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HomeMy WebLinkAboutCity Council - 05/03/1977 APPROVED MINU7LS EDEN PRAIRIE CI1_4' COUNCIL TUESDAY, MAY 3, 1977 7:00 PM, CITY HALL r COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan F Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulst.ad; City Attorney Harlan Perbix; City Engineer Carl Jullie; Director of Community Services Marty Jessen; City Planner Dick Putnam, and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt PLEDGE OF ALLEGIANCE ROLL CALL: Penzel , Meyers , Osterholt and Pauly present; Bye arrived at meeting at 7: 20 PM. 1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda : A. Request for Council to set a Public Hearinq June 14 for Gunnar E1 ectr i c'_s ��_c,;ac�sed i n Jystri al site. T B. Addition of Muj ciyal Li uq_or to follow it_pm VII . E.3. C. Flyer for the Fire Bond Referendum yF MOTION : Osterholt moved, seconded by Meyers , to approve the agenda as amended and published. Motion carried unanimously. II . MIMLfTES A. Minutes of the Special Council Meetin_9 held Tuesda , March 29, 1977 MOTION: Pauly moved, seconded by Osterholt, to approve the Special Council Meeting minutes dated Tuesday, March 29, 1977, as published. Pauly, Osterholt, Bye and Penzel voted "aye" ; Meyers abstained. i.ot.ion carried. B. Minutes of the Council Meeting held Tuesday, April _5, 1977 Pg. 2, para. 8, 2nd line, strike "under modified circumstances". Pg. 4, para. 5, 7th line, strike "part" and insert "park" . Pg. 5, para . 2, lst line, strike "this" and insert "the" , and after "area" insert "east of Linden Drive"; 5th para. , 4th line, strike "to the" and insert "for the proposed". Pg. 8, add a new lath para . to read "Pauly placed the name of - Tim Pierce into nomination", therefore deleting "Tim Pierce" from the following paragraph. MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Council meeting held Tuesday, April 5, 1977, as amended and published. Motion carried unanimously. l/� �� 1 IL Ii . MINUTES (continued) P ^C ' C. "li nutes of the Special Council Meeti nq hel d Tuesday, Apri 1_ ) 2,_ 1977 MOT I014 : Osterholt moved, seconded by Meyers, to approve the Special Council Meeting minutes dated Tuesday, April 12, 1977, as published. Motion carried unanimously. III . PUBLIC HEARINGS A. Edenvale Industrial Park, _2nd Addition, Outlot F by Edenvale,- request to prel_ rn r,arY P1_ 3t and rezone 1 of the 3 lots from ]-General to 1-2 Park City Manager Ulstad explained that the proponent has requested a continuation of his request to the June 14th Council meeting. MOTION: Meyers moved, seconded by Osterholt, to continue the Public Hearing on the Edenvale Industrial Park , 2nd Addition, Outlot F by Edenvale, to the June 14, 1977 Council meeting. Motion carried unanimously. B. Bluffs East/West, Hustad_Develop ment Corporation , request for PUD r Gonce t appraval on 400 acres of single-family and multiple, PUD Development Staae approval , preliminary plat and rezoninq from Rural to R1-13. 5 for te — th2 wt'srn 200 acres of the PUD. _TContinued from April 12th Special, Council meeting . ( City ".onager Ul stad explained }hat s i nce the April 1 2th Council meeting 7 _ the proponent has submitted additional information to the Council relative to statistics on school children and also additional information relative to engineering and economics of the properties. City Engineer Jullie outlined the area where a lift station would be necessary in the proposed area and that this lift station would be part of the project cost absorbed by the developer. Don Brauer , Brauer & Associates ,outlined his communication dated April 27, 1977 on the Bluffs East/West PUD Review. Director of Community Services Jessen spoke to his memo dated April 29 and answered questions of Council members . Wallace Hustad and Jim Ostenson, Hustad Development Corporation, and Richard Sather, McCombs Knutson, made themselves available for questions by Council members . Mayor Penzel questioned if there has been strong concerns regarding the location of some of the lots on the slopes , if there has been any reconsideration about the intrusion, and if any conclusions have been reached. Richard Sather explained that he hasn ' t examined them individually but that the lots are natural walkout lots in his opinion. He further stated that excavation