City Council - 02/25/1975 MINUTES CORRECTED
EDEN PRAIRIE CITY COUNCIL
"UESDAY, FEBRUARY 25 , 1975 7:30 PM, CITY HALL
--:UNCIL 14124BERS : Mayor D. W . Osterholt, William Bye ,
Joan Meyers, Sidney Pauly, and
Wolfgang Penzel
COUNCIL STAFF PRESENT: Acting City Manager John D. Frane ;
City Attorney Harlan Perbix; Planner
Dick Putnam; Director of Community
Services ?tarty Jessen; and Engineer
Carl Jullie
INVOCATION — Given by Mayor Osterholt }
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PLEDGE OF ALLEGIANCE
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ROLL CALL — Joan Meyers Absent
I. MINUTES: 41
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A . Minutes of the Regular Meeting held January 28, 1975 • 4
Pg. 4, last line , strike "suitable" insert "suitability".
Pg. 59 B.1. , correct "Tangenan" to "Tangen".
Pg. 7, E.2. , delete "pressure" and substitute "flow" .
Pg. 7, E.2. , correct February 1128" to 1125".
Pg, 8, E.3 . , delete "be under water" insert "not be on
solid ground" .
Penzel moved to approve minutes as published and corrected,
Pauly seconded. Motion carried unanimously.
B. Minutes of the Regular Meeting held February 4, 1975.
Penzel moved to approve as published, Bye seconded.
Motion carried unanimously.
C. Minutes of the Regular Meeting held February 11, 1975 .
Penzel moved to approve minutes as published and corrected,
Bye seconded. Motion carried unanimously.
II. PUBLIC HEARINGS:
A. Red Rock Hills PUD by John Houston requesting rezoning
ram ura o . 5 and preliminary pla%o approval for
approximately 80—s.f. lots.
Pauly moved to continue to March 4s 1975 meeting, and to give Park
and Recreation Commission time to review preliminary plat and make recommendations,
Penzel seconded . Motion carried unanimously.
Minutes , -2- February 25, 1975
PUBLIC HF-MRINGS : ( Contd.)
B. 4/5 Mini-Sector Study_, land use and transportation study
for about >>u acres surrounding the County Road 4/T.H. 5
intersection.
Messrs. Putnam and Jullie responded to a number of questions
by Council Members regarding people's feelings concerning
upgrading T.H. 5 , timing of safety measures , opening of 212,
present zoning on the four corners, etc.
Mr. Mike Eames stated that he attended the State Hgwy. Dept.
Public Hearing in Chanhassen regarding the proposed safety
ieasures for Hgwy. 5.
Mr. Lance Norderhus questioned Mrs. Meyers comment on zoning
in Planning/Zoning Commission Minutes. Mrs. Meyers was not
present to respond. g
Mr. Dell Einess stated he was gratified study team recognized
throughout -their report the existing zoning.
Mr. Mark Baumann asked what the Council was acting on this
evening and Mayor Osterholt explained to adopt study for
drafting resolution to amend the Comprehensive Guide Plan.
Mr. Perbix suggested drafting a resolution trying to capture
the "sense of the Council" .
Pauly moved to direct City Attorney to draft resolution for
presentation at March 4, 1975 Council meeting and continue
public hearing. Penzel seconded. Osterholt, Pauly and Penzel
voted "Aye" , Bye voted "Nay" . Motion carried.
C. Family Care and Group Homes
Considerable discussion followed Mr. Frane' s presentation
of this matter and Mr. Putnam explained various terms and
conditions of Ord-inance .
Penzel moved to approve first reading of Ordinance 289 and
• instruct staff to do following modifications prior to second
reading : (1) modify title (2) Make recommended changes under
"Family" section (3 ) delete- all references to "Group Care"
and requirements (4) list type of homes ( 5) take to Human
Ri hts Commission for their help in drafting Ordinance
( 5 change family to not more than 6 under trained supervision
of two or more adults ( 6) clarify "disadvantaged". Pauly
seconded. Motion carried unanimously.
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Minutes -3- February 259 1975
w-r . PUBLIC IIEARINGS : (Contd. )
D. Linden Pond, by Edenvale, Inc. , requesting . rezoning to R1-13 .5
or the single family area, preliminary plat approval ( for 27
s.f.. lots on 11.8 ac. , and 80 multiple units 8.2 ac. ) and
approval on Outlot R lying north of the single family area.
The site is located in Edenvale ' s northv7est area.
