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HomeMy WebLinkAboutCity Council - 11/01/1977 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 1, 1977 7:00 PM, CITY HALL 4 COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Harlan Perbix; Planner Dick Putnam; Landscape Architect Chris Enger; Director of Community Services Marty Jessen; and Joyce Provo, Recording Secretary INVOCATION: Councilwoman Joan Meyers PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the Council agenda: A. Discussion about Community Education B. Highway #212 Task Force C. Discussion on the possibility of having a Consent Calendar on the Council Agenda D. Comments by Council members for Councilman Bye to relate to the Metropolitan Airports Commission at meeting being held at the Vo-Tech this evening regarding Flying Cloud Airport MOTION: Meyers moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. Item I. D. Comments by Council members for Councilman Bye to relate to the Metropolitan Airports Commission at meeting being held at the Vo-Tech this evening regarding Flying Cloud Airport were taken up at this time as Councilman Bye is to represent the Council at the meeting which is taking place at the same time as the Council meeting scheduled this evening. Council members requested Councilman Bye to relate the following to the Metropolitan Airports Commission: 1) Time be provided for the City to go over language of Ordinance No. 51; 2) Some type of noise monitoring be involved if Ordinance No. 51 is to be adopted; 3) Consider that an Environmental Impact Statement might be necessary if Ordinance No. 51 were adopted under proposed language; 4) Hold any action until update of Guide Plan; 5) That any further public hearings regarding Flying Cloud Airport be held on nights other than scheduled Council meeting nights; and 6) Council members should be made aware of things before they happen regarding Flying Cloud Airport, i .e. , MAC decided not to make any improvements, however, during the interim improvements have been made without letting Council members know. (Resolution No. 77-150) II . CONTRIBUTION OF $1 ,000 FOR CIVIL DEFENSE SIRENS FROM THE JAYCEE'S Robert Kazmier, President of the Eden Prairie Jaycee's, introduced Jim Lindsay, who presented a check in the amount of $1 ,000 for Civil Defense Sirens as a contribution from the Jaycee's. Mayor Penzel accepted the $1 ,000 on behalf of the City and thanked the Jaycee's for their support. {. III . MINUTES OF THE SPECIAL COUNCIL MEETING HELD MONDAY, SEPTEMBER 12, 1977 MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the Special Council Meeting held Monday, September 12, 1977, as published. Motion carried unanimously. / MINUTES OF THE REGULARLY SCHEDULED COUNCIL MEETING HELD TUESDAY, OCTOBER 4, 1977 Pg. 6, 4th para. ,5th line, after "foot" insert "right-of-way" . MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the Regularly Scheduled Council Meeting held Tuesday, October 4, 1977, as amended and published. Motion carried unanimously. IV. PUBLIC HEARINGS A. Amoco Oil , rezoning by Amoco Oil Company. Request to rezone from Rural to Highway Commercial an approximate 3/4 acre site on the north side of U.S. 169/212 across from Eden Prairie Center north entrance, and approval y of RLS. Mr. McGregor, Real Estate Division of Amoco Oil Company, outlined the proposal and explained that Amoco would be building next Spring and hope to open in July of next year. Chris Enger, Landscape Architect, spoke to the Staff Report dated September 2, 1977. `s Osterholt questioned who owned the property. Mr. McGregor responded that Amoco Oil Company has a contract subject to buying if the rezoning is granted, t and that Mr. Teman and Mr. Ball own the property at the present time. City Engineer Jullie spoke to his memo dated October 27, 1977 regarding the RLS for the Amoco site. Jullie further explained the proposed sale by the City to Walter Ball and associates of the 0.16 acre• This residue parcel was excess right-of-way acquired under the T.H. 169 improvement project (I.C. 51-266). The parcel by itself is essentially unusable and good area planning would require adding this parcel to adjoining property for development purposes. The sale will stipulate that the purchaser pay all pending and existing special assessments in addition to the purchase price and further that said purchase price be same as the original acquisition price per square foot of land. Councilman Bye was excused from the Council meeting at 7: 15 PM to attend the Metropolitan Airports Commission meeting on Flying Cloud