City Council - 04/08/1975 APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, APRIL g, 1975 7: 30 PM, CITY HALL
COUNCIL ME24BERS : Mayor D. W. Osterholt
William Bye
Joan Meyers
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT : City Manager Roger Ulstad
City Attorney Harlan Perbix
Planner Dick Putnam
Director of Community
Service - Marty Jessen
Engineer Carl Jullie
INVOCATION - Father Glen Phillip, St. Hubert• s Catholic Church
PLEDGE OF ALLEGIANCE
ROLL CALL - All Council Members Present
I. MINUTES OF REGULAR MEETING HELD APRIL 1, 1975
Pg. 39 Para. k, Delete "volume" insert "value" . Add "d" to
"serve" .
Pg. 3 , Para . 59 Insert •'outlot" after "roadway". Correct
"Feb. 3 " to "Mar. 3" and "Mar. 3" to "Feb. 3"•
Pg. 4, Last Para. Insert "of submitted PUD Ordinance" after
"draft" .
Pg. 5, Para. 1, Correct "Kruhl" to "Kroll".
Pg. 69 Para. 69 Delete * "to be of" insert "for".
Pg. $, New Business - Add",Council agreed to have. Letter submitted
by Councilwoman Pauly requesting a geological survey for
Eden Prairie signed by the Mayor".
Pg. 5 , Last Para. , Correct "Brower" to "Brauer" .
Penzel moved to approved the minutes as corrected and published,
Meyers seconded. Bye , Pauly, Penzel, Meyers, and Osterholt
voted "aye" , motion carried unanimously.
Minutes -2-- April E , 1975
II . PUBLIC HEARINGS
A . Street Imorovement on Scenic Heights Road from Mitchell
Road to ounty Rd. 4p "I.C . - in Reso ution No. 9737.
Mr. Jullie explained proposed project and responded to
questions of residents and Council Members.
Mr. Kent Barker, 15801 Cedar Ridge Road, stated his
opposition to the proposed project and submitted a
letter stating same .
Mr. Harvey Kunstman, 8216 Tamarack Trail, road should
be considered thoroughfare , not residential. City trucks
and school buses use road extensively and that is what is
tearing it up. Against proposed project.
Mr. Art Miller, voiced his objection to the assessment
against his property for this improvement .
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Mr. Johnson, representing United Methodist Church expressed
his o':.�jeetion to the proposal.
Mr. Harry Bongard, asked when Highway 212 is built and
will cross Scenic Height Road, will road be torn up.
Jullie - yes , however, are only suggesting a temporary
overlay in that area.
Councilman Bye stated there is no time frame for the new
Highway 212 and will be from 10 to 25 years away.
Mr. Wokasch asked -.f curb and gutter were absolutely
necessary.
Mr. Tom Yates asked if this was the only plan being
considered or if there were some other alternatives
such as temporary improvement . Jullie stated it is
possible. Mayor Osterholt pointed out State Aid is
not available for temporary road work.
Mr. Harold Atkins said he questioned people on Scenic
Heights being excused for assessment .
Mr. Harry Pease asked if the assessment was the same for
multiple and single family homes. Jullie - yes.
Mr. Harold Atkins questioned being assessed by driveways
instead of per foot . Stated church has much more property
than individual homeowners.
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Minutes -3- April 8, 1975
II. PUBLIC HEARINGS (Cont• d. )
A . Street Imorovement on Scenic He iehts. . .(font' d. )
v.
Mr. Jerry Hegge suggested using State Aid maintenance
funds for resurfacing the road.
A
Meyers moved to close Public Hearing and adoption of
Resolution No . 973 ordering improvements and preparation
of plans for I.C. 51-270, street improvements on Scenic
Heights Road from Mitchell Road to Co . Rd.4, and to
request additional information_ regarding financing and
assessments by time we receive bids so Council will be
in a better position to make judgment ,, Penzel seconded.
Bye , Meyers , Pauly and Penzel voted "aye" and Mayor
Osterholt voted "nay" , Motion carried .
Pauly moved to direct staff to inform people on assessment
roll when plans are complete regarding alternate financing
Penzel seconded. Bye, Meyers, Pauly, Penzel anti Usternolt
voted "aye" , motion carried unanimously.
B . Street lnorovements and utilitv construction on East-Vest
ar Jafrom Mitchell Roadto Chestnut Road,, -
in Resolution No. 974.
