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HomeMy WebLinkAboutCity Council - 08/01/1978 APPOVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 1, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; City Engineer Carl Jullie, and Joyce Provo, Recording Secretary INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE k OLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Osterholt moved, seconded by Meyers, to approve the Council Agenda as published. Motion carried unanimously. II. MINUTES OF THE COUNCIL MEETINGS HELD WEDNESDAY, JULY 5, 1978, AND TUESDAY, JULY 18, 1978 July 5th Minutes• Pg• 4, 1st para. , 2nd line, strike "park" and insert "church Pg. 5, 4th paragraph, 1st line, strike "Bloomington" and insert "representing Prairie Pg. 7, 6th paragraph, 4th line, strike "piece" and insert "pipe MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Council meeting held Wednesday, July 5, 1978, as amended and published. Motion carried unanimously. July 184L-.h Minutes: Pg. 5, 7th paragraph, 2nd line, strike "signs" and insert "signals", and in the 3rd line, strike "160" and insert "169" . MOTION: Pauly moved, seconded by Bye, to approve the minutes of the Council meeting held Tuesday, July 18, 1978, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR 1 A. Payment of Claims Nos. 10936 - 1093 _ B. Clerk's. License List III . CONSENT CALENDAR (continued) C. Set Public Hearing for Bluff's West 2nd Addition for September 5, 1978 !� D. Set Public Hearing for transportation alternatives for northwest corner of Trunk Highway 5 and County Road 4 for August 15, 1978 Luther Way, Heritage Road, West 72nd Street. , proposed Valley View Road) E. A rove plans and specifications and order advertisement for bids for public improvements in Crosstown Industrial Park, I .C. 51-329 Resolution No. 78-138 _ f F. Receive 100% petition and order preparation of plans and sp ecifications for streets and utilities in Lake Trail Estates F 'Resolution No. 78-140 z MOTION: Osterholt moved, seconded by Pauly, to approve items A - F on the Consent Calendar. Roll Call Vote: Osterholt, Pauly, Bye, Meyers and Penzel voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Vacating a portion of Lakeland Terrace (Resolution No. 78-137) City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and referred to the petition received from the property owner, Mrs . Ruth Johnson, who is the owner of the property abutting this cul-de-sac. City Engineer Jullie outlined the area by graphic illustrations, explaining there are no other parcels which abut the area to be vacated or depend on that cul-de-sac for access, and he, therefore, can see no problem with vacating this portion of Lakeland Terrace. MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 78-137, vacating part of Tract U, RLS #783 (Lakeland Terrace) . Motion carried unanimously. j 1 MOTION: Meyers moved, seconded by Osterholt, to approve the revised RLS #783,dated July 28, 1978, for Ruth Johnson, which combines tracts Q, S and T. Motion carried unanimously. B. Creekside Heights, request by Hustad Development and Mr. Peterson for rezoning from Rural and I-2 Park to R1-13.5 and I-2 Park for 27 single family lots with variances, 1 industrial lot. I existing single family home; and preliminary plat approval City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing. The proponents have appeared before the Planning Commission and the Parks, Recreation & Natural Resources Commission, and notices have been sent to all affected and abutting property owners on file. Dick Putnam, Hustad Development Corporation, spoke to the proposal C for 27 single family homes, explaining the intent is for housing slightly under $39,000 to $49,000. Further that garages would not be required Y. B. Creekside Heights (continued) at this time, but could be added as the owners wish at a later date. The request for rezoning for l industrial lot would be for Mr. Roy Peterson for his business. Mr. Al Schrader, President of Hart Homes, and Steve Heineman, Manager of Modular Homes for Hart Homes, spoke to the proposed project and answered questions of Council members, City Planner Enger explained this item was considered at the 6/26/78 Planning Commission and was approved on a 3 - 1 vote, and was also considered at the 7/17/78 Parks, Recreation & natural Resources Commission and was approved on a 3 - 1 vote. Enger outlined the recommendations of the Planning Commission and Staff Report dated 6/22/78 and answered questions of Council members. Putnam stated Hustad will dedicate the entire open space in the original PUD. Meyers questioned if this project has been entered in the competition and, if not, will they be able to. Putnam explained after they received a favorable recommendation from the Planning Commission they went ahead and applied, and after the Counci 1 's decision this evening they will either proceed or withdraw from the corapetition. If the project is approved by the Council , the proponents would like to ask if two of the homes could be put up between now and August 15, 1978. Osterholt questioned why the previous plan for this area was abandoned. Putnam explained the previous plan was for industrial . One of the reasons the previous plan was abandoned was because of the alignment of the road which takes away the visibility, and also office and industrial in this part of town has