City Council - 09/20/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 20, 1983 7: 30 PM, CITY HALL
1NCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George
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 of 4
Public Works Eugene A. Dietz, City Forester Stu
Fox, and Recording Secretary Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
'PPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS f
's
ie following items were added to the Agenda: IX. B. 1. BFI 's request regard-
the Landfill , IX. B. 2. Staffing for the PEanning Department, IX. D. 1.
,ange Order #2, Lavonne Industrial Park and IX. D. 2, Rainbow Drive Util t s.
The followingitems were moved from the regular agenda to the Consent Calendar:
9
III . N. 2nd Readies of Ordinance No. 35-83, Zoning from Rural to R1-13.5 for
High Trail Estates 2nd Addition for Countryside Investments , Inc. , Approval of s
Developer' s Agreement for Hiah Trail Estates 2nd Addition, )f
Resolution No. 83-207 , Approving Summary of Ordinance No. 35-83, and Ordering
he Publication o�Sai d Summary of High Trai l Estates 2nd-Adddi ti on formerly
I II. A. , 111 . 0. Final Plat approval for Hi g bra T states dAddi tion
.-esolution No. 83-212 - formerly VIII . B, III.P. 2nd Reading of Ordinance
No. 41-83, Zoning from Rural to R1-9.5 for Timber Creek by B-T Land, Approval
ofDevelo er's Agreement for Timber Creek, and Adoption of Resolution No. 83-229,
AQprovin Summary of Ordinance No. 41-83, and Ordering Publication of Said Summar
for II
Timber Creek - formerly VIII. C . , I . Q. Request fromNS`P for conversion
o _street lights to high pressure sodium - formerly VII . A.
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously.
II . MINUTES
A. Regular City Council Meeting held Tuesday, September 6, 1983
MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of
the City Council Meeting held Tuesday, September 6, 1983, as published.
Motion carried with Bentley abstaining.
City Council Minutes -2- September 20 , 1983
B. Special City Counci 1 Meeti nq held Tuesday, September 13, _1983
Page 2, para. 9, line 2: change "complaints" to "inquiries"
MOTION: Anderson moved: , seconded by Redpath , to approve the Minutes
of the Special City Council Meeting held Tuesday , September 13, 1983,
as amended and published. Motion carried with Tangen abstaining.
III . CONSENT CALENDAR
A. Request to acc! o, bids for mechani cal and el ectri cal work at Cummins-
GriII Homestead
B. Request to prepare plans and specifications and secure_ notes for_
exterior restoration work on the Cummins-Grill Homestead
C. 2nd Readingof Ordinance No. 37-83, amending City _Code Section 11.70,
Subd. 2. , 6. , to redefine di recti one s gn- s for churches and—to adopt a
definition for directional signs for schools and publicly owned land
6:r buildings _ --
` D. Clerk' s License List
_. Final Plat app roval for Creekview Estates 2nd Addition (Resolution No. 83-222)
F. Final approval for Municipal Industrial Development Bonds in the amount
of _ 500,000.00 for Cotton-Hagen Resolution No. 83-230
G. Change Order Number 1, Lorence 1st and 2nd Addition Improvements , I .C.
52-032 � - - - - _
H. 2nd Readinq of Ordinance No. 38-83, Zoning from R1-13. 5 to R1-9.5 for
Rd_g'ewood_ West 2nd/Westover by Centex Corporation, Approval of Developer's
Agreement,Adoption of Resolution No. 83-217 Approving Summary of Ordinance
No. 38-83, and Ordering the Publication of said Summary!of Ridgewood West
2nd/Westover. 83 lots at Cumberland Road an Mi tche't- Road.—
I . 2nd Reading of Ordinance No. 43-83, Zoning from Rural to Highway Commercial
and -Adoption of Resolution No. 83-218, Approving Site Plan for Burger King
Restaurant. County Road 4 and Highway 5.