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City Manager Ulstad stated notices have been sent to all
affected property owners and this project was placed
before Council at request of property owners in area who
signed a petition.
City Engineer Jullie read a letter to the Council from
Edenvale requesting this project not be approved until
another project of theirs (which is before Planning and
Zoning Commission at present time) has been approved.
Jullie stated they are two separate matters and advised
proceeding with this project .
Mr. Don Peterson of Edenvale explained the request to
delay action on the part of Edenvale . Said the other
project will have a bearing on how the land is to be used
and if the improvement is made, the cost will make it
economically unfeasible to develop the land for single
family homes.
Penzel moved to close Public Hearing and adopt Reso-
lution No . 974 ordering improvements and preparation of
plans for I .C . 51-271, street improvements and utility
construction on East-r,"est Parkway from Mitchell Road
to Chestnut Road, Bye seconded. Bye , Meyers, Penzel,
and Osterholt voted "aye" and Pauly voted "nay" , motion
carried.
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Minutes -L. - A.Dril 8 , 1975
II . PUBLIC HEARINGS ( Cunt ' d. )
C. Mitchell Lake Estates , reo_uest for PUD Concept Plan
approvalo itc e Lake Estates single family detached
( mobile home) , development and rezoning the property
from Rural and PS to Residential permitting a Mobile
Home Park. The site is approximately 100 acres located
west of Mitchell Lake and approximately 1/2 mile south
of Highway #5 . (Continued Public Hearing) .
City Manager Ulstad stated the proponets of the project
had called City Hall and said they were withdrawing their
request,
Planner Putnam explained he received a call from Don Brauer
who represents the proponets and they will send a letter
withdrawing their request .
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Penzel moved to close Public Hearing and deny request
for PUD Concept Plan approval and instruct attorney to
draft a resolution to this effect and include the staff
report and recommendations of Planning/Zoning Commission
and Park/Rec. Commission, Bye seconded. Bye , Meyers,
Pauly, Penzel and Mayor Osterholt voted "aye". Motion
carried unanimously.
III . RESOLUTIONS AND ORDINANCES
A . Resolution No . 972_, amending joint cooperation agreement
between the Citv of Eden Prairie and HenneDinZou- nty for
application for the Communitv Dere o ment t1ock Urant
rogram under the Urban Countv ciesignation.
Pauly moved to continue matter until April 22, 1975
meeting, Penzel seconded. Bye , Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye" . Motion carried
unanimously.
B. Resolution No. 977 desianating the Eden Prairie Historical
Society as the-57'ficial depositoa for the City o en
rairie .
Penzel moved to adopt Resolution No . 977, designating Eden
Prairie Historical Society as the Depository of historical
information for the City of Eden Prairie and adding "and
dissemination and publication" after "collection" in the
text of Resolution No. 977, Pauly seconded. Bye , Meyers,
Pauly, Penzel and Mayor Osterholt voted "aye". Motion
carried unanimously.
Mayor Osterholt requested the staff to send a letter to
the Society informing them of the adoption of Resolution
No. 977.
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Minutes -5- April 8, 1975
III . RESOLUTIONS AND ORDINANCES (Contd' . )
C. 2nd Reading of Ordinance No . 300 regulating and licensing
mechanical amusement devices an provz ing a penalty.
Bye moved to continue matter to April 220 1975 to enable
representatives from Aladdin Corp. to appear before
Council concerning- Ordinance No. 300, Penzel seconded.
Bye , Meyers, Pauly, Penzel, and Mayor Osterholt voted
"aye" . Motion carried unanimously.
IV. PETITIONS, REQUESTS AND COMMUNICATIONS
A . Presentation by the Eden Prairie Booster Club b
r. emer.
Mr. Renier stated next week will be Eden Prairie Booster
Week with sale of bumper stickers scheduled for Saturday
and Sunday. Mr. Renier explained the proceeds will go
toward supplementing extra curricular activities for
School -District No . 272 . The Eden Prairie Edenettes
sold bumper stickers to Council Members.
B. Presentation of 1975 Chevrolet Blazer to Eden Prairie
Public a et eserve Unit b7 the ions Club o en
Prairie.
Officer Hacking presented the Chevrolet Blazer to the
Police Reserve Unit on behalf of the Lion' s Club and
gave a brief summary of the activities of the Reserves.
Mayor Osterholt expressed thanks to the Eden Prairie
Lion' s Club on behalf of Eden Prairie and will also
express the City' s thanks formally.