been slow. Pauly stated the Council is being asked to give some variances to allow for smaller lots to provide for this housing, and she would feel alot more comfortable if there were some way to enforce the affordability of this housing. Enger explained in his conversations with the proponents they are not adverse to binding themselves to the information supplied. Pauly further asked if Hustad would commit that they will not put additional small lot modular homes in the immediate area . Putnam explained if the Council includes this as part of the approval , he would agree to that restriction. Bye commented that Eden Prairie has a commitment to lower cost housing, but all of the Council questions concern themselves as. to the fact we want it to work. Osterholt asked for an explanation of the industrial lot. Enger explained that the single family home and the area to the south is owned by Mr. Peterson at this point. Further that Mr. Putnam and Mr. Peterson did come into the City offices back in December and discussed that Mr. Peterson would like. to purchase the property and would like to operate his plumbing business in his home anticipating construction. Mr. Enger advised Mr. Peterson at that time he could not give approval to this, and told him it was in conflict to the City's existing ordinances . The staff is aware that Mr. Peterson went ahea and- is operating the business. Enger commented Staff and the Planning B. Creekside Heights (continued) Commission is very concerned about how this small lot subdivision will relate to the industrial to the west and feels a significant screening plan must be submitted and undertaken, and that much of it should be done with the overall grading of the single family plan. Osterholt asked Mr. Peterson if he was aware he was in violation of City ordinances. Mr. Peterson answered he was aware, however, he had lost a lease and was in a real bind as to what to do. Peterson further stated he would prefer to build an industrial building rather than doing business from the home presently in existence. The Petersons would like to stay in the house and put up screening as required. MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-37, rezoning from Rural and I-2 Park to R1-13.5 for 27 single family lots with variances, and rezoning from Rural to I-2 Park for one industrial lot leaving the existing home in the Rural category. Motion carried unanimously. K MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 78-133, approving the preliminary plat for Creekside Heights . Motion carried unanimously. a MOTION: Pauly moved, seconded by Meyers, to direct the City Attorney to draft a developers agreement incorporating recommendations of the Planning Staff Report dated 6/22/78 as modified by the Planning Commission, Planning Commission recommendations of 6/26/78, the Parks, Recreation & Natural Resources Commission recommendations of 7/17/78, that Hustad Development Corporation agree to the 20% under $40,000 and 80% under $50,000, that Hustad's commit to not develop the land east in small lot low cost housing up to Creek Knoll Road, that Outlot A be expanded to include the open space designated in the original PUD of approximately 10 total acres, and that credit for this entire open space be applied to Creekside Heights only, and that Mr. Peterson commit not to subdivide his Rural residential parcel . Motion carried unanimously. C. C.P.T. Corporation Headquarters, request from C.P.T. for rezoning from Rural to I-5 Park on 30 acres located in the northwest corner of Scenic Heights Road and Mitchell Road for a corporate headquarters City Manager Ulstad explained there is an affidavit on file calling for this Public Hearing, and that the proponents have appeared before the Planning Commission and the Parks , Recreation & Natural Resources Commission. Further that notices have been sent to all affected and abutting property owners on file. Robert Knutson, Director and Legal Counsel for C.P.T. Corporation, and Dick Olson, Architectural Alliance, spoke to the proposal and answered questions of Council members . City Planner Enger explained that this item was considered at the 7/10/78 Planning Commission and was approved 5 - 0 with one abstention, subject to the Planning Staff Report dated 6/30/78. Further that the Planning Commission did recommend rezoning of the entire parcel to I-5 Park. The Parks , Recreation & Natural Resources Commission met on this item 7/17/78 and it was approved 4 - 1 . Enger explained that the Watershed District considered C. C.P.T. Corporation (continued) this proposal on 7/13/78 and did note that the pond would be considered public waters and all setbacks from the pond and elevations above the pond would have to be conformed with. anger further noted that he has received a communication from the Highway Department and based on the information the City supplied them regarding this site, the Highway Department finds this proposal within their preferred alternative corridor for Highway #212. Meyers questioned if there might be further additions on this parcel . Mr. Knutson responded there may be further additions, but it would be in the distant future. Mr. Knutson further stated one of the reasons they want to buy a good size piece of property is so they won't have to keep moving. Ted Johnson, 8351 Mitchell Road, representing Atherton Homeowners