J. 2nd Reading of Ordinance No. 42-83, Zoning Amendment to I-2 for E. W. Sween, f
Approval of Developer's Agreement Amendment, and Adoption of Resolution
No. 83-219, Approving Summary of Ordinance No. 43-83 and Ord-ern Publication
of Said Summary. South of State Highway 5 at Fuller Road.
K. 2nd Readi n� of Ordinance No. 40-83, Zoning from Rural to Commerical Re icional
Service and Adoption o olution No. 83-220�Approving Site Plan for#
Menard ' s Shopping Center. East of existing Menard 's Building; adjacent to
Plaza Drive.
City Council Minutes -3- September 20, 1983
L. Preliminary Plat approval for TARGET. (Resolution No. 83-224)
M. Round Lake Park Irrigation Extension.
N. 2nd Reading of Ordinance No. 35-83, Zoning from Rural to R1-13.5 for High
Trail Estates 2nd Addition for Countryside Investments , Inc. , Approval
of Developer' s Agreement for High Trail Estates 2nd Addition, and Adoption
of Resolution No. 83-207, Approving Summar,, of Ordinance No. 35-83, and
Ordering _the Publ ication of Said Summary of High Trail Estates 2nd
Addition_ 21 lots at 6451 Duck Lake Road. Continued from 9/6/83) -
Tormer-'ry VIII . A.
r
0. Final Plat approval for High Trail Estates 2nd Addition (Resolution No.
83-212 Continued form 9/6/83)- formerly VIII . B.
I
P. 2nd Reading of Ordinance No. 41-83, Zoning from Rural to R1-9.5 for Timber q
Creek b. B-T Land, Approval of Developer s Agreement for Timber Creek,
and Adoption of Resolution No. 83-229, Approving Summary of Ordinance
No. 41-83, and Ordering Publication of Said Summary for Timber Creek.
158 lots at County Road 4 and Duck Lake Trail . - formerly VIII . C.
i
Q. Request from NSP for conversion of street lights to high pressure sodium
formerly VII . A. -- +_--
4
MOTION: Bentley moved, seconded by Anderson, to adopt items A - Q on the
Consent Calendar. P1otion carried unanimously.
PUBLIC_HEARINGS
A. ANDERSON LAKES PARKWAY FEASIBILITY REPORT, I .C, 52-932 (Resolution No.
$3-223T- Continued from July 19, 1983
City Manager Jullie noted this item was continued from the July 19, 1983,
meeting and said meetings had been held with property owners to discuss
specific points of concern.
Director of Public Works Dietz presented an update on the discussions
which had been held with property owners within the project area.
Dietz said the questions which had been addressed were as follows :
1) in regard to the alignment of the roadway through the Northrup King
property: an alignment has been tentatively selected. Changes will be
made, as necessary, during the final design process; 2) in regard to
traffic capacity and whether or not there would be enough lanes: the
consultant had reviewed this and found that the three-lane segment on
the eastern end should probably be increased to four-lanes. A two-
lane segment for the remainder to the west will be adequate for the
land uses in the Guide Plan; 3) in regard to the timing: the revised
assessment rolls will show a benefit to the Centex property (developer
has concurred. ) The assessment roll has been revised to reflect 50
acres of the Centex project to be benefited at $500/acre; 4) in
regard to the Norwest Bank property and the cost per acre to develop:
City Council Minutes -4- September 20, 1983
this has been discussed by Director of Planning Enger and Norwest Bank
representatives and appears to be resolved. It has been demonstrated
( that without the road the property would not be developable; 5) in
regard to the bridge: this issue was raised by City Staff as linking
the Staring Lake area to the purgatory Creek fioodplain area has long
been a goal of the City. It has been determined that a pipe for the
storm water would cost $20,000 and a pedestrian underpass $75 ,000. Of
the total $95,000, $20,000 would be assessed to the district via the
assessment rolls and the remainder would be paid by the City. A bridge
would cost approximately $180,000 ($20,000 assessed, balance to the City) ;
6) in regard to when the district would be assessed: the tentative time-
table is as follows: the project would be designed during the coming
winter months , bids would be opened in early to mid-summer, construction
would be completed during the summer of 1985, the project would be assessed
in the fall of 1985 with the 1st payment payable with the 1986 taxes. This
will allow property owners time to work on plans for their individual
properties.
