City Council - 09/02/1975 APPROVED a
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`. MINUTES
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EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 2 , 1975 7:30 PM, CITY HALL
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
City Planner Dick Putnam
City Engineer Carl Jullie
Recording Secy. - Joyce Provo
g
INVOCATION - Given by Mayor David Osterholt.
PLEDGE OF ALLEGIANCE
ROLL CALL - All members present.
. I. PUBLIC HEARINGS
A. Area A of The Preserve Commercial Plan, request for PUD concept
and Development stage approval of office , commercial and multiple
uses; and preliminary plat approval.
City Manager Ulstad recommended the Council not take action
to consider this request, but that it be removed from the Agenda
and the proponent will again request the Council's consideration
for a Public Hearing.
Lee Johnson, The Preserve , responded in agreement tb this
recommendation and also expressed his desire that when this
item is resolved , that it would be published immediately *and placed
on the first available Council agenda.
MOTION: Penzel moved to close the Public Hearing and refrain ,
from any further action which might keep the applicant from reapplying
at any time . T.'ie motion was seconded by Meyers and carried
unanimously.
Minutes - 2 - September 2 , 1975
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t .'. I. PUBLIC HEARINGS (continued)
B. Parkview Apartments by Edenvale , Inc. , request for rezoning to
RM 2 5 from Rural and preliminary plat approval for a 13 acre
apartment development located south of Chestnut Apartments
and east of Mitchell Road.
City Manager Ulstad stated he has met with Don Peterson, Edenvale,
to go dyer the following details, as the Council requested, relating
to this proposal: 1) Establish the trail system by easement.
2) Provide screening of recreational vehicle storage. 3) Commitment
on installation of recreational facilities in the proposed park area .
4) Preliminary draft of developer's agreement should the Council choose
to approve the proposal.
Mr. Peterson related that 1t was their proposal to meet the City
requirements. The Council rr.embers questioned Mr. Peterson
on various aspects of this proposal.
MOTION: Bye moved to close the Public Hearing and give .a
1st reading to Ordinance No. 2 93 rezoning Parkview Phase I to
RM 2 .5 from Rural, and to further adopt Resolution No. 1032
giving prelirninar.1 plat approval as per the Plat dated 5/20/75
_ for a 13 acre apartment development. Direct the City Attorney
to draft a developers agreement to include the following:
1) Establish the trail system by easement.
2) Provide screening of recreational vehicle storage .
3) Commitment on installation of recreational facilities
in the proposed .park area .
4) Park dedication and/or cash in lieu of land to be worked
out.
5) Stream amenity to be preserved.. ,
61 Clear understanding that this approval does not
include any commitments for Phases 2 and 3 in this
area.
7) Time limit to 18 months.
The motion was seconded. by Fenzel and carried unanimously. _
C. Area G of The Preserve Commercial Plan, requesting PUD concept
and preliminary plat approval for office and commercial land uses.
City Manager Ulstad stated that both the Planning Commission and
Parks , Recreation and Natural Resources Commission have recommended
approval of this proposal. r'
Loren Galpin, Development Concept Association representing the
• Preserve , gave both a verbal and illustrative outline of the plan. f.
Minutes - 3 - September 2 , 1975 k:
Lester Bensch, 8110 Eden Road, requested that The Preserve
keep in mind a piece of property he owns near #169 when laying
out the road.
Lee Johnson, The Preserve, assured Mr. Bensch that he will not be
called upon to give any right-of-way. _
MOTION: Bye moved to close the Public Hearing and adopt ('
Resolution No. 1033 giving PUD concept approval and
Resolution No: 1034 giving preliminary plat approval as per
the Plat dated 6/1/75 for office and commercial landuses
with the following three stipulations.
1) That the Preserve work with Bermel/Teman to
coordinate the connecting street and grading plans, m
defining construction timing and method, financial
commitments and right-of-way alignment dedication,
all of which shall be agreed to in writing prior to final
approval.
2) Should the freestanding commercial along 169 not be used
as Class I or II restaurants, then said structures should
be grouped.
1 3) That it is envisioned that an above grade pedestrian system
will connect Area. G with the adjacent Homart Community
Commercial Area, at such time as landuse and pedestrian
demand are present, in keeping with established City policy
without implying any specific financing method.
Seconded by Penzel, motion carried unanimously. �. .
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Meyers requested that the following appear on record:
w The above grade pedestrian system was discussed and
generally accepted. The City requires that provision
be made in the site layout to facilitate • future installation
preventing potential structure condemnation.