Airport at the Vo-Tech School . Meyers questioned if the Council should have signage plans and landscaping plans on this site plan. Penzel further questioned if this could be provided prior to the 2nd Reading of Ordinance No. 77-41. Mr. McGregor answered in the affirmative. MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and give a 1st Reading to Ordinance No. 77-41, rezoning from Rural to Highway Commercial an approximate 3/4 acre site on the north side of U.S. 169/212 across ' , . from Eden Prairie Center north entrance for Amoco Oil Company, conditioned upon receiving a landscaping plan and some indication in writing that the developer will conform to the existing City of Eden Prairie Sign Ordinance. Motion carried unanimously. r, MOTION: Pauly moved, seconded by Osterholt, to give preliminary approval of the RLS with final approval pending the 2nd Reading of Ordinance No. 77-41. Motion carried unanimously. Council Minutes - 3 - Tues . ,November 1 , 1977 A. Amoco Oil , rezoning by Amoco Oil Company (continued) MOTION: Meyers moved, seconded by C+sterholt, to direct the City Attorney to draft a rezoning agreement to include the following: requirement to provide adequate landscaping and screening of the gas pumps and parking areas, temporary erosion measures to be implemented during grading, sodding and seeding to immediately follow construction, a pedestrian pathway be provided in the right-of-way on the north side of the proposed Amoco site as outlined in site plan to be constructed of concrete 5" thick and 5 feet wide, and that the following be submitted prior to the 2nd Reading of Ordinance No. 77-41 - 1) landscaping and signage plans , and 2) a bond or letter of credit covering the cost of the proportionate share of the access road to TH 169/212 and for storm sewer drainage facilities. Motion carried unanimously. B. Olympic Hills 3rd & 4th Additions by Olympic Hills Corporation and Michael Adams ' Bruce Knutson, Architect for the project, outlined the proposal and answered questions of Council members. g Chris Enger, Landscape Architect, spoke to the Planning Staff Report dated August 15, 1977, and to the recommendations of the Planning Commission. r Osterholt commented that a storm sewer plan has not beem submitted and questioned ifo one is contemplated. City Engineer Jullie explained that the City is suggesting that before any final plat approval the developer have a completed i plan showing their storm sewer program. Both Don McGlynn, Olympic Hills Corporation, and Michael Adams took art YP � P in the discussion regarding trails and roadways. MOTION: Pauly moved, seconded by Meyers, to continue the Public Hearing for Olympic Hills 3rd & 4th Additions to the December 6, 1977 Council meeting, referring this proposal to the Parks, Recreation & Natural Resources Commission for trail review, and to the City Attorney to investigate the City`s potential liability if the Council approves the platting of lots which require the driveways across the fairways . Motion carried unanimously. C. Knoble Addition by Universal Land Corporation Donald Peterson, Universal Land Corporation, spoke to the proposal noting that they are not asking for any variances and that the project is compatible with the area. Chris Enger, Landscape Architect, spoke to the Planning Commission minutes dated August 22, 1977, whereby the Planning Commission recommended approval of the project, and to the Planning Staff Report dated July 27, 1977. Osterholt stated he is concerned as to how this proposal will fit in with - the Guide Plan. 1 Council Minutes - 4 - Tues . ,November 1 , 1977 Councilman Bye returned to the Council meeting during the Knoble Addition Public Hearing. C. Knoble Addition by Universal Land Corporation (continued) Pauly questioned if it became expensive to prepare this property for subdividing would that mean there wduld be less expensive housing. Mr. Peterson responded in the negative, and stated it would mean more expensive housing because they would have to eliminate lots. Penzel questioned if this proposal had been reviewed by the Parks, Recreation & Natural Resources Commission. Enger replied in the negative. Don Peterson responded to the petition received from the residents dated August 8, 1977, in opposition to the proposal , stating that leaving the 5 acre parcel they are proposing to develop as one piece is not feasible, and that their development will not detract from the area. Mr. Peterson further stated that he feels Universal Land Corporation has the right to develop their five acre parcel as it