Bentley asked about the source of funds for the City' s share of the
bridge. Dietz sa-;d he thought this might come from State Aid funds --
there will be further information on this forthcoming with the capital
` improvement program information. Penzel said the City must be concerned
about the aesthetic impact in this area as well as the economics relative
to the bridge issue. Redpath concurred. Anderson said he also felt
strongly about the impact of the bridge on the pedestrian users. Penzel .
suggested that both a bridge and culvert alternates be bid and the decision
be made when awarding the project.
Dave Sellegren, attorney with the Larkin, Hoffman, Daly, Lindgren, Ltd. f
firm, and representing Norwest Bank, Bloomington, said his client opposes
the project because it is not feasible as this area is currently planned
and zoned. In general terms the improvements are a good idea . He said
various alternates have been discussed with Staff and none of these will
work. He noted that the annual burden even over a 17 year assessment period
makes it totally unfeasible. Soil conditions are very bad. There are over
$100,000 worth of assessments all ready being levied against the property
the land cannot bear any more assessments.
Penzel asked how many acres the bank has. Director of Planning Enger said d
there are 38 acres which are zoned Rural ; of this 8 - 10 acres are without
significant soil correction and are buildable. Bentley asked how developable
the property is without the roadway. Enger indicated it was not developable.
The City feels there are many options open to this property. The perception i
of the problem is that the value of the land is less than what the bank has
into the land. Enger said although it is a tough problem, not building the
road is not a solution. He felt the issue had been resolved in discussions
with bank representatives from Sellegren's office.
t
Bentley asked what the $100,000 in unpaid assessments included. Dietz said
he thought that was for trunk sewer and water assessments .
Penzel asked if this property was not a part of a larger PUD, Enger said
it had been -- there is a conceptual availability for 380 residential i
units on the property.
City Council t"in�rtes -5- reP4--m rer 20, 1903
y
5
Dick Putnam, Tandem Corporation, w&s ;.resent representing Northrup
King. Also present was Ed Ressler of Northrup King. Putnam said they
( had reservations about the project wren it was first proposed. He indi-
cated he had met with the consultants regarding the project. He said
the problem is to now come up with a marketable set of land uses for
190 acres and he feels they can do all this within the time frame as
proposed. Putnam said Northrup King realizes it could build the portion
of the road within its property cheaper than what is proposed by the
City, but it realizes the remainder of the road would probably not be
built if that were to happen.
Dietz noted that the actual costs for the project would be somewhat
higher since the feasibility report presumed that the City would finance
the construction costs for only one year. Since the construction will
begin in 1984 and not be assessed until fall of 1985, the interim finan-
cing will be slightly higher. Waiting until summer of 1984 to begin. the
work will minimize the interim financing costs as much as possible.
Bentley said he anticipates guide plan amendments will be requested by
adjacent property owners . He said he felt the City Council should not be
inflexible when that time comes .
Anderson asked if Putnam' s statement about Northrup King' s ability to
build the road cheaper was true. Dietz said it was because the poor soil
conditions , for the most part, do not lie within the Northrup ring area .
The City charges 9% for administrative ,and legal fees . The City does,
however, provide financing over a 17 years period which is not available
if done independently. More time is spent by the City on engineering also.
The City also has to pay for interim financing which this year was 10%1 .
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 83-223, ordering improvements and preparation
of plans and specifications for I .C. 52-035, Notion carried unanimously.
REQUEST FROM SCOTT AND STEPHANIE FELDMANN for Council review of Board
of Appeals & _Adjustments- decision on Variance _No__, 83-23 Continued from
September 6 , 198 _T �— _ _r
City Manager Jullie indicated an agreement had been reached on the
terms of the administrative land division which would eliminate the
need for a variance, No further problems are anticipated.
City Attorney Pauly suggested the Council close the Public Hearing
and table the matter until the City is sure the matter is resolved.
