City Council - 10/07/1975 - - .APPROVED
MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 79 1975 7:30 PM, CITY HALL
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COUNCIL M MBERS: Mayor D. W. Osterholt
William Bye
Joan Meyers r-
Sidney Pauly
Wolfgang Penzel
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
Planner Dick Putnam
Director of Community
Services - Marty Jessen
Finance Director John Frane
Engineer Carl Jullie
Recording Secy. Belinda Vee
INVOCATION - Given by City Manager Ulstad
PLEDGE OF ALLEGIANCE
ROLL CALL - All members present.
1. MINUTES OF THE SPECIAL COUNCIL MEETING HELD SEPTE 4B.ER 11, 1975
Pg. 1, Para. 1, Insert "basic" prior to "transport" .
Pg. 1, Para. 4, Insert "basic" prior to "transport" .
Pg. 21 Para. 29 Delete "south" , insert "southern E-411 . .
Pg. 2, Para. 3 , Correct "Sheet' to "Scheel' .
Pg. 3 , Para. 7, Correct "Devar" to "Devair".
Pg. 4, Para. 4, Place quotation marks around phrase "what is
good. . .people" .
Pg. 5, Para. 21 Correct "Sheet' to "Scheel'.
Pauly moved to approve the minutes as corrected and published,
Penzel seconded. Bye, Pauly, Penzel and Mayor Osterholt voted
"aye" , Meyers abstained. Motion carried.
MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTIZIBER 239. 1975
Pg. 2 , Para, A. , Insert 1110" after "November" .
Pg. 3 , Para. 4, Correct "Bermal"' to '"Bermel"' .
Pg. 3 , Para. 12, Delete "sod" , insert "settling curbs".
Pg. 4, Para. 1, Delete "sod" , insert "settling curbs" .
Pg. 4, Para. 7, Correct "Reigert" to "Riegert" .
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Minutes -2- October 7, 1975
` I. MINUTES OF THE PXGULAR COUNCIL MEETING. . . (Cont'd. )
Pg. 4, Para. 10, Delete "service" , insert "sewer line" . Insert
"hook-up available" after "not with sewer".
Pg. 5, Para. . III.B. , Insert "and instruct staff to investigate
feasibility of the City contracting for hook-
up and assessing cost to owner" after "approval" .
Pg. 6, Para. 6, Delete "instruct" , insert "work with" .
Pg. 6, Last Para. , Delete "Messrs. . . .responded" , Insert "Messrs.
Ovick Architect) , Lamm (School Bus. Mgr. ) ,
Schee School Administrator) , and Walztoni
(Trans. Dir. ) presented the request and
responded".
Pg. 7, Para. 7, Insert "the" after "correct" and "obtain
payment" after "mistake" .
Pg. $, Para. 1, Delete "as they are not suitable".
Pg. 99 New Business (Penzel) , add "to be held October 69 19751".
Penzel moved to approve the minutes as corrected and published,
Meyers seconded. Meyers, Penzel, Bye and Mayor Osterholt voted
"aye", Pauly abstained. Motion carried.
II. PUBLIC HEARINGS
A. Continued 1975 Special Assessment Public Hearing.
I. I.C. 51-2599 STM 73-4-17, Neill Lake Storm Se-wer Project.
Engineer Jullie explained the project and suggested three
methods of approaching the assessment .
Council members discussed the suggested methods of assess-
ing the cost of the project. Some of the concerns raised
were how certain are we of these future 4ones2 whether
people living in single-family hones could tolerate these
assessments, if assessment could be levied now as single-
family homes and then brought up to commercial in five
years, the few acres involvedp etc.
2. I.C. 51-263 and I.C. 51-264, WTR 74-8-01 and SAN 71-7-34•
Engineer Jullie explained the project and there were no
questions from the public or Council members.
3 . I.C. 15-267t STR 73-3-27
Engineer Jullie explained the project and there were no
questions from the public, but Council members discussed
the method of assessment for Mr. Seifert and the fact
he was the fce owner of land but the developer made a
commitment for the assessment and also if percent of
assessment should equal percent of benefit.
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Minutes --3— October 71 1975
II. PUBLIC HEARINGS (Cont'd.)
A. Continued 1975 Special. . . (font' d. )
Meyers gloved to close public hearing and adopt Resolution
No. _ 1031 k with Exhibit A including the following changes:
Item I , to be increased from original assessment of $971, 100
to $1 , 013 ,295 as Total Project Cost; Item 2, Connection Charge
$100 per residential dwelling unit; and Item 3, Correct "is" after
"Permit" to "was" and delete "$5 , 100" , insert "$4,000" and add
"and defer $6,000 until rezoning Penzel seconded.
