearing and
to adopt Resolution No. 82-251, approving the development of Planned Unit r
Development in The Preserve. Motion carried unanimously.
MOT ION: Redpath moved, seconded by Tangen , to adopt Resolution No. 82-252 ,
approving the preliminary plat of Basswoods Fifth Townhouse Addition . Motion
carried unanimously.
D. SHADY OAK A1.1000 by Arroca Oil Company. Request for rezoning 93 acres from
Pura
l to «wy-Com. and preliminary plat for construction of a gas Station.
Ior.oted in the south,;.est corner of Crosstown 62 and Shady flak Read. (Ordinance
%o. 12-(92 - i � zoning arid R,rsolution No. 82-253 - preliminary plat)
City Manacer Jullie said official notice was published and notices had been
.,ent to Property owners within the project vicinity.
Harlan McGregor and Ray Duggan were present representing Arnoco Oil Company.
%1c r,�yor addressed the proposal .
Director of Planning Enger noted this had been reviewed by the Planning Commis-
sion at its October 12 , 1982, meeting at which time it had recommended approval
C. abject to the conditic;ns included in the August 5 , 1982, Staff Report.
This ite rn was not rcvi : wed by the Parks, Recr(-atiun & 'Natural Resources Coi:unis-
s ion.
Redpath asked if there would be a provision for a turn around on Old Shady
Oak Road. Enger said records show the right-of-way still exists for Old
Shady Oak Road; a turn around is now provided on private property, If there
is a real need established , Enger felt the City should provide a turn around.
Edstrom suggested that point be made a part of the Developer' s Agreement,
Ken Beiersdorf, representing the Uherkas , 6301 Shady 0ak Road, said he under-
stood a semaphore would be installed at this location at some time, Director
of Public :forks Dietz said there is a good possibility that there will be several
semaphores between this location (the Crosstown) and Highway 169 but there are
no specific plans at this time.
w.
City Council "i nutes -8- No,rember 2, 1982
a
Beiersdorf said the Uherkas are not in opposition to the proposal but are
near retirement and have their property on the market and are interested in
knowing what the costs will be to them. He said considerations should be
given to the impact the traffic will have on the Uherka' s property.
Mike Loosen, 6200 Shady Oak Road , asked how much space would be allowed for
a turn around on Old Shady Oak Road. Enger said this will be evaluated.
Loosen asked about the bank on Shady Oak Road. Duggan said there would be
a 2: 1 or 3: 1 slope; screening would not be necessary.
Redpath asked if there was any provision made for the headlights which would
be coming out of the service stattion as cars exit south. Enger said this
was not considered.
i
Penze'1 asked how steep the driveway would be. Duggan said it would nave a
3 - 5% slope.
Edstrom asked where the gas station at Highway 5 and Eden Prairie Road stands.
McGregor said that plan had been abandoned and the proposed station would be
built next Spring.
Jullie stated sewer and water is one fourth mile to the south; no utilities
have been petitioned for this site. Enger said Honeywell is preparing
plans to market its property east of this site. Redpath asked what the
feasibility would be to extend the utilities up the west side of Shady Oak
Road since the apartment building proposal had been approved. Dietz said
it would be easier to extend the utilities up the east side of Shady Oak.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing,
and to give 1st Reading to Ordinance No. 12-82. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-253,
approving the preliminary plat of Shady Oak Amoco. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft the
Developer' s Agreement including the recommendations included in the Staff
Report, looking into the possibilities of a turn around, the potential shield-
ing of lights is to be examined, and ownership of the road is to be determined. ,
Motion carried unanimously.
E. VALLEY PLACE OFFICES PLAT by G.S. J. Development. Request for preliminary plat-
ting of 4, 1 acres, 4 lots zoned Office district with variances to be reviewed
by the Board of Appeals to allow Office condominium buildings. Located at 9971
- 9979 Valley View Road. (Resolution No. 82-254 - preliminary plat)
City Manager Jullie stated the official notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Charles Garrity and Bill Jacobson of G. S.J. Development and Brad Fuller, attorney,
were present. Garrity addressed the proposal .
t
City r:r:uncil Nirutes -9- Nc r 2, 1982
Director of Planning Enger stated this item had '-c,en reviewed by the Planning
Commission at its October 25, 1982, meeting at which time it recommended
approval subject to the recommendations included in the October 23 , 1982,
Staff Report.
This item had not been reviewed by the Parks , Recreation & Natural Resources
Commission.
Edstrom asked about the tax exempt financing. Fuller explained that tax exempt
financing could not be 'used to finance inventory. He stated lot 2' had not teen
improved or financed by industrial revenue bonds and could be conveyed safely
without jeopardizing the tax exempt financing. a
a
Tangen asked about city ownership of the street to eliminate landlock parcels .
