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City Council - 11/04/1986 r. APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 4, 1986 8 :00 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock and Paul Red path CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D . Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE d ROLL CALL: Councilmember Bentley was absent . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: Item IX . A . Vacant on Human Rights do Services Commission; Item . 1 . Pidcock - Offer o? B"uil�Ic n or PROP; Item X . B. 1 . Cable TV Lineup Changes ; Item X . B . 2 . Re rt from Bond RP erendum Committee ; Item X . B . 3 . Williams Pipe Line ; Item X . B. MNDOT Land on HI—ghway 5 . MOTION: Pidcock moved , seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A . Special City Council Meeting; held Thursday, September 18, 1986 The Following changes were made to the Minutes: page 1 , ROLL CALL -- change "Councilmember Pidcock .was absent . " to "Councilmember Pidcock was absent because of a Trans- portation Commission meeting. " : page 2 , paragraph 2, sen- tence 2 -- change "two" to "two geese" and "one" to "one goose" . a MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Thurs- day, September 18, 1986 , as amended and published. Motion carried with Pidcock abstaining. an ;a City Council Minutes -2- November 4, 1986 B . Special City Council Meeting held Tuesday, September_ 23, 11986 MOTION: Pideock moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Tues- day, September 23 , 1986 , as published . Motion carried unanimously . C . Regular City Council Meeting held Tuesday, October 7, 1986 MOTION: Pidcock moved, seconded by Redpath , to approve the Minutes of the regular City Council Meeting held Tuesday, October 7, 1986 , as published . Motion carried unanimously. III . CONSENT CALENDAR A . Clerk's License List B . Set Joint City Council School Board Meeting for Tuesday, : 00 PM, November 25, 1986 , at the School Administration Boardroom y f 4 C . PRAIRIE LUTHERAN CHURCH by Adkins Association. 2nd Reading of Ordinance Into. 46-86, Zoning District Change from R1-22 to Public on 10 .97 acres ; Approval. of Developer' s Agree- ment for Prairie Lutheran Church; and Adoption of Resolution No . 86-253 , Authorizing Summary of Ordinance No . 46-96 and Ordering Publication of Said Summary. 10 .97 acres into one lot for construction of a church . Location: South of Pioneer Trail , north of Blossom Road, and east of Bennett Place (Ordinance No . 46-86 - Rezoning; Resolution No . 86-253 - Authorizing Summary and Publication) D . WESTON BAY by the Pemtom Company. 2nd Reading of Ordinance "vu . �l -CSC),71' Zoiiiil� Disti• c �; l:hange from xlrs-6 . j co R1-13 •a.• Approval of Developer 's Agreement for Weston Bay; and Adop- tion of Resolution No . 86-274, Authorizing Summary of Ordi- nance No . 51 -86 , and Ordering Publication of Said Summary. 13 .5 acres into 24 single family lots and one outlot . Loca- tion: South and east of Mitchell Lake , west of Timber Lakes Drive (Ordinance No . 51-86 - Rezoning; Resolution No . 86- 274 - Authorizing Summary and Publication) E . MWCC Permit A' lication for Riverview Drive Sanitary Sewer, I .C . - 0 Resolution No . - ? F. Easement agreement for temporary construction of Dell Road at Townline Road (througna corner of proposed Tom ThumU parking lot { k City Council Minutes -3- November 4-, 1986 Ar G. Final Plat approval of Weston Bay south end of Timber Lakes Drive , west side Resolution No . -27 H . Final Plat approval of American Lutheran Church Addition north of CSAH I and west of Bennett Place Resolution No . 86-263 I . Final Plat apl2roval of Wilson Ridge Learning Center north- east of Prairie Center Drive and Valley View Road Resolu- tion No . - 7 Concerning Item D, Weston Bay, Pidcock said she would like anyone who purchased the lot that is within the Shoreline Management limits to be notified that it is within those limits . Enger said that would be difficult as there is no way of knowing who buys the lot . He said they would try to work out some accommodation, possibly as part of the Developer ' s Agreement . P Peterson noted that changes should be made to Item H; "north" should be "south" and "west" should be "east" . MOTION: Anderson moved, seconded by Pidcock, to approve Items A-C ; Item D with the stipulation regarding notifica- tion to the purchaser of the lot within the Shoreline Manage- ment limits ; Items E-G; Item H with the changed description, "south of CSAH 1 and east of Bennett Place" ; and Item I . Motion carried unanimously . IV . PUBLIC HEARINGS A . SHADY OAK RIDGE 2ND ADDITION by Joseph Ruzic . Request for Zoning District Change . rom Rural to R1 -13 .5 on 5.4 acres and Preliminary Plat of 7.6 acres into I1 single family lots and one outlot with variances to be reviewed by the Board of AinnPa_t s & Ad just:mPrits . Locrtione West of Old Shady Oak Road . north of Rowland Road (Ordinance No . 54-86 Rezoning; Resolution No . 