for all of the homesites along the Bluff rim would have to be carefully done and that proper management would handle the probl ens. City Engineer Jul lie spoke to the traffic volumes and the maintenance of Riverview Road . yC 9 B. Bluffs Eastltlest (continued) renzel referred to the Riley-Purgatory Creek, Watershed District letter dated May 3. Allan Gebhard , Engineer for the Watershed District, explained that the Bluffs East/:Jest Development is scheduled for discussion at their meeting of flay 4th, but felt no action would be taken at this meeti ng. Osterholt stated that there has been discussion about certain sites being set aside for park acquisition by the City and questioned if we can agree to those sites and also arrive at some dollar figures. Mr. Hustad explained he would like to see this , however, it would be i a precedent set for all developers . Al Brekke , 10091 Homeward Hills , expressed concern of the impact of this proposal on his land and indicated he did not want to see development behind his barn . Mr. Hust ad indicated he had met with Mr. Brekke in. the pa,t but has been unable to come to an agreement. Helen Fowler, 10315 Riverview P.cad, questioned safety with 252 more units off of Riverview P,oad,and there would bP additional noise around the curve by her house which already sounds like a race track. Ms. Fowler further staged the school that would be placed west of Homeward Hills would not be a safe location because it is a test pattern for training from the airport. Planner Putnam explained that the School District is very concerned about this and the State Board of Education has a nurber of criteria which would prohibit the location of a school under the flight pattern . Gary Gilbertson, 10127 Wild Duck Pass , stated that when he moved to Creek Knolls one of the reasons was the way the Valley would be preserved and he is of the opinion that the plan as presented would keep it in a natural state the way it should be. Sally Biotin, 10080 Bennett Place , questioned where the line would be to allow them to enter their 10 acres . City Engineer Jullie answered Mrs. Brown ' s question to her satisfaction . Rod Sundstrom, t hairman of the Planning Commission, spoke to the action taken by the Planning Commission . MOTTON: Me-vers moved, seconded by Pauly, to close the Public Hearing and adopt Pesolution No. 77-47, approving the findings of the Environmental AsseCsrnent ::orksheet whereby an Environmental Impact Statement is not needed as per Option 1. Motion carried unanimously. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-45, approving the PUD Concept Plan of the Bluffs East/blest PUD of 400 acres with the designations of open space included but no density designations on Bluffs East officially acknowledged by the City at this time. Further direct the City Attorney to draft a developers agreement for the PUD Concept Plan requiring that all open space areas be designated as scenic easement with option to buy those areas defined public acquisition , the remainder C to remain -in conservancy trust scenic easement. Direct staff to negotiate per acre purchase cost and term of contract on potential acquisition area, and that the washout areas that abut be replatted into lots with scenic easement attached to the steep slopes and that the percentage of lots under 13, 500 square feet be reduced in the final plat to 15%. Motion carried unanimously. i,.� E. Flu fs a_ t; t,e,t (c.,n " nl...d) Pauly stated she %.as reluctant to give Concept approval at this time d to Bluffs East/t-:est until we are closer to the time of develop,-:ent. 3 Osterholt quC-sti oned how the Council intends to acquire or conserve 4 the open space and what the policy is going to be. Penzel explained 15 that he feels dedication would be the most desirous , then there is no question as to wtho is responsible and who has what rights . City Attorney Rerbix suggested that a rezcning agreement be drafted and presented to the Council before the 1st Reading of Ordinance No. 77-20. Meyers suggested eliminating the zoning on Lot "G" at this time, and also not rezoning the northern lots at the end of the cul-de-sac in Area "A" . In the meantime she would 1 ike staff to investigate the purchase of the BreF:F:e property for park land and report back to the Council if that is a viable option or not.. Pauly requested the City Engineer advise .which are the sensitive lots close to the Creek so they will get special care. MOTION : Osterholt moved , seconded by Meyers , to continue the lst Reading of Ordinance No . 