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City Council - 07/01/1975 f - y` APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DULY 1, 1975 7:30 PM, CITY HALL A COUNCIL MEMBERS: 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 Engineer Carl Jullie ' Recording Secy. Belinda Vee INVOCATION: Robert Schneider, Seminarian, Immaculate Heart of Mary PLEDGE OF ALLEGIANCE ROLL CALL I. Minutes of the Regular Council Meeting Held Tuesday, June 24, 1975. Pg. 1, Para. 2, correct "Officer" to "Director". Pg. 60 Para. 51 insert "officer of W. Gordon Smith Company" % after "Schwartz". Delete "would be extended to tomorrow morning" , insert "was extended to June 259 197511 . Insert "another" before "property" .and strike "the" . Pg. 11,Para. 3 , Delete "Ken" , insert "Tim". Delete "Clark", insert "Claire". Penzel moved to approve the minutes as published and corrected, Meyers seconded. Bye , Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. II. PUBLIC HEARINGS A . Area A of The Preserve Commercial Plan (continued public earing) q request for PUI concept and UevelS-p-ment stage approval of office , Col-Milercial and mulEiple_ uses; and 12reliminary plat aaproval. amity Manager Ulstad stated The Preserve re Quested this matter be continued to give them more time to complete some legal requirements. Penzel moved to continue to August 5, 1975 meeting, Meyers seconded. Bye, Meyers , Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. S 3.�. Minutes 2--- July 1, 1975 II. PUBLIC HLARINGS (Cont* d. ) B. Utility service for portions of The Cove subdivision i a u_ tting on eac oa an eac irc e, I.C, 5T=77- City Manager Ulstad explained notices have been sent to affected property owners and a feasibility report has been accepted. Engineer Jullie explained the project to the Council } stating the total project cost would be about $76#600 M and did not include hater as the cost would be prohibitive. He stated water could be installed at a later date with another project which would be more economical. Mr. Roettger questioned location of manholes and if it was necessary for trucks to drive on the lawn to service them. Also, stated he thought Trot lg should be included in the sewer project so the cost would be lower per lot. Jullie explained that trucks seldom have to drive up to the manholes and that adding Lot 18 to the project probably t,,ould not reduce the cost, but would add to cost as the soil conditions are very bad in that area. Mr. Vickerman stated his support of the proposed project. Mrs. Marriott asked if the road would be restored to take care of water run-off and Jullie explained it would. Mr. Marriott questioned the number of votes necessary by the Council to authorize the project and wondered if south road water run-off would be corrected. Mayor Osterholt stated it would :require 4/5ths Council vote to pass the Resolution and Jullie explained a storm sewer was being installed to take care of the run-off. Mr. Mitchell asked if the trees would be destroyed and stated they are paying for water in their taxes and won- dered if .they could appeal as they will not be getting water. Jullie explained they will try to save as many trees as possible and they have the right to appeal. Mr. Harrison asked Mr. Jullie to explain about the soil conditions on Lot 1$ and Jullie responded. Mr. Curtis Turner, 1.1r. Roy Johnson, Mrs. Robert Kehs, and Mrs . Alvin Bren appeared before the Council to state their objection to the proposed project because of the high cost. Mr. James Mitchell, Mr, Raymond Roettger, Mr. & Mrs. Marriott, Mr. Ted Vickerma.n, and Mr. Alfred Harrison appeared before the Council in support of the proposed project which was petitioned for by some of the residents. i 933 Minutes - -3- duly 1, 1975 II. PUBLIC HEARINGS (Cont' d. ) ,f B. Utility service. . . (Contd.) Pauly moved to adopt Resolution No. 1010 and close Public Hearing, Resolution pending securing easement on 4 southern lots and authorizing City Engineer to consider feasibility of extending sewer line to south of property, Penzel seconded. Bye, Meyers, Pauly, and Penzel voted "aye", Mayor Osterholt voted "nay". Motion carried. Mr. Turner stated that the 4 residents in opposition to the project be allowed not to participate. Mayor Osterholt stated the City could receive bids both ways. Bye moved to instruct the staff to secure bids for the project including all the residents and then bids excluding the 4 residents who do not wish to participate, Penzel seconded. Bye, Meyers, Pauly, Penzel, and Mayor Osterholt voted "aye", motion carried unanimously. Co Edes Amoco Stations rezoning request from Rural to Highway Commercial for a service station. City Manager Ulstad stated the proponent had other responsi- bilities and requested the matter be continued. Meyers moved to continue matter to August 5, 1975 meeting, Bye seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. D. Parkview Apartments by Eden Land Corporation recuest for rezonin!- to 1311 rori Aural and Drelln=nary platapproval or a 45 acre apartmment deve onment oca a soiit-h nt7 ChestRu_t r Apartments and east of T:itcFiell RoaZT. Mr. Don Peterson of Eden Land Corp. appeared before the Council to explain the project and showed slides of the area. He explained the number of planned parking spaces, garages, size of patios, type of grading, density ratio, s , location of a convenience center, earth form will be saved, land is 100.