fits in with the City's ordinance. Enger spoke to the Neighborhood Facilities Study, and outlined the specific recreation needs for the proposed area. Grant Gilderhus, 16855 North Manor Road, referred to the petition and the concerns outlined in same. An additional petition was submitted to be made part of the record, consisting of two additional property owners. Mr. Gilderhus emphasized there are a lot of people that moved to Eden Prairie because they liked the large lots and the wide open spaces . He further stated when he owned the home now owned by the Roeder's,he came to the Village offices and asked if the 5 acre piece in question was going to be chopped into homes i tes. At that time the Village informed Mr. Gilderhus it would not be in keeping with the planning of Eden Prairie to chop the area into homesites . Mr. Gilderhus commented that he moved here for the kind of quality of life he wanted and would have, and the quality of life is more important than the dollar value of his property. He asked the Council to seriously consider what this proposal is going to do in terms of traffic safety and also property values. Wayne Chapman, 16840 North Manor Road, stated he would like to see another entrance and exit either to the east or to the north. Odeen Rekoske, 6510 168th Avenue, explained that this area is basically now one cul-de-sac and it would put much more burden on the street than it al ready has . Mr. Lasson, Controller for Universal Land Corporation, explained that in terms of quality of life, lots are larger than a majority of lots in Edenvale and The Preserve in this particular proposal . P ' Osterholt questioned what would make the proposal more acceptable. Mr. Gilderhas suggested that road facilities should come before buildings, a trail plan should be adopted, and lot sizes are not in keeping with the rest of the neighborhood. l Council Minutes - 5 - Tues. ,November 1 , 1977 C. Knoble Addition by Universal Land Corporation (continued) Mr. Peterson stated they would be happy to join on a petition with owners along 168th Street to initiate a street improvement in that area to be assessed equally between the property owners involved. He further noted that lots are larger than any of the lots in the Golfview subdivision and questioned if the Council does not feel the ordinance which sets out 13,500 square feet as adequate in size requirements, than the Council should consider changing the ordinance. MOTION: Osterholt moved, seconded by Bye, to continue the Public Hearing for Knoble Addition to December 20, 1977, and to 1) direct staff to review the road system and sewer system to serve this project, 2) refer the proposal to the Parks , Recreation & Natural Resources Commission for their recommendation, 3) that an updated copy of the plat be submitted to the Council , 4) comment from Staff as to how this particular piece of property should fit into the overall Guide Plan in the area, and 5) have Staff review the full engineering report on soils from BRW. Motion carried unanimously. D. Golf Vista Addition by Edenvale, Inc. Don Peterson, Edenvale, Inc. , spoke to the revised plat and answered questions of Council members. Chris Enger, Landscape Architect, explained that the Planning Commission does not have a recommendation on the revised plat as submitted as it did not go through the Commission. Dick Putnam, City Planner, outlined the recorrune-ndati on of the Planning Commission on the previous plan for Golf Vista . F James Dickey, 14075 Sun Dial Court, stated he supports the plan before the Council more than any others which the Council has considered. He 4 further explained that the three residents in the immediate area have worked with Don Peterson and feel things have been worked out to their satisfaction. Tom Tennison, 14314 Golf View Drive, explained that Don Peterson has done everything possible to work with the neighbors , and with the deeding of the vacant space to the neighbors and buffer area with trees , Mr. Tennison supports the present plan. Bill Langer, 14160 Green View Court, questioned that in the previous plan there were two outlots, now there is only one. Don Peterson explained that one remains , and the other is eliminated. Jerry Ki ngrey, 14311 Holly Road, stated he would like to see the streets in to take care of the traffic, and that Holly and Kingston are near capacity for the type of roads they are. Kingrey requested that the Council consider traffic that comes from such a development,and what it is going to do to existing neighborhoods before other arterials are