77-20 and Resolution No. 77-45, approving the preliminary YVlat, until such tinie as additional information and details have been completed as, requested by COLMCil P,em')ers . Motion carried unanimously. IV RtPJF:TS F RIOh1 rP1.11SORY CO11'•liSSIO''S Continued to May 5, 1977. V. P`TIT) 10INS, REQUESTS & CC,1,.'-1UNICATIONS A. Request from William F. Henninq , President of Titus , inc. , requesting an e>;tension of' the PUD Resolution approval which redAprii 1 ,-1977, --- Continued to May 5, 1977 . B. RE-quest for a Public Hearing from Jesse L. Schwartz. W. Gordon Srni t_h, Cor��an _---_----'__ _-- -- MOTION: Osterholt moved, seconded by Pauly, to set a Public Nearing for May 17 , 1977 to consider the request for PUD concept and development stage approval and variances for the construction of a restaurant/service station corr,bin,;tion at 8050 Flying Cloud Drive, "Wye" Mobil station site. Motion carried unanimously. VI . 0PD1NMr'NCES & RESOLUTIONS A. 2nd Readinq of Ordinance No , 77-_9, Eden Prairie Industrial Park, rezoning from T-? to 1 rjeneral t�7e areas designated in the PUD for the southeasterly civadrant of she County Road G TH 5 Intersection City Manager Ulstad explained that the requests made by Council members on screening and setbacks have been accomplished, and everything is in order for a 2nd Readinq of Ordinance No. 77-9, with the exception of the rezoning F,. cnd Reading of Ordinance No. 77-9, Eden Prairie Industrial Park (continued) agr e;,+ent being signed by Champion Mill as the owners are out of town until May 15. Ul stall recommended that the Council consider giving a 2nd Readinc to Ordinance No. 77-9, excluding Champion Mill at this time, and when the oti:ners return then consider the 2nd Reading for that particular Parcel . MOTION : Osterholt moved, seconded by Bye , to approve the 2nd Reading of Ordinance No. 77-9, rezoning the Eden Prairie Industrial Park from I-2 to I-General the areas designated in the r UD for the southeasterly quadrant of the County Road 4 - TH 5 Intersection, excluding Champion V.-ill from the 2nd Reading at this time. Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-2I , The Pillslyury Cor��aany, rezoning from Rural to 1-5 Part; approximately 25 acres for lst phase construction of a research and develop nt facility City Manager Uls tad explained that at the Council meeting held April 19th the Counci l gave a l s t Reading to Ordinance No. 77-21 with the understanding that a rezoning agreement would be developed and in that rezoning agreement conditions should be spelled out relative to r:i l dl i fe and conservan-cy E.ssessn,ent e?round Anc;ersen Lakes . Pillsbury h�,s not,; submitted a revised proposal �,,h i ch w-e at staff level feel does not comply with the "1 etter" of the B,laci1ock Study recommienaation but does strive to meet the intent of the plan . This revised proposal has been reviewed with the Parks, Recreation & Natural Resources Commission for their comments . 11ar-ti n Hanson, P.obert 1,1a1 ker, an:.' Lynn Rhoads , representatives of the Pillsbury Company, spoke to their proposal and answered questions of Counci 1 me,r!)ers. Osterholt questioned if this proposal meets the guidelines with the Anderson Lakes {park cu—ncept. City Manager Uistad stated in his opinion that using the guidelines that the City has used over the years , this proposal cc,,7:es within about 70 - 75'.; of the guidelines that have been establ iShed. Director of Cormunity Services Jessen spoke to his memo dated May 3 outlining the proposal submitted to the Parks, Recreation & Natural Resources Commission on Ilay 2nd. The Blacklock Study line called for a total of about 75 acres of open space and wildlife habitat. The proposal as submitted includes 66 acres and in the face of that fact Jessen pointed out to the Commission it does not comply strictly with the Blacklock Study., Paul Choinicre, past member of the Parks , Recreation & Natural Resources Coiamission , stated that on April 4th the Commission heard a presentation by Pillsbury Company t.,hich was unique and well laid out and it was in conformance with the Blacl.lock, Study which has been used consistently in development of the Anderson Lakes system. The Pillsbury Company followed the guidelines almost IOC; Now there is a change in the proposal which 11r. Choinicre does not believe meets the reco-,rmendations for the Anderson Lakes Park. .j B. 2nd P.eadinq of Ordinance No . 