V. REPORTS OF OFFICERS , BOARDS AND COr24ISSIONS
A . Report of City Attorney
1. 4/5 Mini Sector Study Clarification
Bye moved to continue matter, Penzel seconded. Bye
Meyers, Pauly, Penzel and Mayor Osterholt voted "aye".
Motion carried unanimously.
B. Report of Planning Director
1. HousinE Assistance uantitative housing goals for
ity or low/moderate/market rate housing unit.
Penzel moved to continue this matter until meeting
April 22 , 1975, Meyers seconded. Bye , Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" . Motion
carried unanimously.
AWW Minutes -E- April 8, 1975
V. REPORTS OF OFFICERSL BOARDS AND COMMISSIONS (Cont' d. )
B. Report of Planning Director ( Copt' d. )
2. Update of Comprehensive Guide Plan
Penzel moved to continue matter until meeting of
April 22 , 1975 , Bye seconded . Bye , Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye" . Motion
carried unanimously.
3 . City Neighborhood Sector Map
Penzel moved to continue consideration of matter
until May 13 , 1975 meeting, Bye seconded. Bye ,
Meyers, Pauly, Penzel, and Mayor Osterholt voted
"aye" . Motion carried unanimously.
C . Report of Director of Community Services
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1. Lower Minnesota River Open Svace Plan
City Manager Ulstad requested Director of Community
Services Marty Jessen run through his report for
the City Council and affected property owners.
Marty Jessen stated the cost of land acquisition to
be estimated at about $1272 per acre with the excep-
tion of flood plain and this to be about $500-700
per acre ; estimated tax loss of around $79,000;
the environmental impact would be difficult to assess
in time frame allowed as is so complex; and easements
would be for open space use by the public and the
cost would be arrived at by taking assessed value
of land less value lost. He stated they are not
planning to go out and purchase lots of land nor do
they envision intrusion on private land owners by
the public.
Mr. Jessen responded to Council Members inquiries
regardingg tax loss , estimated cost of land acquisition,
what vrill happen to property if Council takes no action,
flexible land acquisition plan, and if some areas were
more important to acquire than others.
Mr. James Brown, 11551 Riverview Rd:, stated his
opposition to the land being purchased for a public
park and said the o%mers are preserving it now and
there is flood plain control so there is not any
reason to acquire the land for a public park.
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Minutes -?-- April 8, 1975
V. REPORTS OF OFFICERS , BOARDS AND COMMISSIONS ( Cont ' d. )
C. Report of Director of Community Services (Copt' d. )
1. Lower Minnesota River Oven Space Plan (Cone' d. )
Mr. Wally Criepentrog asked what the proposed use
was for the lakes down there and stated some property
in the area sold for $1500 an acre and the property
in question will not go for less.
Mr. William A . Stanley, Jr. , 15100 Riverview Rd. ,
asked if the Watershed District would levy the 1 mill
assessment and if they would go along with proposed
financing .
Mr. E. A. Schlampp, Jr. , 10901 Riverview Rd. , said
the State of Minnesota offered some property owners
$2000 Per acre for bottom land. Stated he bought
his land for solitude as they like to be out in open
and don't want people encroaching on their property.
He also stated that Eden Prairie couldn't come up with enough
money to buy his land.
Dr. H. Brandt, 12300 Riverview Rd. , stated his opposition
to land being acquired for public park and thinks the
whole idea is ridiculous to say the least and at the
most - preposterous.
Mr. Don Scraff, Snowmobilers' Club, stated he would
like to see a trail that would go from here to
Mankato and that snowmobile rs do stay on trails .
Mrs. Helen Fowler, 10315 Riverview Rd. , read a statement
to the effect that she opposes public use of this land
and stated a number of reasons why and also that her
freedom and rights were being infringed upon by those
proposing this land be a public park.
Mrs. Christopher asked for clarification of where
and how this plan originated. Jessen responded it
came into being while taking a comprehensive look at
preserving the land along the Minnesota River.
Mr. Brian Clark, 13$81 Riverview, questioned who
determined this necessary and stated everyone is
wasting their time.
Mr. Darril Peterson, 18700 Flying Cloud Drive , said
the State had a plan concerning this matter.