Council members ouestioned Mr. Peterson regarding density,
surfaces of trails, completion of Woodland Road, etc.
Penzel moved to approve first reading of Ordinance No. 287
based on recommendations of Planning/Zoning Commission dated
January 279 1975 and staff reports dated December 5 , 1974
and January 22, 1975 regarding this project on the provision
that either they permanently block Edenvale Blvd. or make
temporary provisions for opening it, the determination to
be made by City Engineer, and delete 1180" prior to multiple . ti
Pauly seconded. Motion carried unanimously.
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Penzel moved to adopt Resolution No. 951 plus concept approval
of northern portion. Bye seconded. Motion carried unanimously.
E. Eden Prairie Center Addition, by Homart Development Company,
requesting preliminary plat approval for approximately i14
acres as a revision to the final plat of the Eden Prairie
to be comprised of 6 lots. The site abuts the east right-
of-way T.H.169/212 and the south right-of-way of W.78th Street.
Mr. Putnam responded to Council members questions regarding
frontage on Ring Road, etc.
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Penzel moved to adopt Resolution No. 952 approving the j
preliminary plat of the Eden Prairie Center Addition, Pauly
seconded. Motion carried unanimously.
F. Community Development Act.
Mr. Putnam presented the various suggestions for projects to
be submitted.
Penzel moved to instruct staff to proceed with Ped./Bikeway
program and preparation of necessary materials amd also do
some preliminary back-up work on the transit proposal in case
the other is not accepted, Bye seconded. Motion carried
unanimously.
III. ORDINANCES AND RESOLUTIONS:
t A. Resolution No. 932 , sponsorship of a Crime Prevention Unit.
Penzel moved to adopt Resolution No. 932, sponsorship of a
Crime Prevention Unit, Bye seconded. Motion carried
unanimously.
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Minutes -4- February 25s 1975
''ae' ORDINANCES AND RESOLUTIONS : (Cont' d. )
B. Resolution No. 953 approving the concept Plan for the
Preserve Commercial Area PUD-74-12F. -
Bye moved to table matter to meeting of March 49 1975 ,
Pauly seconded. Motion carried unanimously.
IV. REPORTS OF OFFICERS, BOARDS AND C01,1MISSIONS:
CERS
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A. Report of ?Mayor:
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1. -Announcement of appointment of new City Manager.
Mayor Osterholt introduced Mr. Roger Ulstad and read
a letter from Councilwoman Meyers stating her approval
of Mr. Ulstad as new City Manager.
Penzel moved to officially act to appoint Mr. Ulstad
as new City Manager, Bye seconded. Motion carried
unanimously. R
B. Report of City Engineer:
1. Status Report on water pressure problem in the St. John' s
oA�od`Tovinnouse Project.
Mr. Penzel stated there is not a "Pressurell problemp
but rather a "flow" problem.
Mr. Jullie stated the problem has been solved due to
efforts of Messrs. Zaic and Sherman who made certain
successful modifications.
Penzel moved that City officially support recommendations
made by Engineer in memo dated February 21, 1975 and urge
developer to take necessary corrective action as rapidly
as possible, Bye seconded. Motion carried unanimously.
2. Federal Aid Urban Project .
Pauly moved to condense list to No. 2, Implementation
• erf the first priority sections of trails as described
In the EP Hikeway/Bikeway Task Force Report of 11/29,/74,
and proceed with request for Federal Aid, Bye seconded.
Motion carried unanimously.
3. Foto Mark, Inc. Wastewater discharge permit.
Penzel moved to reouire Ontion B as recommended by City
Engineer in memo dated February 19, 1975, Bye seconded.
` Motion carried unanimously.
Minutes -5- February 259 1975
REPORTS OF OFFICERS , BOARDS AND COfi'i SUSS IONS: (Cont• d.)
C. Report of Director of Community Services: .
Mr. Jessen explained proposed uses for area and various
methods of financing. Stated the land would- be left in its
natural state.
Mr. Wally Criepentrog, representing residents in area, asked
if residential development would be limited, if Chanhassen
was involved, how value of land would be determined, what
was meant by "water storage" - a dam and how changing this
to a park would differ from being consdered floodplain land.
The Director stated development would be limited, has not
discussed this with Chanhassen, value of land would be
determined by independent appraisals and there would not be
a dam, the water is held back by natural state.