Bye, Meyers, Pauly, Fenzel votes "aye" , Ilayor Osterholt
voted "nay" , motion carried.
B. Bituminous overlay on Riley Lake Road Project STR 75-3-13
} Resolution utlon o . 1030
Engineer Jullie explained the purpose of the project and
cost of same .
Mr. Wallace Anderson stated he owns summer property along
this road and questioned the need for bituminous overlay
and stated it vaas adequate to oil the road twice a year at
appropriate times for dust control. Also, stated he did
not think it was fair to assess summer owners on the same
basis as year-around property owners. He cited exanples
of rural roads which are oiled at appropriate times and
it seems to be adequate dust control.
Engineer Jullie explained the oiling of the road has not
been adeouate for dust control.
Mr. Shuldhiess asked if they were talking about the full
road or partial and said he is not in favor of a partial
project, but did not want to place a burden on others.
Mrs. Joan Thomas said she was in favor of the project as
the oil does not help the problem.
I•ir. Wallace Anderson said he is for the problem of settling
dust, but concerned about the assessment and how it would
be levied. He said the road is used 9Z by people other
than the property owners. ?layor Osterholt and City Manager
Ulstad explained the assessment is levied against the
property and it makes no difference if an individual lives
there for three months or twelve months of the year.
Council members discussed the cost of the project and the
cost of yearly oiling.
Pauly moved to close public hearing and adopt Resolution
No. 1036 for project Sco a A--2 plus the road along Parcel
No. 4460 (Dutch's Resort, 14eyers seconded. Bye,, Meyers,
Pauly, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously. J
Minutes -4- October 7, 1975
II. PUBLIC HEARINGS (Copt ' d.)
C . #r`169 Mini-Sector Study, report b . Brauer & Associates.
Resolution i o . Oj .
Planner Putnam: three reports were presented and defined
the study area. He then explained the various alternatives.
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Firs. Simchuck stated Alternative A is only one which would
save their home .
Mr. Lowell Noteboom, representing Phoenix Petroleum Co . , ?
asked where Phoenix Petroleum fit in the plans and what
are the plans for this company. Putnam explained that
particular location was designated as highway commercial.
Also, he asked is the fact this is on the agenda - the
Council is going to accept or reject the Brauer report .
Mayor Osterholt stated that was true .
Mr. Grant Habegger urged the Council to adopt one of
the alternatives as the intersection is dangerous and
he put his stamp of approval on the study.
Mr. Simchuck explained that he thought the signalized intersection
should be placed between Modern Tire and Energy Systems , particularly
for reasons of safety.
City :tanager Ulstad stated r•'Irs . Hargrove called dim
and wanted it on record that she is concerned about the
connection at Sunnibrook and street immediately to the
north. He said he explained these are suggested routes.
Mr. Simchuck asked if re-routing of Highway `169 would
affect this area and Mayor Osterholt stated he thought
it would, but the Community would be further developed
at that time . • .
Mrs. Simchuck asked about the street servicing VoTech,
The Mayor explained it is not a public street,
but an access street for VoTech.
Penzel moved to adopt Resolution No. 1035 and close public
hearing, the study to be adopted as an amendment to the Guide Plan in
accordance with Planning and Zoning Commission's recommendations
and the amending of Item 7 to state "That the east/west
collector should connect with the #169 Highway with con-
sideration given to spacing from other streets. . . ; and
amending Item 10 to state "That all alternates are possible
at a future date as a wav of extending the east/;•rest
collector street to 74`169; and the western north/south local road
connection between Sunnybrook Road and east/west collector
be deleted from maps, and the preferred alignment for the north/south collector
was an intersection with Homeward Hills Road, Pauly seconded.
Bye, "•ieyers , Pauly, Pen--el and Mayor Osterholt voted "aye",
motion carried unanimously.
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Minutes —5-- October 7, 1975
II. PUBLIC HEARINGS (Cont' d.)
D. Modern Tire & Energy Systems Rezoning recuest for rezoning
from Rural to Industrial for trie bloclern Tire k9051 Flying,
Cloud rive and Energy vstems ng oua Drive ) ,
first Rea din- of Ordinance No . 7 . F
Mr. Duvick appeared before the Council to make his request
for re.:oning so they could add a 50' x 100' addition to
their present building.
Planner Putnam presented the Planning and Zoning Commission' s
report .