MOTION: Redpath moved, seconded by Bentley , to close the Public Hearing
and to table the matter. Motion carried unanimously,
MOTION: Bentley moved, seconded by Redpath, to direct Staff to develop
ar amendment to the City Code which would eliminate the present driveway
setback requirement and substitute the following: "The edge of a driveway
in the single family residential district shall not be closer than 3 feet
to a side lot line and shall not cross the extension of a property line to
the curb line. " Motion carried unanimously.
City Council Minutes -6- September 20, 1983
C. PRESERVE MANOR HOMES by ua7 ty_ Homes. Request for Comprehensive Guide
Phan Amendment from Church to Medium Density Residential , Planned Unit
Development Amendment and District Review, Zoning District Change from
Rural to RM 2.5, and Preliminary Plat for four 8-plex condominium buildings.
32 units, on 4.0 acres. Location: northeast quadrant of Center Way and
Anderson Lakes Parkway. (Resolution No. 83-225 - Guide Plan Amendment;
Resolution No. 83-226 - PUD Amendment; Ordinance No. 44-83 - Zoning; and
Resolution No. 83-227 - Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing had been publ ^ed
and property owners within the project vicinity had been notified.
Randy Weestrand, Quality Homes , and Miles Lindberg , BRW, were present
and addressed the proposal . Ken Weestrand, President and Chairman of
the Board of Quality Homes was also present.
Director of Planning Enger said this request had been reviewed by the
Planning Commission at its August 29, 1983, meeting at which time it voted
to recommend approval subject to the recommendations included in the August
26, 1983, Staff Report. Enger said he had received a call from Bob Dunbar,
Preserve Homeowner' s Association, stating the Association was not in favor
of the southerly access to the development. An easement to cross the
pathway which is owned by the Homeowner's Association would have to be
granted so this might be a moot point.
This request was not reviewed by the Parks, Recreation $ Natural Resources
Commission.
i
- Bentley inquired as to-the selling prices and what type of siding would
be used on the exterior. Weestrand said a two-bedroom unit with one bath .
and about 950 square feet would sell for $65,000 - $67,000; the largest
unit, three bedrooms with 1 3/4 baths would sell for $79,000 - $81 ,000.
The siding will be aluminum with a 30-year guarantee on the paint.
Anderson asked about the shutters. Weestrand said they are now looking
into putting shutters on the rear of the building as well as the front.
Penzel raised concerns about the problems which might be encountered in
winter time with the grade at the Center Way access. Enger said this is
an argument for connecting the road through on the south. Bentley noted
the second entrance would pose a double problem -- not only a visibility
problem, but also a problem with pedestrian traffic on the pathway.
Neil Haggard, 11160 Anderson Lakes Parkway, asked what the distance would
be between the Prairie Lake condominiums and the proposed development.
Enger said about 80' . Haggard asked what the height of the roof line
would be on the northeastern-most unit, Lindberg said it would be 24' .
Haggard then asked how this would relate to the condominiums to the east.
Lindberg said this would be about to the middle of the third floor of
those condominiums. Haggard inquired as to whether or not the berm
separating the two developments would be raised. Enger indicated plans
show the berm to be lowered by 2' and will be about 2' higher than what
C is now there (the berm was scheduled to be 4' higher than existing berm. )
I
City Council 'Minutes -7- September Z0, 1983
Haggard asked if the drainage problems which exist will be worsened
once the berm, is raised. He noted there is now a slough on the west
side of the Prairie Lakes Condominium complex.
Kathleen Krueger, 11160 Anderson Lakes Parkway, expressed concern about
the trees being removed on the west side of the building. She also ex-
pressed concern about the density on the lot; she felt there was a
"squeezed in" look. Enger said there would be a density of 13 units
per acre.
John A. Peterson, 11160 Anderson Lakes Parkway, noted that the indivi-
duals who live on the 2nd and 3rd floors of 11160 will lose some sunlight.