Minutes -S- April 8, 1975
V. REPORTS OF OFFICERS ! BOARDS AND COTOSISSIONS (Cont ' d. )
C . Report of Director of Community Services (Cont' d. ) 3
1. Lower Minnesota River Oven Space Plan ( Copt• d. )
Mr. Gordon Campbell, Riverview Rd. , stated that
before petitioning the Watershed District to levy
an assessment , we should determine if we wish to
acquire the land or not . Jessen replied this was
decided in 1968 by adopting Comprehensive Guide
Plan and by Park/ Rec. Commission. Campbell stated f
ruling can be changed as this is unwise.
Mr. Schlampp stated they are doing now what Eden
Prairie wants to do for them and they are against
this as they don't want to lose their privacy.
Considerable discussion followed regarding the
levy proposed to be assessed, meaning of public
easement, flexibility in land acquisition, etc. it
Penzel moved to direct City Attorney and Park/Rec.
Commission and staff to investigate in depth matter
of procuring , public open space easements on said
properties and communicate with staff of Watershed
District to determine feasibility of attaining
easements and report back to Council the 2nd meeting
in June , 1975, Pauly seconded. Bye, Meyers, Pauly,
Penzel, and Mayor Osterholt voted "aye" , motion
carried unanimously.
Meyers requested the staff supply Council with
information regarding slope ordinances that arp
used in some communities for land and scenic
preservation and also recommend the information on the land area
in flood plain that could be zoned in a flood zone.
D. Report of City Engineer
1. Discussion of bufferinz requirements and Developer' s
re uest o+acce Lance ui in ermits in
o. bb4t locat-e-Ueast of Co. Rd. 4 between Kurtz
r-aneand ParkTerrace Drive .
Meyers moved to continue until May 13, 1975 , Bye
seconded. Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
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Minutes -9- April 89 1975
V. REPORTS OF OFFICERS BOARDS AND C0101ISSIONS (Cont ' d. )
D. Report of City Engineer (Cont' d. )
2 . Eliason Builders Inc. request for blanket variance
or sZ--tback requirements T6r Round LaRe Estates
lidditIon (Resolution No . .
Bye moved to adopt Resolution Ho. 976 as corrected,
'Pauly seconded. Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye". Motion carried unanimously.
3 . Proposed feasibility re Dort for extension of Forest
Hills oa rom Edenvale bth Addition to Baker Road
and sidewalks on KInEston Drive and Golfvle;w rive
51-2bb,
City Engineer Jullie explained the purpose of the
feasibility report and stated he recommended three
items for consideration in his memo of March 20, 1975.
Also, that he received a request from the school not
to make Kingston Drive a one way until school is out
so that they would not have to change the school bus
route .
Mrs. G. W. Wigen, 7000 Kingston Drive , stated the
residents were disturbed with the Council' s action
on March 25 , 1975 as they were not notified. Also ,
are very concerned with visibility problem and speed
of cars goin along Kingston. She presented a plan
(illustrated to Council for their consideration.
Mrs . Wigen, speakine on behalf of residents on Kingston,
said they do not w nt Kingston Drive tQ be a oneway street as it
will create a proolem getting to the 6(,;hool.
Mr. Renier, 13895 Holly Rd. , stated this has been a
problem for nine months and Council should pass motion
to build road so traffic can go where developer said
it would go.
Mr. Bernie Galler, 6901 Kingston Drive, said he agreed
with Mrs. Wigen*s solution and that he wanted the cars
to cut down their speed.
Mr. Ed Griffin, 14045 Sundial Ct. , suggested putting
a "bump" in the road to slow traffic.
Engineer Jullie and Officer Hacking responded to
suggestions and questions by Council members and
residents.
Minutes -10- April 81, 1975
V. REPORTS OF OFFICERS , BOARDS AND COMMISSIONS (Coat' d. )
D. Report of City Engineer (Cont' d. )
3 . Mrs. Osborn stated she opposed a bump because it
would create a noise problem.
Mr. Stephen Rowley, 14358 Golfview Dr. , stated a
one-way street was not the solution.
Mr. Peterson, Fdenvale . said thev would dedicate a 16-foot strip
of land for the new road as stated in prior meeting .
Penzel moved (1) that the staff be instructed to revoke
previous instruction regarding one-way; (2) to adopt 4
Resolution No. 961 calling for a feasibility study with
exception of sidewalks on Kingstron Drive; (3) staff take
comprehensive look at one-way traffic on Canterbury and
Kingston; and (4) Public Safety Dept. be requested to conduct
intensive radar monitoring with tickets being issued, not
warnings, Meyers seconded. Bye, Meyers , Pauly, Penzel
and Mayor Osterholt voted "aye" , motion carried unanimously.
