City Council - 06/21/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 21, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H, Penzel , Richard Anderson, Geor'
Bentley, Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger!
Pauly, Planning Director Chris Enger, Director
of Community Services Robert Lambert, Director o
Public Works Eugene A. Dietz, and Recording Sec-
retary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Richard Anderson was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda : VIII A. 1 Dangerous intersection;
VI I I B. 5 Receive 100%^petition for i nprovements - Ryma_rl and Camp; VI_I I ._ B. 6
Purchase Pq-reementfor Right�of_wa� _Prairie Center Drive project.
The fol1owirig item was removed from the Consent Calendar as item IV. D. to VIII ._
B. 7. 2nd Readi n9 of Ordinance No. 13-83, Zoning Amendment to I-2, A�prova�l_o-- -- -- _
Developer' s Agreement Amendment for Westwood _Industrial Park , Adoption of
Resolution No. 83-13-8, Approving Summary of Ordinance No. 13-83. and. Ordering the
Publication of said Summary for Westwood Industrial Park by_Burg Carlson. 37
acres for Industrial Park development south of County Road 67, west of St. John's
Woods Townhouses .
The following item was added to the Agenda as VIII , B, 8, _ Update on TH 212 Task
Force. _ _. _-- - _
MOTION: Bentley moved, seconded by Redpath , to approve the Agenda and Other Items
of Business as amended and published. Motion carried unanimously.
II . PRESENTATION OF DONATION FROM JAYCEE MEN AND JAYCEE WOMEN ORGANIZATIONS
Director of Community Services Lambert introduced Wayne Schimer and Bob Wurtzman
representing the Eden Prairie Jaycees and Betty VanAlstine and Renee Wiley of the
Eden Prairie Jaycee Women who presented checks to the City for $3200 and $800
respectively. The money will be used to purchase sail boats and picnic tables
to be used at Round Lake Park . Mayor Penzel extended the appreciation of the City
to these organizations for their donations to Community Service Department projects.'
City Council Minutes -2- June 21 , 1983
Lambert also noted the Morning Lions Club had donated $439.35 for the purchase
of a canoe and necessary equipment.
III . MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD SATURDAY, JUNE 4, 1983
MOTION: Tangen moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Saturday, June 4 , 1983, as published
Motion carried unanimously.
IV. CONSENT CALENDAR
A. Award contract for Brookview Circle Impvuvei,ierits , I .C . 52-040 (Resolution
_----..__
B. Authorization to transfer excess property from Hennepin County to City West
C. Receive feasibility report for Anderson Lakes Park_ Ut 1 i ty and Street Im-
provements and set Public Hearing for July 19, 1983, I .C. _52-035 -�IWs-6 u-
ti on No. 833-143)
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D. 2nd Reading of Ordinance No. 13-83 , Zonin2__Amendment to I-2, Approval of
Developer' s Agreement Amendment for Westwood Industrial Park, and Adoption
of Resolution No. 83-138, Appravin Summate of Ordinance_ No. I3-83, and
Orderinj the Publication of said Summary for Westwood Industrial Park by
fury Carlson . 37 acres for Industrial Park development south of County
Road 67, west of St. John ' s Woods Townhouses. - Moved to item VIII . B. 7.
E. Clerk' s License List
F. 2nd Readi nq of Ordinance No. 25-83,_amendi n Cable TV Ordinance No. 80-33
setti no forth a description of the facilities to b e provided b,�Qrantee;
modif,�inc�the initial service area ; am-hi the -line extension_policy of
prantee, ijescribid installations charges as set forth herein: and amend-
ingthe exhibits
G. Ist Readi nq of Ordinance No. 28-83, amendi nn City_Code_ Sections 6.02 and 6.03
which relate to the application and scope of Chapters 6, 7 . and 8; amending
City Code Section 8. 08 which relates to truck_p in residential districts
and ado ting by reference Cif Code Chapter 1 and Sections 6.99, 7.99 and
8.99 which, amok other things� contain �enaIty provisions T -
MOTION: Bentle.v moved, seconded by Tangen, to adopt items A - C and E - G
on the Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. CITY WEST BUSINESS CENTER by Ryan Construction. Request for Planned Unit
Development District Review, Planned Unit Development Amendment Approval ;
Zoning from Rural to I-2; and Preliminary Plat approval of 14.05 acres into
two lots for office/service/storaeie uses . Location - northwest of Shady Oak
Road, west of 169/212. (Resolution No. 83-135 - PUD, Ordinance No. 26-83 -
Zoning, and Resolution No. 83-136 - preliminary plat)
City Council (Minutes -3- June 21, 1983
City Manager Jullie noted official notice of this Public Hearing had
been published and notification had been sent to residents within the
project vicinity.