He said their solar easements are going to be infringed upon and this
should be taken into consideration. Penzel asked the City Attorney about
unwritten easements. City Attorney Pauly said he did not think there
was any established rule in the law which would give rule to this type of
easement and the rights of the adjoining landowner. Penzel suggested
perhaps the grades could be adjusted. t
Doris McKinnis , 11160 Anderson Lakes Parkway, indicated there is a run-
off problem due to the slough on the west side of the property. She
said she would like to ask the City Council to not adopt the resolution
and to table the issue instead. She said she questioned the amount of
study which had been done for this site and would like to see a church
here and felt one could be supported. If the Council should decide this
will not be a church site, then she requested the Council. to consider
fewer units on the site. McKi nni s also indicated the church site was
meant to break-up the multiple uses which front on Anderson Lakes Park-
way. Redpath said he felt the cost of the property was too high to
warrant its use for a church site. Bentley said The Preserve has done
nothing to market this property as a church site. Weestrand said he
was purchasing the property from the Missouri Synod Lutheran Church
for the book value plus carrying costs.
Krueger said because Prairie Lutheran Church cannot support a church on
this site does not mean a church should not be built here.
Haggard said the Prairie Lakes Condominium and this site are "berm rich."
Dietz said the berms will help to divert water and can be used effectively.
Enger concurred.
Anderson said he wished some background regarding this site . Penzel
said that plans should be flexible. Bentley said it is not a question
of densities in this area; the problem that has occured and continues
to occur is that the amenities which were promised to the homeowners
of The Preserve and which reflect the plans presented to the City have
been altered. The church site does provide a break in the high density
development. He felt there was a legitimate argument against the guide
plan change for this parcel .
1
City Council Minutes -8- September 20, 1983
Jim Van Horn, 8940 Neill Lake Road, said he felt the proposal was a good
one but in the wrong place. He would like to see a church in this location.
Bentley said he felt a site had to be looked at on its own merits. He
said he was uncomfortable with changing the use on this site; this site
was marketed as a significant amenity in The Preserve area. Anderson
said he was concerned about the rights of the land owners vs. the rights
of the property owners; he also felt this was a substantial amenity to
the homeowners in The Preserve. Anderson said he would like to see the
church attempt to market this to another church and he wondered if this
had been done. Penzel asked the City Attorney about the Council 's obli-
gation to restrict a property owner to sell to a certain type of use.
City Attorney Pauly said he did not think there was any restriction a
City could impose on an owner of property regarding to whom that property
could be sold. The Council does have the right to amend the guide plan.
Redpath noted The Preserve will only be developed to about one half its
proposed density. This was to have been the multiple area of The Preserve
and that should be consider•ec. Tangen said since the density of The
Preserve is less perhaps some of the proposed amenities might be lost.
He said he could not support the objection that this should be kept as
a church site and as a result would support the request..
Penzel said he would suggest the Public Hearing be continued for 30 days
and that the proponents get together with some of the most immediate
neighbors to work out problems which will benefit all . . Bentley said
he hoped that some of the questions could then be answered.
MOTION: Bentley moved, seconded by Anderson, to continue the Public
Hearing to the meeting of the City Council to be held on October 4, 1983.
Tangen said he felt the developer should be given the option of whether
or not this was a viable alternative, Ken Weestrand said he had hoped
for a decision this evening. Penzel said the decision may be against
the request and in that event the same proposal could not come before
the Council for a year. Weestrand said the project was contingent on
receiving the approval of the City Council .
Tangen said the Council should clarify what the issues are which need
to be resolved -- aesthetics, berms , land usage, etc. Penzel said once
the issues are resolved the land use issue may be mitigated. Tangen
asked who would have the confrontation. Penzel indicated the developer
might meet with the neighbors to resolve the plan and make the necessary
modifications at that time. Tangen suggested a member of the Planning
Staff be at that meeting.
VOTE ON THE MOTION: Motion carried unanimously.