4. Purchase of Gerald Steelman propertX at 8410 Flying
Cloud rive under T.H. 1759 u ra ing project ,, No.
T.C. o.
City Manager Ulstad requested the City Council
authorize the Mayor to enter, into purchase agreement
with Mr. Steelman authorizing payment of $95 ,000
for accuisition of his property.
Mr. Steelman stated he is not 100? agreeable to
the amount offered, but it has been going on for a
year and has an option on a home that will run out
soon.
Penzel moved to authorize Mayor Osterholt and City
Manager Ulstad to sign purchase agreement with
Mr. Gerald Steelman for his property at 841O Flying
Cloud Drive per Engineer' s memo of April 3 , 1975 ,
Pauly seconded. Bye , Meyers, Pauly, Penzel and
Mayor Osterholt voted "aye" , motion carried
unanimously.
5 . Registered Land Survey dated 3/24/57 for Methodist
osr)ital site within area 117n of The Preserve
Commercial D an.
Penzel moved to approve RLS for Methodist Hospital,
Pauly seconded. Bye , rdevers, Pauly.. Penzel and
Mayor Osterholt voted "aye" , motion carried
unanimously.
Minutes, -11- April S , 1975
V. REPORTS OF OFFICERSp BOARDS AND COM14ISSIONS (Cont 'd. )
D . Report of City Engineer (Cont• d. )
6. Petition from The Preserve for street improvements
on Preserve Blvd. , between ast lest Parkwax an
the Ring RoaU, , Resolution ho. -
Bye moved to continue matter until May 13 , 1975
meeting, Fenzel seconded. Bye, Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye" , motion carried
unanimously.
7. Authorize condemnation for sanitary sewer easements
needed under I.C. 51-2b4. o eas rea run __..
ewer) . Resolution No. .
City Attorney Perbix explained need for condemnation
proceedings.
Penzel moved to adopt Resolution No. 978 authorizing
condemnation, Meyers seconded. Bye , Meyers, Pauly,
Penzel and Mayor Osterholt voted "aye'' , motion
carried unanimously.
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E. Report of Finance Director
1. Payment of Claims Nos. 6351-6414.
Bye moved to approve payment of Claims No. 6351-6414,
Pen--el seconded. Bye , Meyers, Pauly, Penzel and
Mavor Osterholt voted "aye" , motion carried
unanimously.
Bye suggested a program be set up regarding paying for seminars
for City employees.
VI . NE',f BUSINESS
Mr. Dan Herbst, Chairman of Chanhassen Planning Commission,
appeared before Council to tell them about a Metro Land Plannirg
Bill which is in committee now and stated his objection to the bill.
Penzel suggested a composite resolution be drawn up for Council
Consideration.
Meyers suggested a resolution be drazm up on Flying Cloud
Airport matter.
Perbix - stated the City has won first round of "Perkins"
matter and there may not be a second.
VII . ADJOURNTr'ENT
Penzel moved to continue meeting until April 10, 1975 at
Cite Hall at 7: 30 P"p Bye seconded. Bye, Meyers, Pauly, �
Penzel and "<ayor Csterholt voted "aye" .
UNAPPROVED
Minutes of Continued Meeting on April 9, 1975
MEMBERS PRESENT: David W. Osterholt, Mayor, Councilpersons:
Sidney Pauly, Joan Meyers and Wolfgang Penzel
ALSO PRESENT: Roger Ulstad, •City Manager, John D. Frane, Finance
Director/City Clerk, Phil Chenoweth of Ehlers and
Associates.
The meeting was called to order by Mayor Osterholt at 5:00 p.m.
After discussion about current economic conditions , Mr. Penzel moved,
Mrs. Meyers seconded Resolution No. 979 authorizing the Sale of
$3,000,000 G. 0. Water and Sewer Bonds (Series 7) to Bank Northwest
and Associated Firms at a net interest cost of 6.90827%. On roll
call all voted aye.
After discussion concerning Eden Prairie's early and comprehensive
planning, Mrs . Meyers moved and Mrs. Pauly seconded Resolution 980,
a Resolution in Opposition to the Proposed Metropolitan Council
Comprehensive Planning Bill . All voted aye.
Mr. Penzel moved, Mrs . Pauly seconded a motion to continue the meeting
until 7:30 p.m. Thursday, April 10, 1975. All voted aye.
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