Mr. Sever Peterson asked if an environmental study had been
made and was informed there wasn't one made. Also, if there
has been like action in adjacent communities and was told
Bloomington is acquiring land now. He further questioned
Mr. Jessen's estimate of land value ($600-700 a acre) as
Savage is paying in the thousands for land they are acquiring.
Jessen stated he is not sure - this could be the case .
Mrs. Helen Fowler expressed her opposition to this land
being acquired for public use and did not think enough study
or planning has been made regarding this project. Said
opening this land to the public would cause nothing but
trouble and endanger the wildlife . The bank is too fragile
to walk on. She has had difficulties with people dumping
garbage in the area, shooting carp with guns , building fires, j
etc. Mr. Bye stated private ownership has not always pro-
tected our natural resources, in fact, has put many things
into dismal condition.
Mr. Daniel Moos questioned if this acquisition would take 3
hundreds of acres out of production and Jessen stated some,
not all.
Mr. Glenn Matson, representing Darril Peterson asked how the
property will be purchased and the dividing line and stated
it should be acquired to keep it from being destroyed. Also,
asked what time frame is involved. Jessen replied it could
be 6 to g months or a couple of years.
Mr. Edgar Hall asked what energy was behind this plan# and
was told that it was caused by development pressure .
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nutes —6— February 25, 1975
REPORTS OF OFFICERS, BOARDS AND COMMISS IONS: (Cont I d.)
C. Report of Direc!;or of Community Services: (Cont ' d.)
Penzel moved to direct staff to prepare preliminary cost
estimates both from land acquisition and cost of tax loss
and potential interaction of privately owned bluff proper—
ties ar. d public ow-ned land from easement standpoint and
imput on environmental impact and that material be ready
for April g meeting, Bye seconded. Motion carried
unanimously.
D. Report of Planning Director:
1. Cormminit Develpment Act. (See Public Hearings)
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2. Rezoning was granted to the Eden Plaza Shopping Center,
at Mitchell and Valley View, with the stipulation that
development begin no later than December 31 1974, or
zoning would revert back to concept eszgnatzon under
PUD 70-04.
' Mr. Peterson of Edenvale recuested an extension in
order to enable them to redesign center to present to
Planning and Zoning Commission.
Penzel moved to extend the rezoning deadline for Eden
Plaza Shoppin Center for another year to end of '
February. 1979. Bye seconded. Motion was carried
unanimously.
3. Ordinance No. 135 chane;es, to allow for zoning of PUD
stricts by changing Sec. 11 of Ordinance No. 135 and
other related sections.
Penzel moved to set public hearing for March 25 , 1975
Council Meeting, Bye seconded. Motion carried
unanimously.
4. MCA Development Ordinance
Bye moved to table until March 4, 3.975 Council Meeting,
to give all Council Members a chance to be present to act, Fenzel
seconded. Motion carried unanimously.
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Minutes -7- February 25, 1975
REPORTS OF OFFICERS , BOARDS AND C0101ISSIONS : (Cont'd.)
E. Report of Actinaz City Manager:
1. Penzel moved to instruct staff to send observer to
meeting to be held March 4p 1975 and request Mr. Frane
to call Bloomington City Manager relative to meeting
held last year concerning alignment of Co. Rd. 189 south
of 494, Bye seconded. Motion carried unanimously.
F. Report of Finance Director:
1. Payment of Claims Nos. 6066--6147.
Penzel moved to approve payment of Claims Nos. 6066-
6147, Bye seconded. Roll call vote taken, motion
carried unanimously.
2. Clerk' s License List. e
Penzel moved to approve Clerk' s License List deleting
Willard Catering Enterprises for 3 .2 Beer On and Off ffi
Sales, Bye seconded. Motion carried unanimously.
NI-V BUSINESS:
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A . Fe de ra 1 P articivation in Ramns in the MCA Area.
Penzel moved to bring up at March 25, 1975 Council Meeting
and staff be prepared with resolution directed to our
Congressional delegation in case we have not heard from the Federal Gcvernment
at that time, Pauly seconded. Motion carried unanimously.
B. Mpyor Osterholt will be meeting with a representative from Commissioner
Ticen's office on March b, 197b regarding any items concerning out community.
It was suggested the Ring Road, Baker/Mitchell Road and widening of County
Road 4 to include a Ped./Bikeway Trail and Library site and Day Care and
Recreational Programming in Briar Hill be among discussion items.
VI. ADJOURNP•1ENT:
Pauly moved to adjourn, Bye seconded. Motion carried unanimously.
Meeting adjourned at 1:03 AM.
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