City Attorney Pauly rioted that when the City owns the street it then has the
obligation to maintain it. Director of Public Works Pietz said the City has
easement access in some apartment complex areas . City Manager Jullie said
this creates additional setback problems for the City. Pauly said he had E
reviewed the document and had discussed it with Fuller. tie noted there are
some things which need to be revised; modifications are not to be made with-
out the City' s consent.
s
There were no comments from the audience.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing
and to adopt Resolution No. 82-254, approving the preliminary plat of Valley
View Offices Plat. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath , to direct Staff to draft the
Developer' s Agreement taking -into cons i derci t i on the reco{r;rrendati ons included
in the Staff Report and to the satisfaction of the City Attorney. Motion
carried unanimously.
F. PUBLIC HEARING TO CONSIDER RENAMING KURTZ LANE SOUTH OF C.M.ST.P. AND P.
AA_ILROAD (Ordinance No. 13-82� - effective upon pubTicat�on,
There were no comments from the audience.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
to give 1st Reading to Ordinance No. 13-82, renaming Kurtz Lane South of the
C .M. St. P. and P. Railroad to Hallmark Drive. Motion carried unanimously.
G. PUBLIC HEARING TO CONSIDER RENAMING FLYING CLOUD_ DRIVE BETWEEN VALLEY VIEW
ROAD AND SHADY OAK _RAO (-Ordinance No. 15
Tangen asked that this matter be continued for two weeks because the
residents of the neighborhood are unhappy with the proposed name (Kenwood
Drive) and wish to submit another name for consideration.
MOTION: Tangen moved, seconded by Bentley, to continue this item for two
weeks (to the November 16, 1982 meeting. ) Motion carried unanimously.
l
City - uncil t"ir,;tLeS
H. PUBLIC HEARING TO CONSIDER RENAMING VALLEY VIEW ROAD FE ``EEN FAKER 1C'A.D
Ardu I-494 (ordinance No. I4-82� - effective July 1 , 1y84.
Director of Public Works Dietz said the name Roberts Drive had been suggested
for this portion of Valley View because two of the early settlers in the
area had Robert as a first name. Penzel said the name had been chosen by
a resident on that segment.
MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing
and to give lst Reading to Ordinance No. 14-82, renaming Valley View Road
between Baker Road and I-494 to Roberts Drive effective July 1 , 1984. Motion
carried unanimously.
VI . PAYMENT OF CLAIMS NOS. 4405 - 4567
MOTION: Edstrom moved, seconded by Bentley, to approve the Payment of Claims
Nos. 4405 - 4567. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel
voted "aye." Motion carried unanimously.
VII . RLPORTS OF OFFICERS, BOARDS & COMMISSIONS
'There were no reports .
VIII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Rr�quest from Thompson Academy of G mnastics fora qymnastics use in an industrial
a rea
Penzel asked City Attorney Pauly to address the zoning concerns on this matter.
Pauly said a mernora0um which accompanied the packet nnaterial suggested some
of the alternatives ; one of which is to amend the current zoning ordinance to
allow the use of a conditional use permit. Another alternative would , e to
permit this use in an industrial zone. He stated the authorization of , gin-
ditional use permit could create some problems later on as applicants _ .e in
and rzeet the criteria it is quite difficult to not grant the permit. Pauly
said the preferable course would be to amend the zoning chapter to permit the
use of gymnastics schools in the industrial zone with the parking section arr.ended
relative to the parking requirements.
Redpath asked what the parking requirements are now. Enqer said 15 - 18 park-
ing spaces are provided for the space. Penzel said this type of use does not
require parking because no one stays during the classes . Enger said Staff had
called neighboring cities to see what their experience had been. The curricu-
lum for the various schools vary so there is no way of measuring what might be
needed by any one school at any one time.
Penzel noted a public hearing would have to be called to amend Chapter 11.
Edstrom said he would like to accommodate this type of use, but he would not
like to open a Pandora ' s box. He felt the Council should proceed as Pauly
had suggested and amend the zoning ordinance.
A petition in support of the Thompson Academy of Gymnastics was presented
(see attached. )
i
City Council Mii nutes -1 I- November 2, 1982
Enger said he would like some direction in regard to the parking requirements
the Council would like to have included in the amendment. Pauly said a mini- r
mum parking level could be established and if a variance were appropriate , it
could be requested.
}
Redpath asked if gymnastic meets would be held here. Greg Aretz , vice presi-
dent of Thompson Gymnastics said there would not be because there is not enough
room.
Tangen asked if this amendment would be for a specific use. Pauly said it would
allow a category of uses , but the types of uses to be allowed in that category
would be spelled out.
a
MOTION: Edstrom moved, seconded by Redpath, to instruct Staff to develop the I
appropriate amendments to the City Code. Motion carried unanimously.
IX. ORDINANCES & RESOLUTIONS
A. Resolution No. 82-257, relating to the Burg King rezoning request
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-257,
relating to the Burger King rezoning request. Motion carried with Edstrom
abstaining because he was not present at the meeting at which time this natter f
was discussed and on which the findings of fact were based.
MOTION: Tangen moved, seconded by Redpath, to deny Resolution No. 82-234,
preliminary plat for Burger King. Motion carried with Edstrom abstaining.
B. Resolution No. 82-245, approving the preliminary plat of 1 lot into 2 lots_
for app roximately 1 .6 acres for Treanor Addition Guy Treanor
This item was moved to the Consent Calendar as item IV. H.