D. Eden Prairie Family Recreational Center by Eden Development, Inc. ,
reguesting rezoning from I-2 Park to Community Commercial for a
21 acre site north of T .H. 5 and east of Edenvale Boulevard .
City Manager Ulstad explained that the affadavit of publication is
on file and people in the affected area where this property is being
considered have been rn^tified of this hearing . :v;r. Ulstad referred
to a number of petitions which have been received in support of this
recreational center.
Don Peterson, Eden Development, Inc. , stated two main areas of
concern have corne to his attention: 1) Is this use contrary to the
Comprehensive Guide Plan or is it a reasonably close land use in }
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Minutes - 4 - September 2, 1975
consideration of this plan and, 2) there has been some feeling
that an approval of this center would kill the MCA, Mr. Peterson
said he does not feel this is a far departure from what was expected In 1968. It-is close to homes, very accessible by the residents of
Eden Prairie, isolated from individual homes but still very
accessible; he feels people want a site which would be fairly well
In keeping with the Guide Plan. .
Pauly asked if we were to give Eden Development the change of zoning to
Community Commercial, how much would they be able to deviate
from this proposed plan?
Peterson responded that they would be willing to commit to this
basic plan.
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Peterson referred to the letter from the Purgatory Creek Watershed
District stating that Eden Development was in violation of the
agreement; however, Mr. Peterson assured the Council that
after the Watershed District met with him and his attorney, the
Watershed District agreed Eden Development, Inc . , was not in
violation.
Lyle Shaw, 7001 Kirrston Drive, representing a group of residents in ,
favor of rezoning the land at Mitchell and Highway 5 from I-2 Park to
Community Commercial, expressed they do not think this is inconsistent
with the original Comprehensive Guide Plan. Also it is an immediate
development for Eden Prairie which will mean immediate revenue
to the City offering employment to youth and people of the community.
Gretchen Shaw, 7001 Ki"tron Drive, Bob Hanson, 6923 Rosemary Road,
and Rollin Gray, 14301 Fairway Drive , appeared and spoke in favor
of the proposed family recreational center.
Osterholt asked Mr. Peterson if he would be willing to commit to a
• developers agreement to the proposed plan as submitted. Peterson
answered in the affirmative,
Bye stated we have set an all time record of no place to buy anything
and believes when going through this proposal they will do what they
say they arc going to do. We have to be concerned with the examples
of the lack of tax dollars and the lack of community convenience for
the people that live here . Very much in favor in gaining some commercial
In this area.
CMeyers explained that she felt this is a regional commercial use and it
belongs in the MCA. This is a needed facility in Eden Prairie but
does not feel we should compromise our planning principles and jeopardize
the MCA. Stated she could not support this plan.
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Minutes _ - $ - September 2 , 1975
MOTION: Bye moved to close the Public Hearing and give a 1st . _
Reading to Ordinance No. 294 to rezone from I-2 Park to Community
Commercial the 21 acre site north of T.H. 5 and east of Edenvale
Boulevard as per the request of Eden Development, Inc. Further
-instruct the City Attorney to draft the ordinance and developers
agreement to include recreational uses only and that Don Peterson
return to the City Council for any deviation from the presented
plan. Pauly seconded the motion. Roll Call: Bye, Pauly, Penr_el
and Osterholt voted "aye" , Meyers voted "nay" . Motion carried.
MOTION: Meyers moved we receive reports from the following parties
before the 2nd reading of this ordinance: Watershed District, Parks,
Recreation and Natural Resources Commission, Planning Commission, and
Staff Report on the site plan within 4S days. Seconded by Penzel. Roll Call:
Meyers, Penzel and Pauly voted "aye" , Osterholt and Bye voted "nay" ,
motion carried.
II. REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. Report of City Engineer
1 . Consider Bids received on August 14 , 1975 for sanit.
sewer lateral service on Beach Roa-d and Beach Circle ,
the Cove Addition, Project SAN 74-1-20, I.C . 51-277.
City Manager Ulstad explained that bids were presented
to the City Council on the 26th of. August. The.bids .came
in higher than anticipated. As residenfs were given short
notice , this matter was continued from the August 26 , 1975
Council meeting to the present time . All residents in the
area were telephoned, making thrum aware of this evening's
meeting.
City Engineer Jullie explained that higher bids meant the
assessment cost for the sanitary sewer would be $5 , 700 per
developed lot rather than $4 ,900 as previously estimated at _
the Public Hearing. Jullie reported that if this work were to be
done with a larger project, there might be a savings of 10% .