Assocation, read from a prepared statement. (Attached as part of minutes). Don Zupan, 8210 Hiawatha, spoke in favor of the C.P.T. proposal , commenting he would like to see no development, but is realistic and feels this would be better than a higher density. Mr. Peterson, 8357 Mitchell Road, spoke in opposition to the proposal , stating that he came to Eden Prairie because of the comprehensive plan which he felt would be adhered to. He feels before C.P.T. is considered, that the City should wait until the update of the Guide Plan is approved. Mr. Peterson further questionedwhen the park in this area will be started. Mr. Ulstad replied next Spring at the earliest. Torn McIntosh, 8323 Hiawatha Avenue, questioned the amount of traffic which would be anticipated to have access to Scenic Heights Road-. City Engineer Jul l ie explained the road in question would be for a limited parking area of approximately 30 cars. Gene Schnabel, 8221 Hiawatha Circle, asked what type of access will there be to the parking lot of the expanded proposed parking area, and what type of procedures are there to insure citizens that the expansion is taking place. Penzel replied the expansion is not being considered this evening, and a Public Hearing notice will be sent to all abutting and affected property owners when this occurs. MOTION: Osterholt moved, seconded by Meyers, to close the Public Hearing and give a 1st Reading to Ordinance No. 78-38, rezoning from Rural to I-5 Park for C.P.T. Corporation_ Osterholt, Meyers, Pauly and Penzel voted "aye" , Bye "abstained" . Motion carried. MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney to draft a developers agreement including the recommendations of the Planning Commission and Staff Report dated 6/30/78 with following amendments: Item l to read: "1 . Rezoning from Rural to I-5 Park should be granted for the 30 acre parcel but that future expansion of the building will be reviewed by the Commissions and Council prior to further construction." Item 3 to include "that plantings included in brochure shall include "evergreens", and in addition, that,C.P.T. attempt to accommodate the Highway #212 corri dor k Meyers , Osterholt, Pauly and Penzel voted "aye", Bye "abstained" . Motion carried. D. Gelco Corporation PUD, request for PUD approval of Stages II - V on 16 acres and the existing zoned 24 acres; rq?9pinj of Stages II - V from I-5 Park to Office City Manager Ulstad explained there is an affidavit on file calling for this Public Nearing, and the proponents have appeared before the Planning Commission and the Parks , Recreation & Natural Resources Commission. Ray Geiger, Leonard Parker Associates, and Emerson Greenberg, Gelco Corporation, spoke to the proposal and answered questions of Council members. City Planner Enger spoke to the recommendations of the Planning Commission, whereby the 6 members present granted unanimous approval . Enger further explained that the Parks, Recreation &Natural Resources Commission approved the proposal on a 4 - 1 vote at their July 17, 1978 meeting,with the exception that the Stage II building be limited specifically to 3 stories, and that Stages III through V buildings be limited to 5 stories. Enger stated he does not have the specific information on the Anderson Lakes water level regarding the concern expressed at the Parks, Recreation & Natural Resources Commission that the lake level appeared to be going down. The Watershed District has taken monthly elevations on the lake since 1960 and they say the lake was at a low in January of this year, however, the level is coming up at this point . Meyers suggested plantings be required along the southerly boundary now. Mr. Greenberg stated he would be willing to adhere to this .. requirement, and that Gelco is looking to soften the impact from across the lake. Dave Nubred, 8056 Ensign Road, expressed his concern about the affects , of this proposal on Anderson Lakes and that considering the tremendous amount of rainfall the lake should be up and it is not. Geneva Middleton, 9411 Timber Trail ,also expressed concern about the water level of Anderson Lakes explaining if the lake is coming up, it should have come up faster. Mrs. Middleton spoke to discrepancies she feels have been made in the Environmental Assessment Worksheet. The traffic problem also is becoming increasingly bad and pollution is caused by this traffic Mrs . Middleton commented. City Engineer Jullie explained there is a requirement by the Pollution Control Agency that a discharge permit is required when traffic volumes reach a certain stage. Mrs. Carr, 8100 Ensign Road, commented that the wild geese are almost gone from Anderson Lakes, and she cannot understand why Eden Prairie is not concerned about Anderson Lakes as every lake is very high right now and Anderson Lakes is not. Lyman Olson, 8016 Ensign Road, explained when he thinks of traffic he thinks of West 78th Street, and he is concerned about future traffic which will be generated by this proposal , the Bachman Anderson proposal , and also the other proposal in Bloomington. D. Gelco Corporation (continued) City Engineer .Jullie explained the City has recently developed a proposed transportation program abd in that program a major element l to be constructed in fall of 1980 would be a connection of Schooner Boulevard to Highway #494 with a ramp system. The other improvement, which