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel noted a letter which had been received from the Minnesota Association
for Retarded Children (MARC) which expressed concern about the toxic waste
transfer site under consideration and to which the Association is opposed.
Penzel read a letter from William Bearman requesting a 90 day leave of absence
from the Planning Commission because of a recent illness.
Penzel called attention to a membership meeting of the Association of Metro-
politan Municipalities which will be held on Thursday, November 18, 1982, at
7:30 p.m. at the, Roseville City Hall . Legislative policies will be discussed.
City Council Minutes -i2- November 2, 1.982
B. Report of City Manager
1. Appointment of Auditors to conduct the 1982 Audit
MOTION: Redpath moved, seconded by Edstrom, to appoint fox, McCue b
Murphy as auditors for the 1982 audit. Motion carried unanimously.
2. Set date and time to meet as Canvassi nq Board
MOTION: Bentley moved, seconded by Redpath, to set 5:30 p.m. on Wedenesday,
November 3, 1982, as the time and date for the meeting of the Canvassing
Board. Motion carried unanimously.
3. Discussion of contract amendments - Prairie Center Drive
Director of Public Works Dietz reviewed the problems which had come about
in negotiations for right-of-way in the Valley View Road vicinity of the
project (Meat Cutters property. ) He outlined the alternate alignment.
MOTION: Edstrom moved, seconded by Bentley, to approve the recommendation
of Staff. Motion carried unanimously.
XI . NEW BUSINESS
Bentley noted there are lights in the entrance to the Prairie Village Mall which
have been burned out for several months. Staff will check on this.
C Bentley stated the berming behind Northmark II has a gap in it. Director of Public .
Works Dietz said he has a call in to the developer regarding this matter.
Penzel asked when street lights will be installed at the Community Center entrance.
Dietz said they had been ordered, but he did not know when they would be installed.
Penzel said he had been approached regarding modification of signage at the Prairie
Village Mall .
MOTION: Tangen moved, seconded Bentley, to instruct Staff to look into modifying
sign requirements at the Prairie Village Mall , Motion carried with Edstrom abstain-
ing.
XII . ADJOURNMENT
MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:12 p,m.
Motion carried unanimously.
77
f` CANVASSING BOARD MINUTES
NOVEMBER 3, 1982
THE CITY COUNCIL MET AT 5:30 PM AT THE CITY HALL AS THE CANVASSING BOARD FOR THE
CITY OF EDEN PRAIRE TO RECEIVE THE RETURNS OF THE ELECTION JUDGES FOR THE CITY
o ELECTION HELD ON NOVEMBER 2, 1982. THE RETURNS WERE AS FOLLOWS:
T
TOTAL PCT#1 PCT#2 PCT#3 PCT#4 PCT#5 PCT#6 PCT#7 PCT#8 PCT#9 r
MAYOR:
i
WOLFGANG H-(WOLF) PENZEL 6718 720 598 531 649 852 545 745 803 1275
LINDA GOLLE 1 1
DICK MAHAFFEY 2 2
H.A. (AL) BOSCH 1 1
ROBERT COLE 2 2
PAUL REDPATH 3 2 1
DOUG LEHMAN 2 2
TIM PIERCE 1 1
PAUL CHOINIERE 1 1
JOHN HORAN 1 1
FRED BAUMAN 1 1
MARY HADEN 1 1
BILL COLE 2 2
BILL VERKUILEN 5 5
MERLAND BELDEN 3 3
MARTIN PAULSON 2 1 1
JIM DUNGAN 1 1
DAVID EKBACK 1 1
JIM ZAIC 1 1
CLAIR KISPERT 1 1
PHIL MILLEVOLT 1 1
_ CURT OBERLANDER 1 1
JAMES RAMSEY 1 1
a
CITY COUNCIL: fi
DICK ANDERSON 3545 446 330 314 410 486 245 318 373 623
JIM BUCKMAN 1956 181 93 140 178 277 165 222 327 373
LINDA GOLLE 3017 338 281 233 245 344 263 461 325 527
PAUL REDPATH 3564 395 364 291 397 524 337 361 346 549
DAN SMITHWICK 1403 130 148 103 127 104 103 175 168 345
STEVEN MCMICHAEL 1 1
HEALY 1 1 f
DAVE OSTERHOLT 1 1
ALLAN UPTON 1 1
BILL COLE 1 1
REGISTERED AT 7:00 AM 10840 1161 994 874 972 1274 833 1405 1311 2016
REGISTERED TODAY 1253 110 95 82 103 137 82 197 191 256
F TOTAL REGISTERED 12093 1271 1089 956 1075 1411 915 1602 1502 2272
TOTAL VOTED 8096 886 730 651 767 1003 654 953 957 1495
% VOTED 11/2/82 66.95 69.71 67.03 68.10 71.35 71.08 71.48 59.49 63.72 65.80
ABSENTEE VOTERS 225 22 14 28 28 26 7 33 18 49
THE MEETIN WAS ADJOURN ZAT5PM
MLFGAN H. ENZEL,MAYOR '� OHN D. ANE,CITY CLERK