86-271 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ron Kruegert representing proponent , addressed the proposal . Planning Director Enger said this item was first reviewed by the Planning Commission at the September 22nd meeting. He said it was continued to the October 26th meeting, at which time they recommended approval of the Zoning District Change and Preliminary Plat on a 5-0 vote , subject to the recommendations of the Staff Reports of September 19th and October 3rd . 10, City Council Minutes -4- November 4, 1986 IL Enger said the recommendations of the September 19th Staff Report included the construction of a five-foot wide con- crete sidewalk on one side of Shady Oak Ridge Road , modifi- cation of the grading plan to reflect a more gradual grading transition of the property to the north and west , submis- sion of a revised utility plan reflecting a catch basin system within Shady Oak Ridge Road to capture storm water run-off, and submission of a landscape plan reflecting the proposed tree replacement . He said the recommendations in the October 3rd Staff Report were concerned with tree re- placement and that proponent has now submitted a plan that meets the requirements for tree replacement . Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item at its October 2Oth meeting and recommended approval, subject to the recommendations of the Planning Commission and Staff . Peterson asked about the impact of the sewer connection on the area yet to be developed called The Garden. Director of Public Works Dietz replied that there is some delay occurring in that development, which is now called Luknic 5th Addition, because of a lack of sanitary sewer through the Ruzic property. Redpath asked how much land was left in the out lot . Krueger said there was a little over two acres . Redpath then expressed concern about the extra. equipment Laying around the property . Krueger said Mr. Ruzic had been working with Steve Durham of the City staff and that this issue had been resolved. Fiucock atiaiu %ii.iri was one of her concerns also , having just been through a lawsuit on a similar type of problem. She said she would like to have moi^e definite assurances that these things had been taken care of. She said she thought the 2.2 acres for the homestead was very close to the other parts of the development and that there should be some firm plans in place before approval is given. Enger responded that the 2 .2 acre remnant would require action by the Board of Appeals to mare it a legal sized lot because , according to City ordinances , a variance must be granted for anything less than ten acres . He said outside storage of any equipment over 3/4 ton is not allowed within the district . He said he had not visited the site today to check what equipment was left . An J a; City Council Minutes -5- November 4, 1986 Enger said that if the Board of Appeals decision is nega- tive , Staff would return at the time of 2nd Reading with the statement that it is an illegal lot . He said that if the Board of Appeals approves the variance , one of the things they may consider is further restrictions on the use of the lot as to outside storage . Peterson noted that we might be satisfied then that this would be resolved by the Board of Appeals . Redpath said he thought we should have some restrictions on that outlot and that the Council should do nothing until that corner is cleaned up. Pidc o_k said she concurred with Mr. Redpath as it could save the City money to have it cleared up be- fore , rather than risk a lawsuit later. Anderson said he could go either way as long as it was cleared up before the 2nd Reading and final approval is given. Pidc ock said she thought it would be more prudent to wait until it is resolved as things might have a way of slipping through the cracks . Anderson asked Enger if he thought it could be cleared up with no loose ends before 2nd Reading. Enger said he thought the opportunity was there to clear up the matter . City Attorney Pauly noted that the planning statute says y that a Preliminary Plat can be approved subject to the ful- fillment of certain conditions, and if those conditions are not fulfilled, then there is no requirement that the Final Plat be approved . Joe Ruzic , proponent, said that he had conformed with an order to remove equipment within ten days . He said the cat and some tractors are there but that equipment is involved Y in the construction on the hill . He said he didn't know what the concerns were since the lot had been cleaned up. John Severson, 11893 Dunhill Road, said he thought if Mr. Ruzic wants the project to be developed, then he should dress up the property to conform with residential . John Luknic , developer of Luknic 5th Addition, said he wanted to cooperate with Mr. Ruzic on this development and that the two of them had reached an agreement on how to get the sewer through Ruzic 's property to his own prop- erty. He said his concern is that he can proceed with his own development . MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to approve 1st Reading of Ordinance No . 