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City Council Minutes -9- September 20, 1983
D. MONTESSORI SCHOOL byR_yan _Develo ment/Hustad Development. Request for
Zoning f om Regional Commercial to Regional Commercial Service and
Preliminary Plat of 0.75 acre for day care facility. Location: County
Road 60 and Market Place Drive. (Ordinance No. 45-83 - zoning and
Resolution No. 83-228 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been {
published and notices had been mailed to property owners within the
project vicinity.
Bob Ryan, Ryan Development, addressed the proposal .
Director of Planning Enger said this item had been reviewed by the
Planning Commission at its meeting on August 22, 1983, at which time
it voted to recommend approval subject to the recommendations included
in the August 19, 1983, Planning Staff Report.
Penzel asked where the children would come from. Ryan said this is a
new idea -- to locate this type of day care facility near places of work
rather than in a neighborhood.
Bentley said he would like to see a provision that this use be limited to
only that of a day care facility. He indicated he had heard of a day
care center which was also used as a tanning salon. City Attorney Pauly
said a restrictive covenant would be the vehicle for restricting the use.
Tangen said he would not like the wording to be too restrictive.
There were no comments from the audience.
MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing
and to give 1st Reading to Ordinance No. 45-83. Motion carried unanimously.
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No.
83-228, approving the preliminary plat of Montessori School for Ryan
Construction. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson , to direct Staff to
prepare a Summary Resolution with the recommendations included in the
Staff Report and to prepare the appropriate restrictions regarding the
use of the facility prior to the 2nd Reading of the Ordinance. Motion
carried unanimously.
E. 1983 SPECIAL ASSESSMENT HEARING (Resolution No. 83-208)
City Manager Jullie stated notice of this Public Hearing was published
and affected property owners were notified. He said once the City Council
approves the assessment rate, the property owner has until November 15th
to pay the assessment with no interest. A property owner has the right
of appeal -- this must be filed via a written objection at the time of
the hearing and within 2D days after the adoption of the assessment
anyone may appeal an assessment to the District Court' pursuant to the
( Minnesota Statutes by serving notice of appeal on the City Clerk.
4
City Council I'linutes -10- September 20, 1983
He also noted that senior citizens or those who are disabled may
qualify for a deferment of special assessments .
Stu Fox, City Forester, was present to answer questions. Jullie noted
Engineering Staff was also available to answer questions.
City Attorney Pauly said notice of appeal could be filed within 30
days, not 20 days, following approval of the assessment by the Council .
Gary Phleger, attorney, noted that all the notices sent out indicated
the 20-day appeal period. Pauly said he was not prepared to indicate
the City' s options , but felt that the Hearing could go on this evening.
It was determined to go ahead with the hearing this evening and
to hear those who were present; the hearing will then be continued
to the October 4, 1983 , meeting and new notices will be sent out.
1. I .C. 51-308A, 51-340A & 51-398 I
A letter regarding this had been received from Menard' s.
a
2. I .C. 51-308C & 51-340A & 51-308B
No questions were asked.
3. I .C. 51-326
No questions were asked.
4. I .C. 51-335
Christine Druker, representing Gerald O'Brien, 9975 Valley View
Road, said they had no objection to the total assessment but in
the method in which this was divided among the property owners.
She indicated a disproportionate basis was being placed on O' Brien.
Penzel said she should get together with Director of Public Works
Dietz prior to the October 4th meeting of the City Council .
A letter from Gerald V. O'Brien was filed.
A letter from Donald J. Sorensen on behalf of Gerald A. and Barbara
A. Portnoy was made a part of the record.
Sorensen requested on the part of those who will be testifying
that the notices regarding the continued hearing be sent out as soon
as possible so that witnesses might be available on the date selected.
5. I .C. 52-005
Calvin Anderson, 7214 Topview, said he does not object to the
assessment but does not approve of the quality of workmanship for
the job which was done. He asked that the assessments be delayed
until the project is fixed.
Director of Public Works Dietz said this will be done in the very
near future. The question of liability was discussed and will be
looked into.
City Council Minutes -11- September 20, 1983
6. I . C. 52-010
There were no questions .