Al Schackman, Ryan Construction, addressed the proposal . Schackman also
presented to the Council letters from Charles James , of James Refrigeration ,
Edward Sieber, and Leonard Uherka , owners of adjacent properties, who are
in support of the project (see attached. )
Planning Director Enger stated the Planning Commission had reviewed this
U
+ +. 4-i FAY a, 1 001 moe+i nn at �.;Fii�i� t i mes i t was continued nLed to the
r e q u es t t, 1 L. lu .a�v.n , ea
May 23, 1983, meeting so Staff could provide the history of the City West
development to the Planning Commission . A memorandum dated May 20, 1983,
outlined the requested information. At its May 23, 1983, meeting, a motion
to deny the request for PUD District Review and the PUD Amendment failed
(3-3-0) . A motion to recommend denial of zoning from Rural to I-2 carried
(4-2-0) . A motion to recommend denial of the preliminary plat failed (3-3-0) .
Enger noted the recommendations included in the Staff Report dated May 6,
1983, were not adopted by the Planning Commission. Enger reviewed the compar•-
ison of the current request to the original City West PUD criteria as
outlined in the May 20, 1983, Staff Report, Enger also addressed the
land use controls which might be included in a proposed "high tech" zoning
category. He noted that in this category buildings should be no -less than
40ro office, no more than 40% assembly, and no more than 50% storage.
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There was no report from the Parks , Recreation & Natural Resources Commission.
Bentley said he had a question as to whether or not this should be zoned i
I-2 or office; why can ' t this be zoned for office use? City Attorney Pauly
said the City Code specifically provides that under a PUD Development Program
the uses can be limited but cannot be expanded beyond those for which the
basic zoning occurs. Pauly noted the PUD process would permit amendments to
the performance standards but not with regard to the use standards. He said
by permitting uses to change on a case by case basis the integrity of the
uses would be suspect and the PUD process would become diluted. Bentley
asked if this would be an appropriate land use within this project relative
to the initial approvals which had been given. Bentley expressed concern
about users other than the initial building occupant. Penzel said a time
frame could be adopted for adoption of a new zone. Pauly said that would
take a couple of months. Redpath noted this problem arose with another
project; everyone seems to fear the I-2 zone for this type of project.
Penzel wondered if the City could require an occupancy permit for each
new tenant in a building. Pauly said this is not a requirement of the
present City Code but such a provision could be made; there would be quite
an administrative burden with this .
Redpath stated the residents of Golden Ridge have been very observant as
to what has been going on with this City West project. One of the residents
was promised on May 9th to receive help with landscaping; this has not been
done. Scott Anderson, spokesman for ADI , stated that cards had been dropped
at the homes of residents who are to receive landscaping assistance.
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City Council Minutes -4- June 21 , 1983
Tangen said he has problems with this land use. He would like to see
it reviewed in relationship to the entire PUD. Enger reviewed the
proposal using the overhead projector to outline areas visually. He
noted the oriqinal plan had called for 148,000 square feet of office space
and the new plan includes a total of 174,000 office/warehouse/assembly (high
tech) space. While there is 20ro more building area there are fewer
parking spaces (50% less area; rather than 750 spaces there are 496 pro-
posed. ) Tangen asked if the impervious surface of the interior area
had been calculated into the parking space coverage area. Enger said
the interior surface would be in addition to the parking.
Schackman said he had asked Staff for some additional clarification on
sorne of the issues raised and stated he is in agreement with the concept
and intent of the Staff. He said he has some problems with the limitations
as to the percer,taaes for each type of use. Regarding the future use of 3
the buildings, he felt the likelihood of this turning into some of the heavier
industrial uses which have been mentioned were negligible because of the
design and size of the buildings under consideration . He also stated the
interior height of 12' would limit the use. He said the plan is to have 45%
office use. Initial rentals would be over $5.50 per square foot which is
too expensive for industrial users .
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Redpath asked if the roof-top paraphernalia could be screened. Schackman
explained the type of screening which they planned to use. The planting
and landscaping plan was also discussed. Tangen asked if some of the trees
are now in place ; Scott Anderson said 6 or 8 are. Enger noted the types o%
trees which were indicated on the plans . Penzel asked Schackman to explain
the interior trail system. Penzel asked if the buildings might be faced with
brick. Schackman noted their desie!ner had just won an award for this design
which uses burnished block; it would require an entire design change if that
were to be necessary.