54-86, Zoning District Change from Rural to R1-13 .5 on 5 .4 acres . Motion carried unanimously. i i City Council Minutes -6- November 4, 1986 Pauly suggested that the Preliminary Plat be approved on condition that the Board of Appeals grant a variance with respect to the size of the remnant lot and with appropriate conditions relating to cleanup of equipment storage . MOTION: Redpath moved, seconded by Anderson, to adopt Reso- lution No . 86-271 , approving the Preliminary Plat of Shady Oak Ridge 2nd Addition for Joseph Ruzic , with variance on the size of the remnant lot subject to review by the Board of Appeals and with the condition that equipment storage on the remnant lot be cleaned up and maintained to conform to the City ordinances regarding outside storage of equip- menu . Pidcock asked Pauly if there can be a home business on a rural lot . Pauly said there could be one, with constraints as to what can be done . Pidcock said she was concerned about what happens after this is approved should the equipment be brought back in. Pauly said he understood home occupation does not permit outside storage . VOTE. ON THE .MOTION: Motion carried unanimously. MOTION: Redpath moved , seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations . Motion carried unanimously. B . SUPERAMERICA by SuperAmerica Stations, Inc . Request for Comprehensive Guide Plan Change from Fire Station to Neigh- borhood Commercial on 1 .06 acres , Zoning District Change from Rural to Highway Commercial on 0 .38 acres and Zoning District Amendment within the Highway Commercial District on 0 .68 acres , with Preliminary Plat of 1 .06 acres into one iot and one outlot . Location: East of Highway #169, north of County Road No . 1 , west of Pioneer Trail (Resolution No . 86-272 - Comprehensive Guide Plan Amendment; Ordinance No . 55-86 - Rezoning; Resolution No. 86-2?3 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Daniel Tyson, representing proponent, addressed the proposal . Planning Director Enger said the Planning Commission reviewed this item at the October 26th meeting and, on a 5-0 vote , recommended approval of the Comprehensive Guide Plan Amend- ment from Fire Station to Neighborhood Commercial, Zoning k City Council Minutes -7- November 4, 1986 District Change from Rural to Highway Commercial and Pre- liminary Plat of 1 .06 acres into one lot and one outlot , subject to the recommendations of the Staff Report dated October 3 . 1986 . Enger said the recommendations of the Staff Report of Octo- ber 3rd included modification of the landscape and grading plans to provide maximum term heights, additional conifer and shade tree plantings and the continutation of the exist- ing eight-foot wide bituminous trail through the site . He said they have not yet received the modified landscape plan but have been assured it is forthcoming. Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission reviewed this proposal on October 20th and recommended approval per recom- mendations of Planning Commission and Staff and subject to the developer constructing the extension of the eight-foot wide bituminous trail . Peterson asked if the illustration of the project suggests that there will be additional greenspace between the project and the adjacent Associated Well building. Tyson said there will be greenspace in conformance with the landscape plan ,., and that the existing asphalt will be replaced . Peterson noted that corner has become very popular as a place to display used cars . Tyson said they have contacted Associated Well Drillers and they are concerned about this problem too . He said the people at Associated Well ask the car owners to move the cars when they see them. Peterson asked if SuperAmerica has a policy that would prohibit such parking. Tyson said they have such a policy. Anderson said he was concerned about the landscaping and said he thought there should be more greenery and shrubs . Enger said that Staff has not yet received a plan that con- forms to the recommendations of the Planning Commission. He said the revised plan should be done to the same standards as the station on Hwys . 4 and 5 . Anderson said he would dike to see more plantings than are on the board now. Tyson said they are working on the revised plan but were delayed because of a miscommunication on the location and types of plantings required . Anderson said if he votes to approve the plan he would like to see it first . Tyson said it could be submitted before the 2nd Reading. Pidcock asked about the berm. Enger said it is part of the landscape plan. Pidcock said she would like to see this City Council Minutes -8- November 4, 1986 item continued . Peterson said he thought proponent had demonstrated a respect for our conditions and that he would prefer to move along with the Public Hearing with the lever- age of 2nd Reading approval . Tyson noted that they have been working diligently with the Planning Staff since July, but it is a very small space to work with . He said it is their intention to dress