Jullie recommended that in view of the extreme costs involved,
the City could reasonably at the assessment time for this project
designate portions of these sewer lines to be called trunk lines .
This is provided for in the City's special assessment policies.
Curtis Turner, 12551 Beach Circle, stated that he would be in
favor of the project at the reduced rates, but would be more
comfortable knowing what the cost was going to be before
assessment time .
Minutes - 6 - September 2,1975
Ray Roettger, 6881 Beach Road, Martin Hellman, 6921 `
Beach Road, and Alfred Harrison, 6941 Beach Road, also
expressed similar comments regarding the project and the
assessment.
Mr. Vickerman, 2101 West 82nd Street, Minneapolis,
a potential homeowner in the Cove, asked what the
alternative would be.
Jullie explained that the typical cost for lateral benefits
from the trunk sewer line would be in the range of
$2,500 to $3,000 per lot.
Meyers stated that the property owners selected to build
on lots having poor soils and that they should be prepared
to bear the extra cost for the utility construction. She stated
that she would be more comfortable with an assessment within
the. range of $3 , 000 - $4 ,000. This would be a more reasonable
portion of the project cost and less of a burden on the remainder of the City.
MOTION: Meyers moved to adopt Resolution No. 1022
accepting the low bid of $73 ,014 from Northdale Construction
Company, and that the City Council review the recommendations <<
of the City Engineer regarding the assessment options and
specifically recommending that the Council approve an assessment
for sewer lateral in the range of $3,000 to $4, 000 per lot.
Seconded by Penzel, motion carried unanimously.
B. Report of Director of 'Community Services
2 . Eden Prairie Stables - Building Demolition.
City Manager Ulstad stated that we had received a low
bid of $3,400 from Carl Bolander & Sons for the demolition
of the buildings at Eden Prairie Stables.
Pauly requested that the Kerber family be contacted as they have
bad • a previous interest in removing buildings on a gratis basis.
MOTION: Meyers moved to continue this item to the
September 9 Council meeting pending tha staff contact the
Kerber family or any otber party who might be interested
in the demoliton of the buildings at. the Eden Prairie
Stables: Motion seconded by Penzel, carried unanimously.
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Council Minutes — 7 - September 2, 1975
MOTION: Meyers moved that the Council approve
the low quote of $936 .00 and that Gunnar Electric -
proceed with the revised electric services at Eden Prairie Y
Stables. Penzel seconded, motion carried unanimously. '
2. Change Order #2 for Picnic Pavilion at Round Lake Park
and payment to Willard Eggan
F
City Manager Ulstad stated that the staff recommends
fireproofing paper on the roof of the Picnic Pavilion at
Round Lake Park.
MOTION: Penzel moved to approve Charxle Order #2
is
In the amount of $150.00 to the Picnic Pavilion contract.
Bye seconded, motion carried unanimously.
.C. Report of City Attorney
1. Report on Bryant Lake ^ark "roadway" .
City Attorney Perbix stated there may be a lawsuit in
blocking this road by certain PeOP1e in the area to prove
they have the right to use this roadway, ' Perbix
explained that after talking .to Ward Holasek, as far as
we know there is no easement of record and Holasek
maintains that whatever use was made of this roadway
by the people was done with his license.
No action necessary.
D. Report of City Manager
1 . Preliminary Draft of the 1976 City Budget.
City Manager Ulstad suggested that if the Council
has any additional information they would like included
In the 1976 budget to be sure and let him know.
He stated that if the 'individual department heads were
not satisfied with his recommendations, they could
appear before the Council to plead their case.
MOTION: Penzel moved to set a special Council work session
meeting for 10:00 AM, September 13 , 1975 at the City
Hall. Meyers seconded tho motion. Meyers , Penzel,
}aye and Pauly voted "aye", Osterholt voted "nay" .
Motion carried.
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Minutes -- 8 - September 2 , 1975
III. NEW BUSINESS
A. Penzel - repaving on Duck Lake Trail further to the east.
B. Bye - Commission information to be given to Council before
It goes to outside bodies.
C. Meyers - questioned staking of roads for a long weekend when
they are just torn up and thrown in the street.
IV. ADJOURNMENT.
Penzel moved to ad f ourn, Bye seconded . Bye , Meyers , Pauly,
Penzel and Osterholt voted "aye", motion carried unanimously.
Meeting adjourned at 11:25 PM.
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