Duke Addicks, lawyer for the Golden Ridge residents , said the residents
feel this is a serious change from the way this was originally approved.
He said today an Environmental Assessment Worksheet on the project was
requested today. He said this was done because the residents feel there
has been a substantial change in the land coverage; there will be additional
truck traffic which will create air and noise pollution. He stated there are
OSHA standards which must be adhered to due to air transferring required in
any assemblying operation. He said the request of the neighbors addresses
two issues: the appropriateness of the land use for this area and the need
for a new EAW.
Penzel said the property has never been zoned for residential but has been
Rural . He inquired what prohibitions might be in place in regard to action
the City Council might take now that this petition for an EAW had been filed.
City Attorney Pauly said the City Council must determine whether or not a
new EAW is necessary; this does not preclude preliminary action by the Council .
Bentley noted there is an existing EAW on this project. He felt the air
pollution from cars would be greatly reduced -- this would really be a high
tech office rather .than a heavy industrial' use.
City Council Minutes -5- June 21 , 1983
Warren Gerecke, 6622 Golden Ridge Road, expressed concern over the "big
picture" and the effect this would have on the whole City West project.
Jan Gerecke, 6622 Golden Ridge Road, asked if this proposal would fit into
a project which had already been zoned I-2. Enger said it would. Bentley
noted that changes in economic conditions warrant changes in the way things
develop.
Redpath asked if there could be plantings in the interior area of the buildings . ,
Schackman said that had not been considered; that would not help with snow
removal .
Bentley said he would like to see restrictions within an I-2 park as to
what can and cannot be done.
Penzel said he sees this as a pursuit to amending Chapter 11 of the City Code.
He said he has a number of reservations about the sight lines. He would like
the number of buildings addressed as he would like to see smaller buildings .
He would also like the issue of the outside facing addressed as he would like
the facades within an office complex to be consistent. He also said ne would
like the trail system looked into. Bentley concurred. Tangen said he did
not feel he had seen enough of the details; there is nothing firm on which
to base a decision. Bentley said he would like to see the Planning Commission
look at this again with emphasis on the plan and not on what the concept was .
Penzel said he would like to have a new zone available prior to any formal
action; the EAW may require that. Pauly said that the Code would have to
be amended prior to the use of any new zoning provision being used; this would
take some time.
Schackman said timing was of concern and they would like this issue to be
expedited. He said he would be willing to withdraw his request from tonight 's
Agenda and come back with it at the next Council meeting.
MOTION: Bentley moved, seconded by Redpath, to continue the Public Hearing
on this request to July 19, 1983, and to refer the matter back to the Planning
Commission for further review. Motion carried unanimously.
B. WELSH CONSTRUCTION, INC. Request for Toning from Rural and R1-22 to Office;
and Preliminary Plat approval of 1 .5 acres for office land use. Location:
north of West 78th Street and east of Prairie Center Drive. (Ordinance No.
27-83 - zoning and Resolution No. 83-137 —preliminary plat)
City Manager Jul l i e said notice of this Publ i.c Heari,ng had been publ i,shed
and property owners within the project yi.ci.ni.ty hod been npti.fi,ed%
Dennis Doyle, President of Welsh Companies, spoke to the proposal , noting
this would be their corporate headquarters.. Lee Barris , project manager,
addressed specifics of the proposal .
Planning Director Enger said the Planning Commission had reyiewed the request
at its May 23, 1983, meeting at which time- it voted to recormend dpprQvai
subject to the receommendations included in the May 20, 1983, Staff Report
and the additions as noted in the May 23, 1983, Planning Commission Minutes '
City Council '"i nutes -6- June 21 , 1983
Redpath asked what efforts would be taken to protect the 36" oak tree
which is on the property. Doyle said this had been discussed and was
considered to be one of the amenities of the property; he indicated
measures will be taken immediately to preserve the tree.
Penzel noted there was a piece of City owned property involved in this
proposal and he wondered how the proponent intended to acquire it.
Doyle said he thought there was an option on the property. City Attorney
Pauly said the property was subject to an option to individuals who owned
some other property and that option was part of the right-of-way consider-
ation for Prairie Center Drive; Lhe Welsh Companies would have tc• deal with,
a third party. Doyle said that is in process.
There were no comments from the audience .