up the site as much as possible . Pidcock said she did not like to see the Council approve this when we don' t have any definitive plans, particularly since it is such a visible corner. Enger noted that the standard procedure for a landscaping plan is that it be submitted before a building permit is issued and that a bond be posted for 1-1/2 times the value of the landscaping. He said the City has been asking for the landscape plans earlier in the review process, but it io not uncommon that the final plans are not available at this point . Eugene Petersen, 7443 Hames Way, said he is in favor of the station but would like to clarify what the reference was to a fire station . Mayor Peterson replied that this prop- erty was originally guided as a possible site for a fire station, but that last year's referendum approved a fire station at Homeward Hills and Sunnybrook Road as a better location for a station in this area. Eugene Petersen then asked about the location of the sewer and water in the layout for the station. Tyson said the plan would require the development of the sewer and water from the existing Suburban Wood Products site through the street or through private easement to the site with eventual continuation of the water across the highway. He said proponent would pay the cost for the improvements . Mayor Peterson asked if Mr. Petersen was implying that there would be an early request for an extension of the water across the highway, because it would pay to stub out the services at this point if that were true . Petersen said his past request had been denied due to lack of interest from other landowners . Director of Public Works Dietz said that a Feasibility Study to extend the sewer and water had been proposed but it failed . Dietz said it would be possible to put some stubs on at City cost and recover the costs later. Peterson asked if that wouldn't be to the advantage of all parties . Dietz said that depends on where it would end up City Council Minutes -9- November 4, 1986 going; the water is already in and it would depend on where the sanitary sewer goes . Anderson asked if the station would be open 24 hours a day. Tyson said it would . MOTION: Redpath moved, seconded by Pidcock , to close the Public Hearing and to adopt Resolution No . 86-272 , amending the Comprehensive Municipal Plan. Motion carried unanimous- ly. MOTION: Redpath moved, seconded by Pidcock , to approve 1st Reading of Ordinance No . 55-86 for Rezoning. Motion carried unanimously. MOTION: Redpath moved , seconded by Pidcock to adopt Reso- lution No. 86-273 . approving the Preliminary Plat of Super- America for SuperAmerica Stations, Inc . , with the stipula- tion that the revised landscape plan be submitted and approved prior to Final Plat . Motion carried unanimously . MOTION: Redpath moved , seconded by Pidcock, to direct Staff to prepare a Developer ' s Agreement incorporating Commission and Staff recommendations . Motion carried unani- mously . > C . TECHNOLOGY PARK ZTH by Technology Park Associates . Request for Zoning District Amendment within the Office District on 3 .74 acres for construction of 27,700 square foot office building. Location: East of future Golden Triangle Drive , north of Nine Mile Creek (Ordinance No . 56-86 - Amending Ordinance No. 36-85 within the Office District ) wnm . nwr - n• A V%Tr VMAV%a+1r% to r.^"t 1V1V11V1V: i iuCvCsi uc.a3 , seconded ..,, ....,.r. .roue this Public Hearing to November 18, 1986 . Motion carried } unanimously . t V . PAYMENT OF CLAIMS NOS . 3064 - 30882 } Anderson asked about Item 30807 to L. Lehman & Assoc . amity Manager Jullie said they are consultants who are reviewing the E. I .S. and Remedial Action study and advising us on how to best protect the City 's concerns in the Flying Cloud landfill issue . Pidcock asked if there had been any development on the liquor store shortage . Jullie said he would try to get a report on whether any further research had been done on it . 8 a City Council Minutes -10- November 4, 1986 Anderson asked about Item 30775 to GAB Business .Services for a liability claim . Jullie said he would have to get back to him on that . Pidcock asked if there was any further information on the item to Virginia Ledford for legal services that she had questioned in a previous meeting. Jullie said that item was court report- ing services for depositions with regard to the landfill issue . MOTION: Anderson moved , seconded by Redpath , to approve the Payment of Claims Nos . 