City Council - 09/10/1974 MINUTES
EDEN PRR4.IRIE CITY COUT:CIL
Tuesday, September 10, 1974 7 : 30 PM, City Hall
COUNCIL MEMBERS: Mayor David W. Osterholt, John
McCulloch, Joan Meyers, Wolfgang
Penzel and Sidney Pauly.
COUNCIL STAFF: City Manager Robert Heinrich, City
Attorney Harlan Perbix, City
Engineer Carl Jullie, City Planner
Dick Putnam, Community Services
Director Marty Jessen, Clerk-
Finance Director John Frane.
Don Schaal presented a colorful film on the City of Eden Prairie.
Mayor Ostencclt thanked him on behalf of the Council. .
Pledge of Allegiance.
Roll Call.
I. MINUTES:
(carried to next meeting)
II. PUBLIC HEARINGS:
A. Smetana Lake Sector Plan. Presentation of various plans
for developement in t e bake Smetana Sector which is
located north of 494, east of 212 - 169 and west of Co.
Rd. 18.
City Manager Robert Heinrich introduced Dick Putnam who
presented the developement of the plans over the past
year. The dominant characteristic of the property is 4
the excavation and graveling which creates a marketable
property for industrial developement and warehousing.
The area is devoid of community services, schools, parks,
etc . The basic concern now is with the extent of the
graveling and how the surrounding area will be effected.
Putnam presented figures from the Maculan Report which
showed an even balance of industrial and residential
areas , figures from the 1968 Guide Plan which proposed
heavy industrial developement and figures from the
Composite plan which favored industrial developement
and left larger areas of open space. The Planning
Commission is concerned about any developement which
will cause traffic congestion. Neither plan offers a
solution to that problem. He summarized by emphasizing
the need for industry �o balance the tax base, the
maintenance of scenic areas and the traffic priblems.
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II . PUBLIC HEARINGS:
A. (continued)
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fit Pauly asked if the Planning Commission had voted in favor
of the Composite Plan. Putnam said they had ; but, the
traffic problem was not resolved enough for a full. vote.
Bill Pearson approves the Composite Plan but is concerned
over the loss of oak trees from oak wilt and the extension
of the lake, which would cut his property from 100 to
approxima rely 58 acres.
Penzel said that the Park and Recreation Commission is
concerned that the areas along the creek be protected.
Osterholt asked if restrictions could be placed on the .
extent of graveling. Perbix suggested possible limits
of heights, in relation to the creek boundaries.
Larry Griffith, representative for Helle, urged action
on the proposed plan as an amendment to the Comprehensive
Plan and later action on each parcel as developement is
begun.
Don Sorenson spoke against any plan that generated more
traffic congestion. He spoke in favor of maintaining
acenic areas and preserving the heritage of the land. _
Frank Cardarelle spoke in favor of adopting a plan so
orderly developement could be started.
Motion by Pauly, seconded by Penzel, that the City staff
and City attorney draft recommendations for a resolution
incorporating the plan as an amendment to the City
Comprehensive Plan and study the traffic problem
and continue to September 24 meeting. Motion carried
unanimously.
B. Setback, discussion of proposed amendment to the setback
requirements in rc 3-narice No . 135. 1He ordinance. will
amend Ordinance No. 135 and provide for field variances
of minimum setback requirements for detached single
family residential dwelling units by the Chief Building
Inspector.
Tony Hirt of the Board of Appeals spoke to section 2
saying he felt that a reduction of 50% of the minimum
setback was too much and he favored 20% as a figure. He
asked that lots on cal de sacs be added to the list of
descriptions in paragraph 1 , after "corner lots". He
added that at least 3 of the criteria should be met before
authorization by the Chief Building Inspector.
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II, PUBLIC HE RINGS:
B. ( continued)
Er. Sorenson stated the variances should be stated in
terms of feet, not percentage. He favored placing the
discretion with the Board of Appeals instead of with the
building inspector and asked that the term "abutting
property o:•mers" be clarified.
Mayor Osterholt suggested that the term "not common
o%Tnership" be used.
Motion by Meyers, seconded by Penzel, that the Ordinance
be referred to the Staff for changes in sections 2 and 5,
specifically, the percent of variance , the compliance
to at least three criteria and clarifying the term
"abutting property owners" , and that point 7 be added
to clarify 17. 5b of Ordinance Ho . 135,
and continue to September 24 meeting, Motion
carried unanimously.
C. Bruce Hubbard , warehouse project located north of
Flying Cloud Drive in the Smetana Lake Sector. Request
for rezoning from Highway-Commercial and Rural to 1-2
Park for construction of individual storage warehouse
space.