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 27-83. Motion carried unanimously. s
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MOTION: Bentley moved , seconded by Tangen, to adopt Resolution No. 83-137,
approving the preliminary plat of Welsh Offices for Welsh Construction .
Motion carried unanimously.
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MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a
Developer' s ;agreement subject to the recorm-nendations of the Commissions ,
Staff and City Council . Special provisions should be taken to prctect.
the oak tree including bonding protection (caliper inch for caliper inch
replacement policy) and any right-of-way disturbed in grading will be re-
turned to its original state. Motion carried unanimously.
C. GUSTAFSON & ASSOCIATES. Request for Zoning from RM-6 .5 and RI-13. 5 for two
single family detached homes on two lots. Location: adjacent to Cardinal
Creek Road and west of Stonewood Court. (Ordinance No. 29--83 - zoning)
City Manager Jullie stated that notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Planning Director Enger said the Planning Commission had reviewed this request
at its May 23, 1983, meeting at which time it had voted to recommend approval .
There were no comments from the audience .
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 29-83. Motion carried unanimously.
D. ORDINANCE NO. 30-83, ALLOWING FOR INTERIM USES IN THE MAJOR CENTER AREA
City Manager Jullie said official notice of this Public Hearing had been
published. He explained the draft of this Ordinance had been prepared by
City Attorney Pauly' s office with input from City Staff and the Planning
Commission had reviewed this Ordinance and recommended approval .
City Council t"i nutes -7 June 21 , 1983
Redpath asked if the interim use would be for a particular building or
for each specific user/occupant of that building. City Attorney Pauly
said it was his feelinu this would be tied down to one use; permission
would have to be granted for each additional use.
Bentley asked what the square footage of business or advertising signs
would be and what the definitions were of "minor revisions" and "major
revisions. " The consensus was that these would be determined prior to
the 2n.d Reading. Some suggestions as to the definition of "major revision"
were: cost of 10% of the market value of the building; "minor revision"
would -hp- nnthinn than 10%. The consensus as to sign size was eight (8)
square feet.
There were not comments from the audience .
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 30-83 as amended. Motion carried
unanimously. ;
VI . PAYMENT OF CLAIMS NOS. 7997 - 8247
MOTION: Tangen moved, seconded by Redpath, to approve the Payment of Claims Nos,
7997 - 8247. Roll call vote: Bentley, Redpath, Tangen and Penzel voted "aye. "
Motion carried unanimously.
VII . REPORTS OF ADVISORY COMMISSIONS
A. Historical & Cultural Commission - Cummins/Grill House (Resolution No. 83-144)
Director of Community Services Lambert spoke to his memorandum of June 15, 1983,
regarding the official name for the former residence of J.R. Cummins and
Martin and Mildred Grill and Sandy Werts memorandum of June 9, 1983, con-
cerKing the Community Development Block Grant for Restoration of the Cummins/
Grill Homestead.
MOTION: Redpath moved, seconded by Bentley, to authorize the MacDonald &
Mack Partnership to proceed with architectural services and to secure
quotations for the repair work to the Cummins-Grill Homestead as per Ms.
Wert' s memo of June 9, 1983. Roll call vote: Bentley, Redpath, Tangen
and Penzel voted "aye. " Motion carried unanimously.
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83- 144,
designating the offical name of the former residence of J.R. Cummins and
Martin and Mildred Grill as the Cummins-Grill Homestead, Motion carried
unanimously.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Dangerous intersection - Penzel stated- there had been a serious accident
near the intersection of Blossom Road and Pioneer Trail (County Road 1)
which again brought to attention the fact that that intersection should
be closed off.
City Council Minutes -8- June 21 , 1983
MOTION: Bentley moved, seconded by Tangen, to direct Staff to
( take the appropriate measures so the east end of Blossom Road
l^ will be closed off in the near future.
Sally Brown, 10080 Bennett Place, asked that Blossom Road be extended
to connect to Bennett Place at the time this action is done. Penzel
said that would be part of the proposal .
VOTE ON THE MOTION: Motion carried unanimously.
B. Report Of City Manaa er
1. Discussion on Commercial Stables Ordinance
City Manager Jullie noted the Council members had received a proposed
draft of the comi-f;ercial stable code and introduced Zoning .Administrator
Jean Johnson who addressed the draft ordinance. Various questions were
raised about specific points within the draft.
Mark Hamer, 9725 Pallisades Circle, stated the issue regarding commer-
cial stables corner down to a question of stable management. He said
you can have a number of horses kept in one barn on small acreage --
he has heard of as many as 120 horses kept on a 5 acre parcel . He said
he is against those operations which allow "wholesale ridiog. Penzel
said he thought this might be provided for if a provision such as "you
shall have no more than four horses per acre unless 100% stabling is
provided for them" is included in the ordinance.