7. I .C. 52-015
Gary Phleaer, attorney for John Busse, said Bury Carlson was the
benefited property as well as Franklin Bank. He questioned the
manner in which the storm sewer was assessed -- on a linear foot
basis while the lateral storm and water were assessed by the acre. a.
8. I .C. 52-025
There were no questions.
9. I . C. 52-030
Dr. John Allenberg said he was planning to develop Lhis property;
when he bought the property he was not planning on these additional
costs . It was suggested he check with Staff of the Engineering
Department as to the questions pertaining to his assessment.
10. I . C. 52-032
There were no questions .
11. I .C. 52-037
There were no questions .
12. I .C. 52-039
The concensus was to spread the assessments for the biketrail on
the three lots which are still unsold which would, in effect, place
the assessment on the petitioner,
13. I .G. 52-042
There were no questions.
14. Supplementals
Paul Enblom, 1061.0 Valley View Road , spoke in behalf of his mother-
in-law regarding her trunk sewer and water assessment. It was
determined an adjustment will be made in the assessment for water.
A letter from Donald J. Sorensen on behalf of Gerald A. and Barbara
A. Portnoy was made a part of the record.
City Council Minutes -12- Ser,- cember 20, 1983
MOTION: Redpath moved, seconded by Bentley, to continue the Public
Nearing to Tuesday, October 4, 1983, at 7: 30 p.m. and to instruct
Staff to address appeals received and to report back to the Council
at that time. The meeting will be held in the Council Chambers at
8950 Eden Prairie Road, Eden Prairie, Minnesota. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Redpath, to continue the Council Meeting beyond
the 11: 30 p.m. time limit. Motion carried unanimously.
F. CABLE T.V. RATE CHANGE (Resolution No. 83-231 - accepting Findings of
Southwest Suburban Cable Commission and Ordinance No. 46-83 - rate changes )
City Manager Jullie stated notice of this hearing was published.
Peter Lillie, 17120 Cedar Crest Drive, stated his unhappiness with the
cable company and the fact that residents in the area in which he lives
had been promised service this year and see no indication where that is
going to happen in the near future. Gary Mizga , Minnesota Cablesystems
Southwest, said Lillie lives in an area which had not been in the original
service area. The cable company has run into various problems which have
created setbacks in its scheduled cable installation to this area.
MOTION: Redpath moved, seconded by Tangen, to suggest City Manager Jullie
contact Ralph Campbell , to see that this matter is resolved as expediently
as possible. Motion carried unanimously.
Redpath noted he and City Manager Jullie are members of the Southwest
Cable Commission and had, in that capacity, thoroughly reviewed the
proposed Resolution and Ordinance regarding the cable tv rate change.
City Attorney Pauly noted the following exhibits which were made a part
of the record: Affidavit of Published Notice of Hearing; Affidavit
of Minnesota Cablesystems as to publication of Hearing on cable channels;
Abstract of Southwest Suburban Cable Commission hearing on August 17 , 1983;
Resolution of August 24, 1983, and Findings of Facts and Recommendations
including: 1 ) memorandum - Campbell to Commission, dated August 11, 1983,
re: Rate Increase Ordinance Criteria Report, 2) memorandum - Campbell to
Commission, dated August 11 , 1983, re: Financial Analysis of Rate Increase
Proposal ; 3) Southwest Suburban Cable Commission Report on Technical Evalu-
ation Minnesota Cablesystems-Southwest - Cooper Associates , Inc. , dated !
June 8, 1983; 4) Analysis of the Pending Rate Increase Proposal of Minne-
sota Cablesystems-Southwest prepared by CTIC Associates, dated August 9,
1983; Minnesota Cablesystems Schedule of delivery of Minnesota Cablesystems-
Southwest' s Rate Adjustment Proposal; Minnesota Cablesystems-Southwest' s
reponse to SWSCC' s chart entitled "Areas of Noncompliance with Ordinance
and Offering" ; Minnesota Cablesystems-Southwest' s Rate Adjustment Proposal ,
dated June 24, 1983 , with errata letter dated July 18, 1983.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to adopt Resolution No. 83-231 , accepting the findings of Southwest
Suburban Cable Commission. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to give Ist Reading to
Ordinance No. 46-83. Motion carried unanimously.