ready for use that will take the traffic to the collector where it belongs. Penzel asked if Edenvale is prepared to pay the necessary assessments for a road to go from Mitchell to Baker Road. Don Peterson replied in the affirmative. Council Minutes - 6 - Tues. ,November 1 , 1977 D. Golf Vista Addition by Edenvale, Inc. (continued) City Engineer Jullie stated that Hennepin County has included the T Crosstown construction to which this `road is connected to their five- year program (1981 ) , and if we would choose to wait that long then the County would participate. ,z MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 77-42, rezoning from Rural to RM 2.5 and RM 6.5 for double bungalows and apartments based on revised site plan dated September 9, 1977, for Golf Vista Addition. Meyers, Bye, Pauly and Penzel voted "aye" , Osterholt voted "nay" . Motion carried. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement reviewing the original motions for rezoning which included the original staff report, Planning and Council recommendations; to include exterior material , color of the siding, and plantings as outlined in letter from Edenvale dated October 20, 1977; that all diseased elms be removed at the time of the issuance of the building permits throughout the construction time of the project; and that the 50 foot strip at the north end of the project be dedicated to the adjoining single family lots. Meyers, } Bye, Pauly and Penzel voted "aye" , Osterholt voted "nay" . Motion carried. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-138, approving the revised preliminary plat for Golf Vista Addition by Edenvale, Inc. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt voted "nay". Motion carried. w E. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company Mr. Howard Dahlgren, Howard Dahlgren & Associates , project planners for the Edengate proposal , introduced Mike Gair from his office, and James Dorsey, legal counsel for the proponents. Mr. Dahlgren then spoke to the proposal commenting that they had met with the neighbors and with four gentlemen who make up the Northwest Eden Prairie Steering Committee. He further explained that the project will be financed by FHA and there will be strict convenants to be controlled by the homeowners ' association. Graphics of the exterior and interior of the buildings were displayed for Council members, and Mr. Dahlgren noted that the proponent is dropping from the original concept of 240 units to 198 units. Dick Putnam, City Planner, spoke to the Planning Commission minutes dated August 8, 1977, and Staff Reports dated July 29 and September 8, 1977. Osterholt complimented Mr. Dahlgren for the vast improvement of what was presented previously for this site. Osterholt questioned the ownership of the property involved. James Dorsey, legal counsel for Edengate, responded that Edina Builders is the fee owner, Catco purchased the Contract for Deed, and Gerald Pautz is purchasing same from Catco. Mr. Dorsey further stated that Harry Gustafson and Richard Hawthorne own Catco, Inc. J��C Y. Council Minutes - 7 - Tues. ,November 1 , 1977 E. Edengate by Gerald B. Pautz & Pautz-Franklin Realty Company (continued) Osterholt requested that the Council be provided with the names of the Northwest Eden Prairie Steering Committee members and how they are selected. He further stated the Council should have been made aware of the meetings that were held with the neighbors. Council requested that they be supplied with copies of the homeowners ' association documents. Mr. Dahlgren distributed a copy of the Edengate Homeowners ' Association By-Laws and Covenants to Council members. Bye requested that City Attorney Perbix supply the Council with an opinion of the action as handed down by the judge as to the course of action the Council should take. 4 l The following spoke in opposition to the Edengate proposal as presented: Ernest Booth, 6781 Tartan Curve, Mr. Harley, 6741 Tartan Curve, Mr. Askland, 18219 Ginavale, Mr. Downey, 6970 Ticonderoga, James Follese, 6830 Park View Line, Jerry Catt, 18600 Duck Lake Trail , and Joe Mischel , 6681 Tartan Curve. Concerns were cited by the aforementioned residents ;' i .e. , do not know of a Steering Committee in the area - it is four people that like to call themselves a Steering Committee, the neighborhood meeting was hostile, the proponents are asking for a complete variance from the concept plan, infringing on the Purgatory Creek area quite a bit, not all neighbors have been informed about neighborhood meetings sponsored by Edengate, impact