Redpath asked if the City was having problems with stables . Johnson
said it was not.
Bentley asked that under Subdivision 4 dealing with inspections the
following be aided "but in no event less than twice a year" to the
first sentence.
Redpath asked if the City would hire a veterinarian. Johnson said
that would probably not be necessary unless abuse was found.
Bentley asked if inspections would be necessary prior to license renewal .
Sally Brown, 10080 Bennett Place, said her attorney had spoken with City
Attorney Pauly and it was the understanding of her attorney that it was
not the intent of this ordinance to cover her operation. She said she
considers her use to be "farming. " Pauly said the question had been raised
as to whether or not her operation is a non-conforming use -- if it existed
prior to 1969, this would legalize the present operation. Brown said she
has been there for 19 years. Pauly said the 1969 Ordinances said "there
will be no raising of livestock, etc." He told Brown that she would not
need the stable ordinance to operate legally because she is a non-conform-
ing use due to 19 years of raising livestock.
MOTION: Bentley moved, seconded by Redpath, to set a Public Hearing
on the Commercial Stables Ordinance for the July 19, 1983, meeting of
the City Council . Motion carried unanimously.
City Council 11inutes -9- June 21 , 1983
2. Discussion on Si n Ordinance
Jean Johnson , Zoning Administrator, spoke to the proposed public
district sign regulations and her memorandum of June 16, 1983.
Redpath asked if signs such as the one outside of St. Andrew Lutheran
Church which has a message would be allowed. He also wondered about
church signs which advertise Bible school , etc. Planning Director Enger
said the ordinance would not allow churches to have signs -- St. Andrew
is the only church that has one. He said if the Council wishes to allow
rneSSdye board S7 ynJ that i airy iiaye v+i i i i L~i% udd d tv the
Penzel asked how the sign size is measured. He felt that creativity in
design of signs might be limited depending on the criteria used.
Johnson noted the variance procedure would be available as a provision
of the proposed ordinance.
MOTION: Bentley moved, seconded by Tangen, to set a Public Hearing
on the Sign Ordinance for August 2, 1983. Motion carried unanimously.
Morris Mikkelson , 6635 West 175th Avenue, noted the special temporary
conditions for which churches need special signs. He said this should
be provided for in the ordinance. He raised the questions as to whether
or not crosses, doves, etc. are symbols or are considered to be a part
of an actual sign. ±`
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Brian Bittner, 7501 Superior Terrace, representing Christ Lutheran Church,
noted his church has a cross attached to a sign and said they need to have 6,
a way in which to advertise a change in hours during the summer as well as
special programs offered by the church. ;,
3. Discussion on Department Head Compensation
MOTION: Bentley moved, seconded by Redpath, to approve the additional
perquisites for Department Heads as outlined in. City Manager Jullie' s
memorandum to the Council . Roll call vote: Bentley, Redpath, Tangen
and Penzel voted "aye. " Motion carried unanimously.
Tangen said it was hard to interpret salary figures without knowing the
tenure, size of staff, and the like of each department head, Jullie
said the information he gave to the Council showed salaries of department
heads relative to those in other communities.
• 4. Discussion on Local 49 Contract
MOTION: Bentley moved, seconded by Tangen. to endorse the recommendations
of City Manager Jullie in regard to the Local 49 Contract. Motion carried
unanimously.
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City Council Minutes -10- June 21 , 1983
5. Receive 100% peti ti on for improvements =_Ryrrarland Camp
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No.
83-146, receiving 100% petition, ordering improvements and preparation
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of plans and specifications for public improvements for RymarTand Camp
3rd Addition - I.C. 52-043. Motion carried unanimously.
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6. Purchase Agreement for Right-of-way - Prairie Center Drive project
Director of Public Works Dietz said this right-of-wav was necessary
for an off ramp from I-494 onto Prairie Center Drive. He said this
property might have to be obtained by condemnation. An appraisal
said the property was worth $143,600. The consensus of the Council
was this was too high.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to get
a second appraisal and authorize Staff to proceed with condemnation
proceedings should that be necessary. Motion carried unanimously.
7. 2nd Reading of Ordinance No. 13-83, Zoning Amendment to I-2, Approval
of Developer's Agreement Amendment for Westwood Industrial Park, and
Adoption of Resolution No. 83-138, Approving Summary of Ordinance No.