30643 30882 . Roll call vote : Ander- son, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously . V I . ORDINANCE & RESOLUTIONS There were none . VII . PETITIONS, REQUESTS & COMMUNICATIONS A . Proposed NSP Transmission Line along Highway 5 (Continued from October 7, b City Manager Jullie said NSP is proposing to construct a ;,. major transmission line down the Highway 5 corridor. He said they are here to make a 15-minute presentation on the overall proposal with the intent to return at the next meeting with a more definitive proposal . Don Chmiel and Jerry Larson, representing NSP reviewed the proposal and presented slides depicting the proposed route and the structures that would be involved . Larson said the project starts at the Westgate substation on Martin Drive and extends west through Chanhassen to the Bluff Creek sub- station and then south through Chaska to the Scott County substation south of the Minnesota River. He said Eden Prairie/Chanhassen is the fastest growing area in terms of electrical demand in their five-state region, and this project would help fill both the short-term and long-term needs for the area. Larson said that questions are usually raised about putting lines underground and noted that would make the cost eight to ten times greater. Pidcock asked what safety factors would be activated if one of the towers came down. Larson said a large circuit-breaker mechanism would cause the line to go dead immediately . Pidcock asked if there were other alternatives to putting large poles along Highway 5 . Larson said they are proposing a City Council Minutes -11 - November 4. 1986 single-shaft structures that are better looking than the lattice towers . He distributed photographs of the proposed structures . Peterson asked if the public would be noticed about the November 18th meeting. City Manager Jullie said those people who attended the neighborhood meeting would be notified . Planning Director Enger said they had intended to develop a list of those people within a certain dis- tance from the Highway 5 corridor. Redpath said he had originally heard some discussion about the Hwy 212 corridor but it appears they have gone further west . Larson said the State will not give any indication of when, or even if, the highway will be developed so they had determined this was the best route . Peterson asked what percentage of the increased capacity for Eden Prairie necessitates this new line that also con- tinues on to serve other areas to the west and south . Larson said 90% of the growth in the Minnetonka region was in Eden Prairie/Chanhassen so that the expansion would be required even without further growth beyond Eden Prairie . Anderson asked if this project will cover some of the needs of the Shakopee area. Larson said it covers the needs of the entire southern corridor of the southwest suburbs . He said today Eden Prairie is dependent on the existing line down to Scott County for back-up supply. Pidcock noted that Hwy 5 is considered a parkway; therefore the scale should be in accordance with that rather than for a limited access freeway, Don Chmiel said they had notified approximately 547 property owners along the Hwy 5 stretch about the neighborhood meeting, and four people attended the meeting. Redpath asked if this project would preclude the necessity of another substation in Eden Prairie . Chmiel said they could not promise that, in case there was another growth spurt in Eden Prairie like the last one . Anderson asked Enger what portion of the Major Center Area is completed . Enger responded that it is less than 20% completed . Anderson then asked if another substation will be needed if we get to 80-90% completion . Chmiel said the distribution substation being built to accommodate the Shady Oak area should alleviate some of the problems in the Major Center Area . I City Council Minutes -12- November 4, 1986 Larson said they are planning to make provision on these structures to accommodate expansion in order to allow Bluff Creek to be expanded as a distribution substation . VIII . REPORTS OF ADVISORY COMMISSIONS A . Report of City Administrative Offices Committee Marty Jessen, representing the City Administrative Offices Committee, referred to the memo of November 4. 1986 , from the Executive Committee that contained recommendations on the composition of the foil Committee . He asked that the Council formalize the appointments . Pidcock noted her disappointment that there were only three women included among the nominees . MOTION: Anderson moved , seconded by Pidcock, to appoint those nominated by the Executive Committee to membership on the Residents Committee for City Administrative Offices, as put forth in the memorandum of November 4, 1986 . Motion carried unanimously . a Jessen said the Executive Committee is also asking that the ._ Council appropriate $6 ,000 for market research activities ?n order to determine the attitude of the community towards the City Hall issue . He said they are recommending that a contract be entered into with tk associates in the amount of $5 .000, with the remaining $1 .000 of the $6,000 appropri- ation available as a contingency fund . i In regard to the letter of October 14, 1986, from tk associ- ates. Peterson asked City Attorney Pauly if there would be a problem with giving the firm a list of those who voted on the previous referendum. Pauly said he did not think there was a problem; that it was public information. MOTION: Redpath moved , seconded by Anderson, to authorize expenditure of- UP to $5,000 for the purpose of conducting market