that Dell Road would have on the environment, when people moved in this area they { were told at the Village Hall this area was going to be a nature area or �. possibly convert to a golf course, traffic problem which will occur on Duck Lake Trail if this development occurs, traffic safety, density, and' the feeling that it is inevitable that this proposal has to be approved as Staff Reports indicate the Council has no choice but to accept the project. Robert Nielsen, 6761 Tartan Curve, stated he is not for the project but feels it is better than plan previously submitted. Mr. Dahlgren commented that what the Judge is saying is for the proponent to go back to the City and work things out. Therefore, the proponent applied for a new proposal and have tried to work it out the best we could with the people, Mr. Dahlgren reiterated. The project was approved by the Environmental Quality Council and a new Environmental Assessment Worksheet has been prepared. Bye questioned if Edengate's legal counsel would agree that Mr. Dahlgren's interpretation of the Judge's charge was correct. Mr. Dorsey stated that the practical opinion and charge of the Court was for the Edengate people to go back to the Council and work it out. MOTION: Osterholt moved, seconded by Pauly, to continue the Public Hearing to December 6, 1977, request the City Attorney to answer Councilman Bye's concern as to the Judge's opinion as- to the course of the action the Council should take, the developer should be advised that the City is undertaking the Guide Plan and see what the proponent's response is to a further Environmental l Assessment Worksheet, a statement from the proponent regarding specifically the upgrading of Dell Road and how they would propose a connection between their parcel and Duck Lake Trail , and clarification as to votes by the Parks, Recreation & Natural Resources Commission and the Planning Commission. Motion carried unanimously. Council Minutes - 8 - Tues . ,November 1 , 1977 MOTION: Meyers moved, seconded by Osterholt, to continue the Council meeting past the 11 :30 PM scheduled adjournment hour until 12:30 AM. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. VI . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-36, amending Ordinance No. 186, pertaining to the prevention and control of tree diseases x MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading a of Ordinance No. 77-36, amending Ordinance No. 186, pertaining to the prevention and control of tree diseases. Motion carried unanimously. n VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS e A. Reports of Council Members Councilman Osterholt stated he would try to have the Sign Ordinance A ready for the November 15th Council meeting. B. Report of City Manager 1. Setting of a Public Hearing for large acreages of property along the Chicago/Northwestern Railroad in Southwestern Eden Prairie to Planned Study MOTION: Pauly moved, seconded by Bye, to set December 6, 1977 as the Public Hearing date for large acreages of property along the Chicago/Northwestern Railroad in Southwestern Eden Prairie to Planned Study. Motion carried unanimously. 2. Concept approval for fire station facilities , and setting date for accepting bids Public Safety Director Hacking introduced Mr. Dickey and Mr. Kodet, architects for the fire station facilities. Mr. Kodet displayed graphic illustrations of the proposed fire station facilities and explained that the landscaping is going to be handled by the City of Eden Prairie. Hacking explained that Planner Enger will lay out the plan for the landscaping and the Eden Prairie firemen will donate the labor to do the work involved. MOTION: Bye moved, seconded by Osterholt, to proceed with final plans , specifications and bid documents, set January 6 as the date to advertise for bids, February 1 as the date to receive bids, and February 7 as the date for Council to consider awarding bids. Motion carried unanimously. 69��1 Council Minutes - 9 - Tues. ,November 1 , 1977 C. Report of City Attorney City Attorney Perbi.x explained that the City has received four appeals for special assessments, those being: 1) Ray Welter, 2) Don Rogers, 3) John Rogers, and 4) Mrs. Kutcher. D. Report of City Engineer 1. MTS Company Sign Request City Engineer Jullie spoke to memo dated October 27, 1977. City Attorney Perbix stated if the Council chooses they could grant MTS a license to maintain the signs for an indefinite period of time with the understanding MTS would move them if the City no longer i wants the signs on our property. 