13-83, a_�_ Ordering the Publication of said Summary for Westwood In-
dustrial _Park by Bury Carlson. 37 acres for Industrial Park development
south of County Road 67, west of St. John's Woods Townhouses . - formerly
IV. D.
City Manager Jullie noted the proponent had a problem with paragraph
B. on page 3 of the Developer' s Agreement. He said that language would
be replaced with the following:
1. The rough grading plan dated ,1983, indicating restoration
of the east slope and County Road 67 slope according to the June 1 ,
1983, landscape plan and the June 2, 1983, specification memo from
Craig' s Turf. The Owner shall obtain a bond in favor of the City of
Eden Prairie for 125% of the estimated value. Completion of the
revegetation by June 15, 1984. The approved Frond is required by the
City prior to building permit issuance.
2. As grading is completed on other areas of the site, the disturbed
areas shall be revegetated or built upon and finished landscaped
within three months of completion of grading.
MOTION: Bentley moved, seconded by Redpath , to grant 2nd Reading of
Ordinance No. 13-83, Zoning Amendment to I-2, Approval of Developer' s
Agreement Amendment with the revised language for Westwood Industrial
Park, and Adoption of Resolution No. 83-138, Approving Summary of
Ordinance No. 13-83, and Ordering Publication of said Summary for
Westwood Industrial Park by Bury Carlson. Motion carried unanimously.
City Council "1i nutes -11- June 21 , 1983
8. Update or. TH 212 Task Force
Planning Director Enger said he would make an informal presentation
at the July 5, 1983, City Council meeting to review the work of the
TH 212 Task Force. The consensus of the Council was to invite the
members of the Chanhassen and Chaska City Councils to a joint meeting
on Tuesday, July 12, 1983, at 7: 30 p.m. at Eden Prairie City Hall .
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C. Report _of City Attorne
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r '+ Al +.,v...,,, paid.. Said t►,o R1ort r,.tters had Vol tflt�.2"ily riicmicc�?d itc
V i Vy 4L.C. pit.) Pauly�J u a.kn u
appeal against the special assessments which had been adopted by the Council
last Fall . a
He noted memoranda he had sent to Council members on land alteration and
the permit process .
D. Report of Director of Community Services 4
1. Request from Riley Purgatory Creek Watershed District regardi n _Star in
Lake_ Stuff _
Director of Community Services Lambert addressed his memorandum of
June 2, 1983, in which he addressed the request from the Watershed
District.
Tangen asked why the City should assist in the cost of this Study
since the Watershed District has taxing authority. Lambert said
the District's budget for the year had been set and this was an un-
anticipated expense. He said in the past the City has done things
with them on a 50/50 basis.
Director of Public Works Dietz said the City will probably have to
adopt water quality standards and in the future studies such as this
will become the City' s responsibility,
Bentley said he felt this was worthwhile because the District might
do something more rapidly if the City were to participate.
Redpath noted that Round Lake is getting to be the same as Staring Lake
is; there is a bad water problem there.
Tangen asked where the money for the Study would come from. City Manager
Jullie said it would have to come from the General Fund.
MOTION: Redpath moved seconded by Bentley, to authorize the expenditure
of not more than $2,000 for the City' s participation in the Staring Lake
Study as per Director of Community Services Lambert's memorandum of
June 2, 1983. Roll call vote: Bentley, Redpath, Tangen and Penzel
voted "aye. " Motion carried unanimously.
City Council Minutes -12- Oune 21 , 1983
MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the
11 : 30 scheduled time of adjournment. Motion carried unanimously.
IX. NEW BUSINESS
Jeff LaBore, 6836 Duck Lake Road, addressed the Council in regard to a drainage
problem he has. He lives at the corner of Padon Drive and Duck Lake Road.
(Earlier in the Council meeting another resident of Padon Drive had attempted
to speak to the same issue. He was found to be out of order and did not remain
at the meeting to speak to the problem at this time, )
Penzel said he was very familiar with the problem as he used to live in that
neighborhood. He said the neighborhood would have to get together to fill
their backyards and relandscape.
MOTION: Tangen moved seconded by Bentley, to instruct the City Engineer to
investigate the problem and to report back to the City Council ; if there is some-
thing which can be done to lessen the problem that should be done. Motion carried
unanimously.
X. ADJOURNMENT
,. MOTION: Bentley moved, seconded by Tangen , to adjourn the meeting at 11:44 p.m.
Motion carried unanimously.
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