Council members discussed the property lines , easements,
location of road, Brauer & Assoc . ' s recommendations, single
access to 1169, boundary lines of Modern Tire , etc .
Mr. Crouch, the attorney representing Modern Tire, explained
the .survey. He also requested he receive approval for his
client this evening so they could obtain a building permit
and asked about the various conditions being placed on this
rezoning request. Attorney Perbix explained the rezoning
process .
Meyers moved to close public hearing and adopt first reading
of Ordinance No. 295 based on the recommendations of the
#169 Mini Sector Study and August 25 , 1975 recommendations
of Planning and Zoning Commission and further direct City
Attorney to draft rezoning agreement and to instruct the
staff and attorney to resolve eastern boundary of property
line and if it does include buffer area, that restrictions
for development in that area be included in the zoning agreement,
Bye seconded. Bye , 14eyers , Pauly, Penzel and Mayor Osterholt
voted '°aye" , motion carried unanimously.
E. Prairie Latm & Garden request by Stanle Rie .,ert to rezone
a_p,proximate 1 acre from Rural to commercial for a lawn
-warden store* First e�ng oF Ordinance No . 296.
Planner Putnam reviel:ed the request for the Council. Council
members discussed present road and whether it was adequate
for the traffic .
Penzel moved to close public hearing and adopt first reading
of Ordinance No. 296 rezoning to I-2 Park, instruct City
Attorney to draft a rezoning agreement, and require the proponent
connect with Westgate Blvd. as soon as it is completed at his
expense and cut off current access ,Pauly seconded.Bye, Meyers,
Pauly, Penzel and Mayor Osterholt voted "aye" , motion carried
unanimously.
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Minutes -6- October 79 1975
II. PUBLIC HEARINGS (Copt ' d. )
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E. Prairie Lawn & Garden. . . (Cont• d. )
Meyers moved that Council direct Planning and Zoning
Commission and staff to initiate studies on remaining
17 acres in this area as to I-2 zoning with a report
to Council for possible rezoning in February, 1976,
Bye seconded. Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
F. Hustad Office/Industrial/Residential PUD, request for
Pun concel2t olaR arproval,and rezoning: from'�ur�alto
or the office portion o.t the PUD. Firstreading
of OrdinEnce No. 7,97 and . eso u ion No . 1039. 31.
Mr. Bonner of Hustad Co. p resented the request and stated
there would be three uses of the property industrial* office ,
and residential. He stated the open space would
be preserved as would the flood plain. Also, they will
dedicate the flood plain to the City and give a scenic
easement on the wooded knoll.
Council members discussed the proposal and the possibility
of a cul de sac at Creekwood Road.
Penzel moved to clove public hearing and adopt Resolution
No. 1039 for PUD concept approval and include the reco-
mmendations of the Planning and Zoning Commission and
instruct City Attorney to draw up developer' s agreement
incorporating any suggestions or recommendations from
the Riley-Purgatory Creek 41.atershed District and Park
and Rec. Commission with respect to water control as a
result of development as indicated in the concept plan
for first stage rezoning, Bye seconded. Bye , Meyers,
Pauly, Penzel and Mayor Osterholt voted •'aye", motion
carried unanimously.
Penzel moved to approve first reading of Ordinance No.297for re-
zoning to office . Bye seconded. Bye, Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye" , motion carried unanimously.
G. 01 pic Hills Phase III request for PUD Development j
a .vrova rezoningr 1 a anpreliminaryA at approval
or 34 units on approximately acres* Ordinance lo. b.
City Manager Ulstad explained the request and Mr. Bruce
Knutson of the development company presented the- plan
for Council consideration.
Mr. Emahiser asked about bonding for the project and City
( Manager Ulstad stated it is $5000 for single family and
` $25#000 for multiple units.
Minutes . -7-- October 7, 1975
II. PUBLIC HEARINGS (Cont' d. )
G. Olympic Hills . . . (Cont' d. )
A discussion followed by Council members concerning the
recommendation by the -Planning and Zoning Commission
which differed from the requirement the Council placed
on the rezoning to have the entire golf course remain as open
space .
Planner Putnam stated his concern that the request seemed
to be excessive based on the units concerned.
Council members discussed whether the original action should
stand, development around the peripheral area, perpetual
easements) etc .
Mr. Mike Adams, attorney for Olympic Hills , stated he was
opposed to dedication of the entire course as an easement at this
time as it would close any chance to-develop the adjacent property and
said he did not think this was a reasonable request.