research activities as requested by the Executive Committee of the City Administrative Offices Committee . Motion carried unanimously. IX . APPOINTMENTS A . Vacancy on Human Rights & Services Commission Peterson referred to the memo from Natalie Swaggert re- garding a vacancy on the Human Rights & Services Commission and suggested that City Manager Jullie consult with Ms Swaggert and Ms Provo to determine if there are any names City Council Minutes -13- November 4, 1986 of people who applied last time who would qualify for con- sideration. He further suggested that , if there are no names remaining on the list , Ms Swaggert could then pre- pare an article for the newspapers about the need to fill a vacancy on the Committee at this time . Peterson asked Jullie to thank Ms Swaggert for a very helpful and thorough review of the situation. Anderson asked if the procedure outlined regarding atten- dance at Commission meetings is unique to this Commission. Peterson said this is the only one with such a procedure . The consensus was that other Commissions might consider adopting such a procedure . MOTION: Pidcock moved , seconded by Redpath, to ask Ms Swag- gert and Ms Provo to investigate whether any previous appli- cants for the Human Rights & Services Commission might meet the categories for membership on the Commission; if there are no such applicants, to ask Ms Swaggert to prepare a newspaper arti-le requesting volunteers for the vacancy; and requesting Staff to report back to the Council at the next meeting as to the progress on filling the vacancy. Motion carried unanimously. X . REPORTS OF OFFICERS . BOARDS & COMMISSIONS A . Reports of Council Members 1 . Pidcock - Offer of Building for PROP Pidcock said she had received an offer of an Eden Prairie building that is over 100 years old and is available for $1 .00 . She suggested that it could be moved to the old library site and then used for PROP. Pidcock said it would cost about $15 , 600 to move it. City Manager Jullie said he would check into the poten- tial for a site and the condition of the building. Director of Community Services .Lambert said, while it might be possible to find a spot for it , he didn' t be- lieve the intersection of Valley View and Hwy 4 would. be the right place . Anderson said he thought this should probably belong either to the Historical Society or to Park & Rec . He asked how long we have to make a decision. Pidcock r responded that we probably have a couple of months. (� Anderson suggested we get recommendations from those two groups before making a decision . City Council Minutes -14- November 4, 1986 B . Report of City Manager 1 . Cable TV Lineup Change City Manager Jullie said that Rogers Cable is planning to switch the channel alignment to be compatible with the Minneapolis lineup. He noted they are doing this in order to put some of their more attractive channels down in the lower band . He said the Southwest Cable Commission has approved this change ; however, if any city does have a formal objection, it would stop the process . j Jullie said he and Mr. Redpath, as members of the Com- mission, think this is a. good change . He said the main objection is coming from the education access people currently on Channel 8 . He said that the change will become effective unless the cities object and, further, that the change will have to be in effect for a period of one year before it becomes permanent . Redpath noted that the school channels would all be on the same channel with the proposed change , thereby simplifying the channel setup. Liz Anderson, representing Rogers Cable , was available to answer questions . 2 . Report from Bond Referendum Committee Director of Community Services Lambert reported that the Park Bond Referendum Committee has been meeting since early September with the architect and planner on the proposed park bond referendum. He said they have set a tentative bond amount of $7 .9 million for the addition to the Community Center, first phase of Miller Park, completing bike trails on County roads 4 and 1 , and the acquisition and grading of a softball field complex . Lambert said the Committee would meet several more times before meeting with the Parks Commission in Decem- ber and the City Council in January. He said the recom- mendations and report of the Committee will be given to the Council at the same time it is presented to the Parks Commission and they would also invite Council members to attend the December Parks Commission meeting. He said that meeting would be promoted as an informa- tional meeting for public input. He said the Commis- sion would probably request a special meeting with the l Ai Hx I A City Council Minutes -15- November 4. 1986 Council in early January and would also invite the public to attend that meeting. Peterson asked if the Committee has a tentative pro- posal at this point . Lambert said the Committee has arrived at a tentative budget of $7 . 