77-21 , The Pillsbury C (continued) Richard Anderson, member of the Parks, Recreation & Natural Resources Cui,,uiission, explained that he was not present at the April 4th Commission meeting but stated several members of the Cor-,,.mission feel this is a reversal of position as to what was discussed on April 4 . The intent has changed and the Comi-.;ission is disappointed that this switch has been made. VIOTION: Osterholt rnioved, seconded by Bye , to approve the 2nd Reading of Ordinance No. 77-21 , rezoning for Pillsbury Company from Rural to 1-5 Park approximately 25 acres for Ist phase construction of a research and developiiient facillity. City Attorney Perbix outlined three changes which. have been made to the rezoning agireeir."*nt and Mir. Rhoads agreed to -k-jork with Mr. Perbix on these changes. MOTION' TO CALL PREVIOUS QUESTION: Bye moved, seconded by Osterholt, to call the previous question. Motion carried unanimously. VOTE 0',,4 PREVIOUS QUESTION: Osterholt, Bye, Pauly and Penzel voted "aye" , I-1--yers voted "nay". Motion carried . 1-110 T 11 OIN Osterholt ,roved, seconded by Bye, to approve the rezoning iiqree,ment vjith three changes as proposed by City Attorney. Osterholt, Bye, Pauly and Penzel voted "aye" , I-leyers voted "nay" . Motion carried. Hi,D T I Co Bye moved, secondied by Osterholt, to adopt Re5 o1 u4,Li on No. 77-74, approving Envirco-orental '.-,',;p Statement for the Pillsbury act Statement located in The Preserve . Motion carried unanimously - C. --nd Readinq of Ordinance No. 77-18, rezoniJig- f rom-Rural to RI-13. 5 for -72 - --- - -- -------- - --I - --- -- -6nvale and rezonin agreement Phase 1 , 58 lots , 1.tioodland Addition by Fd q rj��e Continued to May 5, 1977 Council meeting. D. 2nd Peading of Ordinance No . 357 , Area "G" of The Preserve Commer c i a 1 Flan , -El-7from Service and rezoning agreement Pauly recommended change on page 2 of "Design Framework 11anual " , under itci--,i "B" , add a new sentence to read "Staff shall review the range of material with final approval by the Council " . Penzel recommended a change on pace 4, item 3, after "mounted" add "arid shielded". M,0 TI 0,11 Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 357, Area "G" of The Preserve Commercial Plan for rezoning from Rural to C-Regional Service. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers , to approve the rezoning agreement with aforementioned changes . Motion carried unanimously. REPORTS OF OFFICERS , BOARDS & COMMISS"ONS A. Reports of Council rlemt)ers 1 . /,pp Rintr^pnt of one niember to the Human Rights Commission for a three yt4j- term Continued to May 5, 1977 Council meeting. C:c;a r; 7 i t? r;:� - 7 - ay : 1 2. Council Goals & Objectives for 1977-78 Continued to M1ay 5, 1977 Council m;.,eting. B. Resort of City ttanager 1. Status report on existing_ and proposed_ high.,rav projects - State of nnesota Citv Mianager Ulstad explained that over :.he p;:.st few weeks our Council has received a request from Shakopee and Savage encouraging our City Council to approve a resolution for a study of iriproving liie h,,'ay 13-169 as outlined in Resolution No. 77-75. Herb �'lossner, Hennepin County, and Duane Brown , tiinnesota C,epartr;,,2nt of Transportation , brought t-he Council up-to-date on projects v.hich a=fect Eden Prairie and the immediate surrounding 4 areas . Miayor Walt Hat-beck, Mayor of Shakopee, Ed Knoll , member of the Hi ghi•,a_y 18- 1 69 Corridor Committee, and Dennis Hron, Scott County Commissioner, urged the Council to support this resolution and promised to support any resolution our Council may adopt on a High,,-ray 212 resolution. MOTION Osterholt moved , seconded by Bye, to adopt Resolution No. 77-75 , pertaining to a study of t'igh+,vay 1E-169 corridor along Count\, Nigh,,-.,ay 13 from Interstate 494 to the I-rinnesota River and the permanent corridor• br i cice to connect with the State Trunk Highwz,y No . 169 bypass to Si,akopee. Osterholt , Dye, Pauly and Pen2el voted "aye" , Mleyers voted "nay" . i ;otion carried. t,UT 10!