Mr. Hubbard presented his request based on plans to
build individual warehouse space, and Parcel A to be
used by Mr. Brill for a kennel.
Pauly asked if there would be problems .in policing the
area, Mr. Hubbard will have a resident manager to care
for the grounds.
Meyers was concerned that it was located at the entrance
to the community and that it should be properly screened
and kept attractive.
Putnam said that the rear of the building made of brick
would face the road.
Mayor Osterholt asked if this would be considered as
interim use. Mr. Hubbard assured him that it would be
a permanent structure,
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Motion by Meyers, seconded by Penzel , to refer the use
charge to the ' .. and Staff and continue
to Septem- ber 24 meeting. Motion carried unanimously.
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II . PUBLIC HEARINGS:
D. Eden Farms. PUD 73-01 , consideration of rezoning Eden
It Farris from PUD 73-01 to Rural because the terms and
conditions of the PUD agreement have not been rnet.
Motion by Penzel, seconded by McCulloch, to approve the
first reading of Ordinance No 272 approving rezoning from
PUD 73-01 to Rural. Motion carried unanimously.
Motion by Penzel, seconded by Meyers, to adopt a
resolution repealing Ordinance No. 203 and Resolutions
No. 641 and No . 666 which granted the PUD concept approval.
Motion carried unanimously.
III. PETITIONS , REQUESTS AND COMMUNICATIONS:
A. Communication from Minnetonka Community Services.
Motion by Penzel, seconded by McCulloch, to receive and
file. Motion carried unanimously.
B. Communication from John Suback regarding time to begin
construction of restaurant.
:Motion by Pauly, seconded by McCulloch, to grant a six
month extension fos- the beginning of construction, all j
other conditions in the resolution to remain the sane.
Pauly, Penzel, McCulloch and Osterholt voted aye. Meyers
voted naye. Motion carried.
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C . Petition from homeowners on Kingston Drive regarding
traffic speed on that street.
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Penzel suggested that the staff repeat a traffic count
on Kingston Drive.
Motion by McCulloch, seconded by Penzel, to refer the
petition to -the City Manager for a report at the September
24 meeting. Motion carried unanimously. i
IV. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
A. Report of Councilman Penzel :
1 . Discussion of Goals and Purposes of South Hennepin
Human Services Council .
Motion by Meyers, seconded by McCulloch, to accept the
report. Motion carried unanimously.
2 . Neighborhood Facilities Study.
Penzel reported the Park and Recreation Commission
requests a meeting with the Council on September 16.
;Motion by Penzel, seconded by Pauly, that the Council
meet with the Commission on September 16. Motion
carried unanimously.
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IV. REPORTS OF OFFICERS, BOARDS AND COY&.IISSIONS:
C. Report of Councilman McCulloch:
1 . Report of activities of the Board of Appeals and
Adjustments . ( covered under Public Hearings)
E. Report of City Engineer :
3 . Discussion of right-of-way and construction ease-
ments on Ring Road project relating to D.V. Anderson
property.
Jullie presented a memo proposing additonal acreage
along Franlo Road and future Preserve Blvd. for the
use of right hand turns; and sloping and removal of
9, 000 cubic yards of fill that was needed on the
Ring Road project. The proposed reimbursement for
the easements is $3500, the cost of the fill would be
$18, 900. He added that the owners of the property
had requested defer orient of assessments until the
time of rezoning, bud that he had not responded to
the request.
Mr. Robert Silverman, attorney for the Andersons,
stated the 22 factors for consideration - the taking
of property in lieu of condemnation, and the unique
situation of heritage property not intended for
OL developement or speculation.
Mr. Heinrich suggested a short time limit on rezoning
to discourage any speculation.
Mr. Perbix advised the Council to presume on the
client to get right of entry on property and not
force action at this time, but rather wait until the
assessment hearing to act. He added that he agreed
with the other proposals in the memo .
Motion by Meyers, seconded by Penzel, that the
attorney be instructed to initiate condemnation
procedures against the property and secure right of
entry based on points 1 , 2, and 3 of the engineer' s
memo, and continue negotiations toward a favorable
conclusion. Meyers, Penzel and McCulloch voted aye.
Pauly and Osterholt voted naye. Motion carried.
5. Receive feasibility report for sewer and water
projects in the hochanburn Addition and adjoining
areas.
Mr. Jullie introduced Mr. David Husby who presented
the report to the Council. He cited comparative
costs of the complete and reduced projects.