MOTION: Bye moved to close the Public Hearing and grant
development stage approval for Phase III of Olympic Hills PUD
72-11 based upon the September 8, 1975 report and recommendations
of the Planning and Zoning Commission, Penzel seconded . Bye,
�f( Meyers, Pauly and Penzel voted "aye" , Osterholt voted "nay
4.. motion carried .
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MOTION: Bye moved to approve Ordinance No. 298 rezoning from
Rural to RM 6 .5 for the Olympic Hills Phase III 34 unit single
family and double bungalow project based upon the September 8
Planning Commission recommendations and the Planning and
Engineering staff reports , and instruct City Attorney to draft a
rezoning egreementl Meyers seconded.
Penzel moved to amend the motion to delete recommendation "F" ,
Osterholt seconded. Penzel and Osterholt voted "aye", Pauly, Bye
and Meyers voted "nay", motion failed :
Bye moved his previous motion approving Ordinance No. 298 .
Bye, Meyers, Pauly and Penzel voted "aye" , Osterholt voted
nay" , motion carried.
H. Area 5A The Preserve ,,_ request for rezoning from Rural to
-1 . 7 or 51 lots on approximate aporoximately 18 acres. The site
is locatod on ran o _.oa south o the east viest pairk—l.ray
and east o ymnic Hills to be ca—l-Led Amsden Hills,
Ordinance I�,o . , first rea in-. .
Mr. Hess of The Preserve presented the request .
Council members discussed the Planning and Zoning Commission' s
concern about the City approving projects requesting these
variances as the Council had decided not to amend Ordinance
No. 135 adopting blanket setback variances .
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Minutes October 7, 1975
II. PUBLIC HEARINGS (Cont'd. )
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H. Area 5A , . . . (Cont'd. )
Mr. Hess staters he was in sympathy with the Planning and
Zoning Commission, but hoped this project zrould not become
a "whipping boy" as their goal is to achieve moderate cost g
housing.
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Penzel moved to close public hearing and approve first
reading of Ordinance No. 299 and applying the recommenda-
tions of the staff report as listed: in Planning and Zoning
Commissions minutes of September 29, 1975, Bye seconded.
Bye , Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" ,
motion carried unanimously.
I. Parkvie:,: Phases 2 and 3 reconsideration of the densities
in Phases 2 and 3 forthe ParTcvieei PUD as contained in
Resolution o. 1505 .
Mr. Peterson of Eden Land Corp. stated he ..as concerned
about the ...o-Lding "future building sites of varied building
types to fit terrain". He would like to see it changed
to "a building, type to fit terrain" .
Meyers moved to amend Resolution No . 505 6y P`�C"
according to the Planning and Zoning Commission's
recommendation of September 29, 1975 , amending #2 to read:
That varied building types to fit the terrain be used on the later
phases of the project.
Pen-.el seconded. Bye , Meyers , Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
III . PETIT IONS, REQUESTS AND COI;2rUNICATIONS
A. Request by TJ. Gordon Smith Company ( Jesse SchL.rartz) to
install a retail as pump in an Industria
Wallace Roaa.
City Manager Ulstad reported the Planning and Zoning
Commission recommended approving request and all property
ovrners have been notified and the City has not received
any objections. Putnam explained traffic pattern for
the benefit of the Council.
Mr. Sch:•:artu explained they will dedicate land for access
and the City to build it and then assess it back to their
property.
A►eyers moved that Council approve request based on the
r recommendations of Planning and Zoning Commission for
the maximum limit of 3 pumps dated September 8, 1975
and also approve lot siNe variances that will be created
since oi.mer has been requested to dedicate right-of-way
and trill be assessed accordingly, Penselseconded. Bye ,
Meyers, Pauly, Penzel voted "aye" , Mayor Osterholt voted
"nay", motion carried.
Minutes -9— October 7s 1975
III. PETITIONS, REQUESTS AND C01-2.1UNICATIONS (Cunt' d.)
B. Reouest by Northwestern Bell for under ,round cable easement
across t o itv ar aeaica a ac n n z a e cross s
Ist Addition,
City Manager Ulstad recommended approval and explained the
request.
Meyers moved to approve the request by Northwestern Bell
subject to the memo dated October 2, 1975 by Director of
Community Services Jessen, Penzel seconded. Bye, Meyers,
Pauly, .Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
C. Recuest_�bbyG�Ge_orp:e M. Hansen Com anv to conduct 1975 Aud�_t
of the Ultyo z; en Prairie. onununzca non dated 5728775) .
Penzel moved to continue matter to meeting of October 14s,
1975 and direct staff to investigate comparable service
from other auditors, Pauly seconded. Bye, Meyers, Pauly,
Penzel and I4ayor Osterholt voted "aye" , motion carried
unanimously.