%' Osterholt moved , seconded by Pauly, to instruct staff to draft a resolution for Council ' s consideration supporting and encouraging devclopmelnt and upgrading of Highway 74212 at the earliest possible date, and to circulate to areas heard from at this meeting to receive their support. Osterholt, Pauly, Bye and Pen2el voted "aye" , Meyers voted "nay". Motion carried. MICTION: Cye moved, seconded by Osterholt , to continue the Council meeting past the 11 : 30 PM scheduled adjournment hour until 12: 15 AMI. Motion carried unanimously. C. Report of Planning_Director 1 . Community Development Block Grant Housinn Assistance discussion Planner Putnam referred to the three options in memo dated April 27, 1977, and recommended the Council adopt Option 3. MOTI014 : Bye moved, seconded by Meyers , to approve Option 3 as recommended by Planner Putnam in his memo dated April 27, 1977. Motion carried ununirrrously. i uG9� D. Przport c-fF of Community Services 1. Bc)om Truck/Loq Loader Bids Director of Community Services Jessen recommended awarding the bid to the 2nd lowest bidder as the low bidder did not meet specifications . MOTION': Pauly moved, seconded by Osterholt, to accept the bid cf Landco Equipm.ent, Inc . , the 2nd lowest bidder, as the 1st bid did not meet specifications , in the amount of $10,448. 00 for a Boom Truck/Log Loader. Roll Call Vote: Pauly, Osterholt, Bye, fleyers and Penzel voted "aye". 14otion carried unanimously. 2. Edenvale & The Preserve Park Plans Director of Community Services Jessen spoke to his memo dated April 29, 1977 and answered questions of Council members. Bill Hans , 15370 Creekside Court, requested that more funds be appropriated for the Edenvale Neighborhood Park Plan. 110TION: I-11eyers moved, seconded by Bye, to approve the development of the Edenvale and Preserve Neichborhood Park sites as recommended by the P&rks , Pecreation & Natural Resources Commission, eliminating the northern parking lot from the Edenvale park site. 1--lotion carried und n I 4In"-1 us 1 Y. 3. Cash Park Fee Discussion Continued to 1,11ay 5, 1977 Council meeting. 4. Consideration of Boorner Property Continued to Clay 5, 1977 Council meeting. 5. Discussion on Park Bill before State Legislature Continued to May 5, 1977 Council meeting. E. Report of Citv Encineer I. Consider bids for utility improvements oil Heritage Road, I . C. 51 -290 City Engineer Jullie recommended awarding the bid to the lowest bidder, G. L . Contracting, Inc. , in the amount of $060,135.25 for utility improvements on Heritage Road, I .C. 51-290. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77- 58, accepting the bid from G. L. Contracting, Inc. , in the amount of S050,135. 25 for utility improvements on Heritage Road , I . C. 51-290. Roll Call Vote: Osterholt, Bye, Meyers , Pauly and Penzel voted "aye" . Motion carried unanimously. 9 2. Final Plat approval for 01 ,;mpic Hills 2nd Addition (Resolution 3. City Hall expansion plans 4. Receive 1001, petition for City installation of utility d_ s t r e e,t improvements in the I.-Joodland Addition of the N.t4— , ,. Edenvale Area -C-._5 I---j 0 3 5. Preliminary report on feasibility study for utility improvements on �Ge.F!VI CIV.I i' and Kuci-,crs 'Ist Addition, I . C. 51-300 6. Receive petition for vacation of Rieman Road in the Edenvale Industrial IL —soiution I'Jo. 7 All of the above items %,.,ere continued to the flay 5, 1977 Council meeting. F. Finance Director 1 . Clerk' s License List Continued to I-lay 5, 1977 Council meeting. 2. �Fa I,ment o' Claims Nos. 5369 - 5465 N.0 T I D NI: Osterholt t�noved , seconded by Pauly , to approve Payment of Claims Nos . 5369 - 54651. Roll Call Vote: Osterholt, Pauly, Bye, C1-1--yers and Penzel voted "aye" . Motion carried unanimously. VI '. 1 . NEW BUSINESS .items requested to be added under "New Business" on page 1 of Council minut-es , continued to the 114a-v 5, 1977 Council meeting. .,C)7 L Osterholt coved, seconded by Penzel , to set a Special Council meeting for fla 5, 19177 for Thursday, May 5, 1977, 7:00 PM at City HL111 , for the purpose of considering that have not received action on this date. Motion carried unanimously. X. ADJOURNI"IEN'T MOTION: Eve uioved, seconded by Osterholt . to adjourn the Council meeting at 121 17 AM. Notion, carried unanimously. LIJ err;177� 177—