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IV_ REPORTS OF OFFICERS, BO.�RD3S CILND COMMISSIONS:
B. Report of the City :engineer:
5. (continued)
Meyers noted that in the reduced project the sewer
service was left out in some areas , and asked if the
water mains could be left out, also. Mr. Husby agreed
that those mains could be left out at this time. 1Iis
proposal that Chanhassen pay a lump sum of between
$50, 000 and $150,000 for the use of the sewer system
was discussed.
Motion by Meyers, seconded by Penzel, that the Council
receive the report and instruct the staff to initiate
discussion with Chanhassen on the project and report #
back at the September 24 meeting. Motion carried
unanimously.
VI. ADJOURkrMENT:
Motion by Pauly, seconded by McCulloch, that this meeting be
adjourned to 4:00 PM, September 11 . Motion carried. The
meeting adjourned at 1 :00 ATM.
The adjourned meeting was celled to order at 4:07 PM,
September 1 1 , by Joan :Meyers. Mayor Osterholt- and John
McCulloch were absent. ?
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IV. REPORTS OF OFFICERS. BOARDS AND COMMISSIONS:
E. Report of the City Engineer:
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4. Review land division request from Mrs. Alma Good,
9755 Spring Road.
Motion by Pauly, seconded by Penzel, that the request
be granted, pending agreement of the property o:mer
to put a driveway in to Spring Road. Motion carried
unanimously.
D. Report of Director of Community Services:
1 . Consideration of Contractual Agreement with C. R.
Pelton & Associates to provide Relocation Assistance
in parkland acquisition taking place at Anderson Lakes
Park.
Penzel noted there were no provisions made for
relocation assistance to businesses. It was agreed
that this could by accomplished by striking all
references to family, housing, and residential.
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Meyers suggested deleting phrase "for not less than
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five families".
itt REPORTS OF OFFICERS,°OrRDS AND CO-NNISSIONS:
(AW D. Report of Directcr of Community Services:
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1 . (continued)
Hayor Osterholt arrived and ;irs. Heyers turned the chair over to
ham.
Hotion by Penze► , seconded by Pauly, to enter into a contractual
agreement with C. R. Pelton & Associates as amended, provided •it
meets with the approval of the City Attorney. Motion carried
unanimously.
B. Report of Councilwoman Meyers:
1 . Discussion of Hajor Center Area Report.
(carried to September 24 meeting)
F. Report of City Hanager: ,
1 . Discussion of 1975 Budget.
t;otion by Penzel , seconded by Pauly, that the budget be received
and studied. Hotion carried unanimously.
E. Report of City Engineer:4L
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1 . Discussion of special assessment policies for sanitary sewer,
watermain, storm sewer and street improvements.
The per-acre rate for sewer and water trunk assessments should
be increased to $1 5O0 to reflect a 10% increase in sewer
construction as reported by the Engineering Mews Record from
1972 to 1974 and at least a 20% increase in watermain pipe costs
as reported by Jullie.
Penzel asked why this year "1977" was used in the extending of
option of deferred payments or trunk assessments. Jullie said
that it has been anticipated that there will be a complete re-
viewal of the trunk financing program at that time.
The terminalogy of Section II was discussed, t4ayor Osterholt
suggested the term "area collection" be used in place of "sub-
trunk".
the lateral rates for the year of connections shall apply for
lateral benefits from trunks.
Credits for trunk lines built by developers are to be approved
by the City Council .
The 25% credit referred to in Section III of the 9/6/74 policies
shall apply only to those lots used for homesteaded single family
residential purposes and developed (building permit issued) prior
to June 22, 1971 .
The full cost of new parkways shall be paid by abutting properties.
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Properties to be assessed for trunk benefits ovned by re-
ligious institutional orgainza tions shall be assessed $520
per 4" seder and l" rater service provided, except that the
buildable acreage in excess of 15 arces shall be assessed at
the per-acre rate.
Discussion of tha special assessment policies draft dated 9/6/74 was
continued to 9/24/74 Council meeting.
E. Report of City Engineer:
2. Resolutions for 1974 Special Assessments.
Motion by Penzel , seconded by Pauly, to adopt Resolution No. 895
declaring costs to be assessed and ordering preparation of 1974
special assessment roll . Notion carried unanimously. '
Motion by Pauly, seconded by Perizel , to adopt Resolution No. 897
calling for a gearing on the proposed 1974 special assessments
for October 1, 1974 and October 2, 1974, for the Ring Road
Project Phase I assesment. Motion carried unanimously.
ADJOUP31ME JT:
Motion by Penzel , seconded by Pauly, to adjourn this meeting. Notion
carried unanimously. The meeting adjourned at 7:45 PH.
Ruth Lee, Deputy Clerk �