0 Paul Strand, Assistant Treasurer for MTS, responded that he would not have any objection to this type of a stipulation. Meyers stated she is pleased to see sign proposals brought before the Council that are well landscaped. MOTION: Bye moved, seconded by Osterholt, to approve the MTS Company sign request and direct the City Attorney to draw up the appropriate agreement. Motion carried unanimously. 2. Final Plat Approval for Meadowood 1st Addition (Vale Woods) City Engineer Jullie spoke to his memo dated October 26, 1'977. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-144, approving the final plat for Meadowood 1st Addition. Motion carried unanimously. 3. Application for Special Assessment deferral for senior citizens City Engineer Jullie spoke to his memo dated October 28, 1977, and answered questions of Council members. MOTION: Osterholt moved, seconded by Bye, to approve the application for special assessment deferral for senior citizens as outlined in memo dated October 28, 1977 from City Engineer Jullie, and that the applicants file a written statement regading their household income status for the City' s records. Motion carried unanimously. 4. Chemical Waste Disposal Site City Engineer Jullie spoke to his memo dated October 28, 1977, suggesting that the Council invite members of the Ad Hoc Advisory Committee to make a presentation before the Council at the next Council meeting. MOTION: Bye moved, seconded by Pauly, to direct staff to draft a strong resolution that the Eden Prairie City Council vehemently opposes the location of a landfill facility for chemical waste within the City of Eden Prairie. Motion carried unanimously. - Dean Edstrom, Chairman of the Development Commission, spoke to resolution adopted by the Commission pertaining to the Chemical r0 Waste Disposal Site being located in Eden Prairie. Council Minutes - 10 - Tues . ,November 1 , 1977 5. Acceptance of Utilities in The Preserve Center Area City Engineer- Jullie spoke to memo dated October 28, 1977, stating that The Preserve will not hold the City responsible for any damage. to the pool . Osterholt recommended that this matter be referred to the City Attorney. MOTION: Osterholt moved, seconded by Pauly, that the City accept the utilities in The Preserve Center area subject to approval of City Attorney relating to protection of potential claim against the City for damage to The Preserve pool . Motion carried unanimously. E. Report of Finance Director 1. Payment of Claims Nos. 7236 - 7359 MOTION: Pauly moved, seconded by Meyers, to approve Payment of m Claims Nos. 7236 - 7359. Roll Call Vote: Pauly, Meyers, Bye, Osterholt and Penzel voted "aye". Motion carried unanimously. 2. Clerk ' s License List MOTION: Meyers moved, seconded by Osterholt, to approve the Clerk's License List dated November 1 , 1977. Motion carried unanimously. 3. Selection of Auditor's for 1977 Audit ` MOTION: Osterholt moved, seconded by Pauly, to accept the recommendation of Finance Director Frane and appoint the George M. Hansen Company to conduct the audit 'or t►e City of Eden Prairie for the year 1977. Motion carried unanimously. VIII . NEW BUSINESS A. Discussion about Community Education Pauly spoke to the proposal that the new curriculum director is presenting to the School Board on a new community education proposal . MOTION: Pauly moved, seconded by Meyers , to direct staff to send a communication to the School Board requesting that the School Board let the Council know what changes are contemplated in the Community Education Program. Pauly and Meyers voted "aye" , Osterholt and Penzel voted "nay" , and Bye abstained. Motion failed. B. Highway #212 Task Force MOTION: Osterholt moved, seconded by Penzel , to appoint Councilwoman Pauly to serve on the Highway #212 Task Force. Osterholt, Penzel ,Bye and Pauly voted "aye",_Meyyers "abstained". Motion carried. C. Discussion on the possibility of having a Consent Calendar on the Council Agenda MOTION: Osterholt moved, seconded by Penzel , to direct the City Attorney I to research the possibility of having a Consent Calendar on the Eden Prairie City Council Agenda. Motion carried unanimously. �9 L9 Council Minutes - 11 - Tues. ,November 1 , 1977 D. Comments by Council members for Councilman Bye to relate to the Metropolitan Airports Commission at meeting being held at Vo-Tech this evening regarding Flying Cloud Airport This item was taken up at the beginning of the Council agenda (page 1). IX. ADJOURNMENT MOTION: Pauly moved, seconded by Bye, to adjourn the Council meeting at 12:35 AM. Motion carried unanimously. i