9 million and the architects are now working on a final design. Redpath asked if it has ever been presented as an either or situation; that is, can one part of the recommenda- tion be postponed more than the others . Lambert said all the items had been discussed , especially after the final cost was determined , but everyone has a very good rationale for their needs and programs . Anderson asked if there was agreement on the type of addition to be built onto the Community Center. Lam- bert replied that there will be a second sheet of ice, gymnasium, adult locker room, and space for drop-off child care . He said the plans for a running track and additional racquetball courts had been dropped . Anderson asked if they had a recommendation on the face of the existing building. Lambert replied that the referendum costs include a brick exterior similar to the high school on the Community Center expansion and that they expect the current litigation to result in a brick face being put on the existing building. Pidcock asked how much of the total amount is for the Community Center. Lambert said the estimate is about $4.8 million for the 70, 000 square foot addition. Anderson asked if the Community Center would be avail- able for use by the schools during the day. Lambert responded that the school staff is encouraging them to build a gymnasium as that would be used by the after- school programs . He said the plans include 200 square feet of office and storage for the school staff. Ander- son then noted that this is a joint type of concepts that is , the school will be able to use it as well as the City. Pidcock asked if the school would participate in the costs. Lambert said they have suggested the school participate in some of the costs such as the high school team locker room expansion. He said he thought they would consider it , ani he will be meeting with school staff on another issue so he planned to check on how to proceed with asking the school to consider sharing some of the costs . City Council Minutes -16- November u, 1986 Peterson noted that the money comes out of the same taxpayer' s pocket . Pidc ock said that was true but the school participation would make it appear as more sharing between the two. Peterson noted , however, that it might make it more complicated in terms of controlling maintenance and user fees . Lambert said they were not suggesting cost participation in the gymnasium but rather the locker room expansion. Redpath asked if they had considered enclosed access to the high school . Lambert said they had discussed That , inasmuch as the proposed high school expansion goes in the right direction so that the two facilities will be about 300 feet apart . Peterson noted that he hoped any newspaper articles or reports relating to this proposal emphasize that it is a draft proposal and that public input is not precluded . Anderson said he would like to have the rough drafts or prints approved before they appear in the newspapers. Lambert said the Committee has already looked at six or seven plans and the press may be at t the meetings taking shots . Peterson asked that the N words "Draft Proposal" be put across the top of any pictures or proposals . ' Peterson asked if the date had been set for the meeting with Park & Rec . Lambert said it hadn't been set yet but he thought it would be either the first or second meeting in December . 3 . Williams Pipe Line City Manager Jullie noted that the pipe line does go through a substantial portion of the southern part of the City. He said we have asked Williams for quite a bit of information on the line in order to develop an emergency plan. He said plans include having some neighborhood meetings with the pipe line representa- tives involved. Peterson asked who is supervising the work . Jullie responded that Jinn Clark is in charge . Anderson asked the age of the pipe line . Jullie said it was installed in the 1950' s, and it is a 121, dia- meter pipe . Anderson then asked when it was last tested . Jullie said they couldn't tell him when it was tested . Anderson said he would like that infor- mation. Jullie said he would get more information on it . f City Council Minutes -17- November 4. 1986 Peterson asked if he had any idea when the information will be available . Jullie said it depends on when we get a report from the company . He said Williams will be meeting with several other cities and they have been inundated with requests . Pidcock noted that this is an emergency situation . 