� graded, trail system, park dedication of 4 acres per 1000 people , assessments, etc. He requested the Council approve development stage of Phase 1, rezoning to R14 2. 51 preliminary plat, and some credit or modification on assess- ment for piece of ground planned as a convenience center. Planner Putnam explained the project is not in keeping with Red Rock Sector Plan and the Plan was not trying to create apartment city. Bye stated his concern with a project that was denied because it was next to residential homes and now this project is not recommended as it is next to otherapartments - what is the logic -- there is no place x for apartments? 83Al Minutes -4- 'July -It 1975 AAr -II. PUBLIC HEARINGS (Cont'd. ) D. Park- view Apartments. . . (Cont d.) Ms. Daphne Krause, stated she felt sorry for people who are going to live in those units. She said she opposed construction of more apartments in the area and cited a water problem as one of the main reasons. Mr. Ted Stundahl presented a petition signed by about 75 people in the area opposed to the project and stated the project would result in too high of a density for the area and would be detrimental to property values. Also, said there should be further evaluation of the project and also see f if it followed the guidelines set forth in the Comprehensive Guide Plan. Mr. David Andreasen questioned Mr. Peterson regarding the project and stated it was a lovely area that should be preserved. Y Mr. Phillip Jones stated part of the reason they moved to Eden Prairie was the mix of different types of housing in a given area. He stated 80 to 90% of the residents signed the petition in opposition to the project. Ms. Gretchen Stundahl stated her opposition to more apartments in the area as it will look like tenement city. Mr. James Gillespie, Eden Land Corp. , stated they had commitments for 400 or more units in area and it has been a matter of public record for three years. Mr. Don Peterson explained they had considered a number of plans for the piece of land and arrived at the one presented as they have to build something that will pay for the assess- ments and development. Meyers questioned Peterson regarding the park dedication which was very vague and also a large portion of the park dedication could be considered slue or low area. She stated she could not support the park dedication as presented. Bye stated he was concerned about people moving to Eden Prairie because they liked the open space only to find out the open space was land which would be developed. Mayor Osterholt explained that the Comprehensive Guide Plan will be reviewed this year and that sector studies have been rr made of various areas in Eden Prairie. r s„ �4 -Minute s -5- July 1 1975 q II. PUBLIC HKkRINGS (Cont'd. ) 2 D. ParkviewApartments. . . (Cont 'd.) 411 Ms. Gretchen Stundahl stated people do not take care of rental property as they would if they owned it. Ms. Tanya Jones stated she would be present at this meeting even if the project were Atherton SI instead of Parkview. She said she would rather pay more taxes than look at a row of apartment buildings. Mr. Philip Jones stated the sliver of land slated to be a convenience center should be dedicated to the City for use as tennis courts . IA Penzel moved the Public Hearing be continued to July 229 1975 1,4 and instruct the staff and proponent to work out the follow- ing: (1) location of park dedication ( 2) cash in lieu of land dedication ( 3 ) location of trail system to be installed (4) adjustment in covered parking requirements ( 5) an alter- native to proposed convenience center location and ( 6) a potential cut in number of units - downward by 10j, Pauly seconded. Bye, Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried unanimously. III. RIWORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Report of City Engineer 1. Right-of-way 2u,rchase from Mr. Oscar Erck T.H. 169 upgro ing, nroDe" ct 171 - T.C. 7 . Engineer Jullie explained the project as outline in his memo dated June 26, 1975 . Meyers questioned Jullie regarding the high price being paid for a small parcel and stated by itself, it would not meet the City`s commercial zoning requirements and no investment in commercial improvements has been made. Jullie explained this was a compromise settlement. Meyers stated she would not support the settlement as presented. Penzel moved to approve the right-of-way purchase and authorize the City I-Tanager and Mayor to sign the purchase agreement, Pauly seconded. Bye, Pauly, Penzel and Mayor Osterholt voted "aye" , Meyers voted "nay", motion carried. 2. Temporary traffic signal for the Homart Center. Mr. Jim Spinks , Homart, stated hi'n primary concern is ff for signal 'to be installed prior to opening day of Homart. 4, Meyers moved to authorize the Mayor to sign an agreement on behalf of the City for temporary signal as specified in the Engineer's memo of June 24v 1975 as amended, Penzel seconded. Bye , Meyers, Pauly, Penzel and Mayor Osterholt voted "aye", motion carried unanimously. 8 3 (o Minutes --6- July 1, 1975 IV. NW BUSINESS Penzel - sewer costs in Eden View 1 & 2. Penzel - Bicentennial Commission problem. Pauly - Booklets - hour many did Homart buy? Pauly - Hired Building Inspector a year ago for expansion which has not occurred. Is this position necessary? V. ADJOURNMENT Bye moved to adjourn.. Penzel seconded. Bye Me ers Paul Penzel and Mayor Osterholt voted "aye", motion carried ys unanimously. Meeting adjourned at 10:34 PM. s97