City Council Minutes -13- September 20, 1983
V. PAYMENT OF CLAIMS NOS. 9650 - 9860
MOTION: Bentley moved, seconded by Tangen, to approve the Payment of
Claims Nos . 9650 - 9860. Roll call vote: Anderson, Bentley, Redpath,
Tangen and Penzel voted "aye." Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
I
A. Request from NSP for conversion of street lights to high pressure sodium
Moved to Consent Calendar as item III . Q.
VIII . ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 35-83, Zoning from Rural to R1-13.5 for High
Trail Estates 2nd Addition for Countryside Investments, Inc. , Approval
of Deve oiler s Agreement for High Trail Estates 2nd Addition , and Ado tion
of Resolution No.83-207, Approving Summary of Ordinance No. 35-83, and
Orderi ng t Pu i cation of Said SummaU of Hi' -Trail Estates T6d
Addition. 21 lots at 6451 Duck Lake Road. Continued from 9/6/83)
Moved to Consent Calendar as item III . N,
B. Final P;at approval for High Trail Estates 2nd Addition (Resolution No.
83-212
Moved to Consent Calendar as item III . 0.
C. 2nd Reading of Ordinance No. 41-83, Zoning from Rural to R1-9.5 for Timber
Creek by B-T Land, Approval of Developer's Agreement for Timber Creek,
and Adoption of Resolution No. 83-229, Approving Summary of Ordinance
No. 41-83, and Ordering Publication for Timber Tree .
158 lots at County Road 4 and Duck Lake Trail .
Moved to Consent Calendar as item III. P.
IX. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Reports of Council Members
Redpath reported on the Red Cross Oasis program for battered women.
Penzel noted an article in the recent Minnesota Cities magazine in which
%t was reported that the Dayton Planning Commission members are required
to take a six-hour course in land use planning. Staff was instructed to
look into this and to report back with the specifics.
City Council Minutes -14- September 20, 1983
B. Report of Ci V ana4er
1 . BFI ' s request regarding the Landfill
City Manager Jullie said Staff from the landfill had discussed
with him the possibility of filling in their stage 2 area.
The concensus was that more information was required and no
decision would be made without a formal written/graphic proposal
as to what was to be done. At the same time a proposal should be
submitted regarding their intent to put in a park in the Homeward
Hills area.
Bentley said the Council should make it known that as long as there
are other proposals under consideration for an additional landfill
in the City, the Council should not approve further expansion of the
present landfill . He indicated he will not vote in favor of an
expansion until the conditions change. Redpath concurred.
i
Jullie noted he has been attending meetings at the Metropolitan Council
relative to the landfill site situation.
2. Staffing for the Planning Department s
City Manager Jullie outlined the need for an additional full -time
clerical person in the Planning Department.
MOTION: Anderson moved, seconded by Bentley, to approve the addition
of a full-time clerical person for the Planning Department. Motion
carried unanimously.
C. Report of City Attorney
There was no report.
D. Report of Director of Public Works
1. Change Order #2, Lavonne Industrial Park
City Attorney Pauly indicated a 100% petition had been filed but
that does not preclude the owner from appealing. Director of Public
Works noted an assessment agreement had not been reached.
MOTION: Redpath moved, seconded by Anderson, to approve Change Order
#2 for Lavonne Industrial Park. Motion carried unanimously.
2. Rainbow Drive Utilities
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution
No. 83-232, receiving 100% petition, ordering improvements and preparation
of plans and specifications for public improvements, I . C. 52-054.
Motion carried unanimously.
City Council Minutes -15- September 20, 1983
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution
No. 83-233, approving plans and specifications and ordering advertise
ment for bids. Motion carried unanimously.
X. NEW BUSINESS
There was none.
XI . ADJOURNMENT
MOTION: Anderson moved, seconded by Tangen, to adjourn the meeting at 12:18 a.m.
Motion carried unanimously.
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