4 . MNDOT Land on Highway 5 City Manager Jullie said that improvements are being planned and we have a proposal from the State to pur- chase the right-of-way on either side of Mitchell Road south of Hwy 5 for $78,600 . He said he would like authorization for the Mayor and himself to enter into the agreement with the State. Pidcock asked how much property was involved . Jullie said there is about a half acre on the ponding side and another half acre on the side by the fire station. Peterson asked if the figures are comparable to what they are paying other property owners along the high- way. Jullie replied that the City Assessor went over the report and determined that the prices are fair. ,. He said we have the right to go out and get another appraisal on our own . a Pidcock said she thought they should verify what they are paying other property owners. A discussion followed regarding the value of the property. Jullie said he would check on the amounts they are paying others. MOTION: Redpath moved, seconded by Pidcock, to author- ize City Manager Jullie and Mayor Peterson to enter into an agreement with the State of Minnesota for the pur- chase of land for road right-of-way. Motion carried unanimously. C . Report of City Attorney Regarding the Dorenkemper litigation, City Attorney Pauly said that the Court of Appeals has now confirmed the favor- able decision of the District Court; therefore, the matter should be put to rest . D . Report of Director of Community Services There was no report . b City Council Minutes -I8- November 4, 1986 E. Report of Director of Public Works 1 . Award Contract for Catch Basin Cleaning Machine Resolution No. -279 Director of Public Works Dietz reviewed the bids re- ceived for this project and noted the recommendation of Staff to award the contract to Ruffridge-Johnson Equipment Co. , Inc . , with their bid of $92,270 .40 . Pidcock asked what a catch basin cleaner was . Dietz described the machine and its uses . MOTION: Anderson moved , seconded by Pidcock, to adopt Resolution No . 86-279, accepting the bid of Ruffridge- Johnson B.quipment Co. , Inc . , for I.C . 52-108 , Truck Mounted Vacuum Catch Basin Cleaner. Motion carried unanimously . XI NEW BUSINESS MOTION: Redpath moved, seconded by Anderson, to set a meeting � of the Canvassing Board at 5:00 PM on Wednesday, November 5, 1986 , to approve the results of the election. Motion carried unanimously. XII. ADJOURNMENT MOT ION: Pidcock moved, seconded by Anderson, to adjourn the meeting at 1005 PM. Motion carried unanimously. 7 1 r ,`NVASSING BOARD MINUTES NOVEMBER 5, 1986 THE CITY COUNCIL !NET AT 5: "1 PM AT THE EDEN PRAIRIE CITY HALL AS THE CANVASING BOARD FOR THE CITY OF EDEN PRAIRIE TO RECEIVE THE RETURNS OF THE ELECTION JUDGES FOR THE ELECTION HELD ON NOVEMBER 4 , 1986. MEMBERS PRESENT: ACTING MAYOR REDPATH , COUNCIL MEMBERS ANDERSON AND PIDCOCK . : THE RETURNS WERE AS FOLLOWS: TOTAL 1A 19 2 1 4 5A 59 9A 99 $ MAYOR JERRY HEGGE 2135 1'5 174 199 173 199 168 46 271 11 ^ 146 163 1,n0 199 GARY PETERSON 5.'42 2'.•14 41= •7_175 Z88 605 281 117 .5J Z46 451 5114 E15 550 CITY COUNCIL RICHARD T. ANDERSON 4025 171 337 232 296 497 275 106 456 229 323 .338 321 429 CURT I S S. CONNAUGHTY 10 3: 73 89 76 87 1.,C 76 Z5 4S �� 75 99 '�) JEAN L. HARRIS 7,774 194 E74 282 Z 9 4 394 208 81 444 '_2 316 445 392 4 2 E DOUG REUTER 3.J..7� 17 5 :.89 i99 JJU i.�9 70 :�48 ,.;:7 ..46 Zt5 D.CK 3 E N T Z 1 46 55 66 62 76 57 15 46 61 76 50 53 58 REGISTERED @ 7:00 AM i5204 710 1185 10731 i091 141E 897 307 1528 997 i37,1 1699 191 1423 REGISTERED TODAY 1044 5.1 77 59 11 120 52 28 64 1G6 118 118 55 'T5 TOTAL REGISTERED 16246 761 1262 1090 1 16 2. 153C 949 375 1592 1103 1449 1817 1679 1519 ,`DYED @ POLL 7809 788 626 585 597 924 469 175 810 485 627 763 702 763 VOTED ABSENTEE 195 2 11 9 _v 5 2 28 1 16 18 20 TOTAL VOTED 6004 390 637 594 596 857 474 177 938 497 657 779 720 799 Y. VOTED 0. 493 0. 51 50 0.54 0. 51 !).56 0. 50 0.57, 0. 53 0. 45 0. 45 0. 4J 0 43 1) 52 MOTION BY PIDCOCK , SECOND BY ANDERSON TO ACCEPT THE RETURNS OF THE ELECTION JUDGES. ALL VOTED AYE. MOTION BY PIDCOCK, SECOND BY ANDERSON T7 ADJOURN. ALL VOTED AYE. THE ;NEE G WAS ADJOURNED AT 5: 71 PM. F`AUL REDF'ATH,—^_-, ING MAYOR Ji'0 'tJ D. F F'A iJ Y C L c<<.k'' 3 h z, f 86 CANVASSING BOARD MINUTES NOVEMBER 5TH,1986 THE CITY COUNCIL MET AT 5:00 PM A- THE EDEN PRAIRIE CITY HALL AS THE CANVASING BOARD FOR THE CITY OF EDEN PRAIRIE TO RECEIVE THE RETURNS OF THE ELECTION JUDGES FOR THE ELECTION HELD ON NOVEMBER 4, 1986. THE RETURNS WERE AS FOLLOWS: t TOTAL 1A 1B 2 3 4 5A 56 6 7A 7B 8 9A 98 MAYOR JERRY HEGGE 2131)' 135 174 189 173 199 168 46 271 112 146 16.3 160 199 GARY PETERSON S342 234 413 375 388 605 281 117 5'3 346 451 534 515 550 CITY COUNCIL RICHARD T. ANDERSON 4025 171 337 282 296 497 235 106 456 2 9 328 338 321 429 CURTIS S. CONNAUGHTY 1033 73 89 76 87 130 76 25 145 37 75 99 70 51 JEAN L. HARRIS 3974 184 274 282 294 394 208 8'1 444 2132 316 445 392 426 DOUG REUTER .3553 172 275 289 299 350 239 70 348 227 246 325 a74 39 DICK. SENTZ 721 46 55 66 62 76 57 15 46 61 76 50 53 58 REGISTERED t 7: 00 AM 15204 710 1185 1031 1091 1412 897 307 1529 997 1331 1699 1593 142Z REGISTERED TODAY 1044 51 77 59 71 120 52 28 64 106 118 118 85 95 TOTAL REGISTERED 16248 761 1262 1090 1162 1532 949 335 1592 1103 1449 1817 1678 15:8 VOTED 0 POLL 7809 388 626 585 587 824 469 175 910 485 627 763 702 768 VOTED ABSENTEE 195 2 11 9 9 33 5 2 28 12 30 16 18 2G TOTAL VOTED 8004 394 637 594 596 857 474 177 838 497 657 779 720 788 x VOTED 0. 493 0.51 0. 50 0.54 0.51 0.56 0.50 0. 53 0.53 0. 45 0. 45 0. 43 0. 43 0.52 THE MEETING WAS ADJOURNED AT PM GARY D. -PETERSON, -MAYOR � JOHN D. FRANE ,CITY CLERK