is scheduled for late next fall , would be the upgrading of County Road #18 and Highway #494 interchange to tie West 78th Street into the exit ramp to Highway #494. Maurice Moe, 9441 Timber Trail , suggested the Council look into this proposal more thoroughly before any construction is allowed. George Bentley, 10800 Fieldcrest Road, asked the Council not to approve the proposal for Phases III, IV and V at this time. Mr. Bentley also requested continuation of this item to a later date. Guy Bovi , 8108 Ensign Curve, asked about the Shoreline Management Act. Mr. Enger explained that a first reading was given to the Shoreline Management Act about six weeks ago, and the City did not receive the Shoreline Management Act in the present form until the first part of this year. Mr. Greenberg explained Gelco has an Environmental Impact Statement which they filed some years ago. Gelco's Environmental Assessment Worksheet and two Environmental Impact Statements should put them in compliance according to Mr. Greenberg. rr Mrs . Middleton explained the Anderson Lakes Property Owners Association l _ is asking that Gelco be included as a related action with' Bachman Anderson in the Environmental Impact Statement, MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and give a lst Reading to Ordinance No. 78-39, rezoning of Stages 1I - V from I-5 Park to Office for multi-story approval rather than any specific building height for Gelco Corporation. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-134, granting PUD approval for Stages II-V for Gelco Corporation. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers, to direct the City Attorney to draft a developers agreement incorporating recommendations of the July 7, 1978 Staff Report with the exception that the multi-story approval not be given for a specific number of stories, but rather each building would be reviewed at the time of the request for approval , and that all landscaping be done along the water at this time. Motion carried unanimously. MOTION: Osterholt moved, seconded by Bye, to direct Staff to check the water level at Anderson Lakes and clarify communications with the Watershed District. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. Osterholt moved, seconded by Bye, to continue past the 11 :30 PM adjournment time. Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-34, Amsden Hills IV, The Preserve, rezoning from Rural to RM 6.5 for_ 10 duplex lots on 'S acres and-developers agreement j T Lee Johnson, The Preserve, spoke to initialed changes they have made, and requested of the Council to accept these changes . Osterholt stated he is disappointed that the deer corridor has been destroyed. MOTION: Osterholt moved, seconded by Meyers , that the developers agreement be put back into the original form as drawn up by the City, not to include changes from The Preserve. Motion carried unanimously. Council directed the City Attorney to insert language appropriate for Lots A & D in the developers agreement, and to incorporate plat of Amsden Hills Third Addition. MOTION: Osterholt moved, seconded by Pauly, to approve the developers agreement for Amsden Hills IV, The Preserve, with appropriate changes to be made by the City Attorney. Motion carried unanimously. Mr. Johnson requested of the Council that item 18 be spread over the rest of the lots . Council asked that this item be worked out with the City Engineer. MOTION: Meyers moved, seconded by Bye, to adopt the 2nd Reading of Ordinance No. 78-34, A:nsden Hills IV, The Preserve, rezoning from Rural to RM 6. 5 for 10 duplex lots on 5 acres and to withhold publication of the ordinance contingent on the signing of the developers agreement. Motion carried unanimously. B. 2nd Reading of Ordinance No. 78-35, Norman Addition by Norman Clark & Dirlam Properties, rezoning from Rural to R1-13.5 for 6. 5 acres into 13 lots and developers agreement MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of Ordinance No. 78-35, Norman Addition by Norman Clark & Dirlam Properties, rezoning from Rural to R1-13.5 for 6.5 acres into 13 lots. Motion carried unanimously. MOTION: Pauly moved, seconded by Bye, to approve the developers agreement for Norman Addition by Norman Clark & Dirlam Properties. Motion carried unanimously. C. 2nd Reading of Ordinance No. 78-30, rezonin from Rural to R1-13.5 and RM 6.5 and 21 single family and 7 duplex lots Darkenwald, and developers agreement ! '� MOTION: Merholt moved, seconded by Bye, to adopt the 2nd Reading to Ordinance No. 78-30, rezoning from Rural to R1-13.5 and RM 6.5 and 21 single family and 7 'duplex lots for Darkenwald. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to approve the developers agreement for Darkenwald. Motion carried unanimously. i D. 2nd Reading of Ordinance_ No. 78-27 , rezoning from Rural to R1-13.5 for 13 single family lots a roximately 8�.5 acres for Tamarac Addition by Edenvale, Inc. , and devel ooers agreement_ MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd Reading of Ordinance No. 78-27, rezoning from Rural to R1-13.5 for 13 single family lots on approximately 8.5 acres for Tamarac Addition by Edenvale, Inc. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the developers agreement for Tamarac Addition by Edenvale, Inc. Motion carried unanimously. VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. poi ntments of 7 members to the Fl yi n4 Cloud Airport Advi snry Commission of Eden Prairie (three for a three year term, and two for a two year term, and two for a term of one year - consisting of at least one member to be appointed by the Chairman of MAC, at least two representatives of the Flying Cloud Businessmen' s Association, and four other members to be appointed by the w Mayor with the approval of the Council ) Mayor Penzel referred to communication from the Metropolitan Airports Commission naming their representative on this Commission and also two alternates as follows: Claude Schmidt as MAC' s representative, and Ed McGaa and Jeff Hamiel as alternates. Mayor Penzel recommended appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie as fol lows: Sally Brown - 1 year term Sidney Pauly - 1 year term Kent Barker - 2 year term Les Lewis - 2 year term William Gi l k - 3 year term Norma Schee - 3 year term Claude Schmidt - 3 year term (Alternates Ed McGaa and Jeff Hami el ) MOTION: Osterholt moved, seconded by Bye, to approve the recommendations of Mayor Penzel as appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie. Motion carried unanimously. Tom Jensen, 9806 Crestwood Terrace, expressed his desire to the Council to be a member of this Commission noting that he does not want jets flying out of Flying Cloud Airport. Mr. Jensen feels he would be a good representative on this Commission from the community. B. Report of City Manager 1. Communication from the School pistrict on Community Education. meeting for August 1.0, 1978 Councilman Bye volunteered to attend this meeting. C. '- Report of City Attorney No reports. D. Report of City Engineer � 1. Consider bids for sanitary sewer improvements on Eden Road, I. C. 51-320 P MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-136, awarding the bid for sanitary sewer improvements on Eden Road, I.C. 51-320 to Northdale Construction Company, the low responsible bidder, in the amount of $95,275.00. Roll Call Vote: Meyers, Osterholt, , Bye, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Final _ pl at approval for Amsden Hsi l l s 3rd MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-139, approving the final plat of Amsden Hills Third Addition. Motion carried unanimously. VIII . NEW BUSINESS A. Bachman Anderson - A request was made by the Council that Staff prepare a resolution for the next Council meeting regarding the Councils opposition to an Environmental Impact Statement for the Bachman Anderson proposal . Further direction was given to City Planner Enger to check with the Environmental Quality Board as to when this resolution should be presented, i .e. . at the August 24, 1978 EQB meeting to be held at the Eden Prairie City Hall . IX. ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1 :20 AM. Motion carried unanimously. To: City of Eden Prairie Council y We the residents of Atherton Town Houses located at the corner of Mitchell Road and Chestnut Drive in Eden Prairie object to the re- zoning of the land northwest of the corner of Mitchell Road and Scenic Heights Road for the following reasons: 1. The re-zoning to industrial of this site, only one half block from our homes, is not in keeping with the zoning plan in effect at the time of our purchase. 2. Mitchell Road and Scenic Heights are both school bus routes and the small children wait for their buses there. The present traffice count is heavy - often With excessive speed. The increased congestion in- creases the danger for the children. 4 f 3. The traffic congestion is presently a problem between 7:30 and 8:30 a.m. because the plant entrance from Mitchell Road is East bound at about the same location as the pro- ;? posed entrance West bound. 4. We feel our city has many areas of cn, ercially zoned un- developed property that could be used by this company. Without moving into a residential area. We also feel �.. that by re-zoning this plot, a president will have been iW established for land East of this location. S. The congestion between 5:00 and 6:00 p.m. on Highway 5 and Mitchell Road would become even more difficult. At times it backs up more than a mile now. 6. During the early morning hours Mitchell Road is so con- gested that in the event of a fire or other emergency the equipment would have a difficult time leaving the fire station. The addition of this plant would further compound the problem. 7. Regardless of care, the attractiveness of the plant, or the consideration of the management, a factory across the street from our homes will not be a benefit to our part of the community. We need a place for our children to play. A park would be a great help. We feel that the same kind of encouragement given to a residential developer could result in a residential development in the area, and' could be a benefit to us. The bike paths along Scenic Heights Road are appreciated. We need more of this type of support, and we don't think the addition of Industrial neighbors will be a benefit. x Page 2 You have the petitions from Atherton. and Hipps areas. We represent more than 100 families that feel strongly about this issue, and if the city finds it necessary to follow through on the zoning Cosa- 's mission's recommendation and ignore us competely we will continue our struggle to be heard. ATHERTON HOM ASSOCIATION T. D. Johnson 8351 Mitchell Road Eden Prairie, Minnesota 941-2845 1 f