IV. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Report of City EpLineer
1. Consider bids received on October 29 1975 for bituminous
overlay on Riley Lake Roa C Project .
-� 1. Resolution ution r o . 1537 .
City Manager Ulstad explained the bids had been received
and tabulated.
Engineer Jullie explained the bids received and the
way he requested the improvement project be bid,
Pauly moved to adopt Resolution No. 1037 awarding the
contract to Bituminous Roadways, Inc. , the lowest
bidder, Penzel seconded. On a Roll-Call Vote Bye,
Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" ,
motion carried unanimously.
Penzel moved to assess the project on a front-foot
basis, Bye seconded. Bye , Meyers, Pauly, Penzel and
Mayor Osterholt voted "aye" , motion carried unanimously.
2. Final. Plat approval for St. John's Wood 6th Addition.
Resolution No. 1033.
Meyers moved to adopt Resolution No. 1038, Pauly
/ seconded. Bye , Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye" , motion carried unanimously.
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Minutes —10— October 7, 1975
IV. REPORTS OF OFFICERS, BOARDS AND C0114ISSIONS (Cont' d. ) yt
A'. Report of City Engineer (Cont'd.)
3 . Communication from Henneoin Countv regarding Bituminous
Overlay . on Birch Isla-ETRoaElout of County Road 07.
Engineer Jullie explained the County' s position on
this upgrading. No action.
B. Report of City Manager
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1. 1976 Budget , Resolution No . Ol,l, .
Council members discussed the budget as finalized in
the meeting held October. 6, 1975 . Some discussion
centered around cutting the 101i', Contingency Fund to
about $;'a and any possible reduction in expenditures.
Penzel moved to adopt Resolution No. 1044 approving
the 1976 budget for the City of Eden Prairie, Bye
seconded .
A Roll-Call Vote was taken and Bye , Meyers, Pauly,
Penzel voted "aye', ., Mayor Osterholt voted "nay" ,
motion carried.
2 . Report from School District 272 to expand bus garage .
City Manager Ulstad explained the State of Minnesota
does not recuire a School District to put in a sprinkler
system as previously requested by the City. Council
as recommended by the staff.
No action.
C . Report of Finance Director
1. Imorovement Bond Sale . Resolutions Nos. 1041, 1042 & 1043 .
Finance Director Franc explained the need for a
bond sale and the status of the City' s bond rating.
He stated it would be necessary for the Council
to set the date for the receipt of bids and suggested
Novenber 4, 1975 . Frane responded to questions by
Council members.
Mevers moved to adopt Resolution No. 1041 for
$900, 000 in improvement bonds, Penzel seconded. Bye ,
Meyers, Pauly, Penzel and Mayor Osterholt voted
"aye", motion carried unanimously.
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Minutes -11- October 7, 1975
IV. REPORTS OF OFFICERS, BOARDS AND COM-USSIONS (Cont'd.)
C. Report of Finance Director (Cunt'd. )
1. Improvement . . . (Cont'd. )
Meyers moved to adopt Resolution No. 1042 for
$19000,OOO GO Obligation Sewer and Water bonds,
Penzel seconded. Bye , Meyers, Pauly, Penzel
and Mayor Osterholt voted "aye" , motion carried
unanimously.
Meyers moved to adopt Resolution No. 1043 for
$250vOOO Equipment CertSficates, Pauly seconded.
Bye, Meyers, Pauly, Penzel and Mayor Osterholt
voted "aye", motion carried unanimously. '
2. Clerk's License List
Penzel moved to adopt Clerk' s License List, Bye
seconded. Bye, Meyers, Pauly, Penzel and Mayor
Osterholt voted "aye•', motion carried unanimously.
V. ND.ND.r BUSINESS
Penzel moved to instruct staff to work with Historical Society
for specific purpose of navies for streets now in planning stage
in line with Eden Prairie' s history and present report to
Council the third meeting in November, Pauly seconded. Bye o
Meyers, Pauly, Penzel and Mayor Osterholt voted "aye" , motion
carried unanimously.
Meyers - requested the letter dealing with the Minnesota
River Valley be typed for the signatures of Council members.
Ulstad - There will be public hearing on October 29, 1975
regarding the Purgatory Creek open space recommendation.
VI. ADJOURNMENT
Bye moved to adjourn, Meyers seconded. Bye, Meyers, Pauly,
Penzel and Mayor Osterholt voted '"aye", motion carried
unanimously.
Meeting adjourned at 12: 20 AM.
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