City Council - 07/13/1976 i ;
APPROVED TO,TIN UTELS
EDEN PRAIRIE CI.'Y COUNCIL
lUESDAY ULY 13 1976 7:30 PM, CITY HALL
T
COUNCIL I�AEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
t-
COUNCIL STAFF PRESENT: City Manager Roger Ulstad E
City Attorney Harlan Perbix
City Engineer Carl jullie ;r
Director of Community Services Marty lessen 1
City Planner Dick Putnam
Finance Director John Frane i
y INVOCATION - Revere d Wes Brooks , Eden Prairie Assemblies of God Church
i
POLL CALL: A-11 members present. (Lye arrived at meeting at 7:45 PM)
s.
AG .*NDA A'_,?D OTI]ER ITEMS CIF BUSITTESS
The. followir.l-j items were requested tc be added to the agenda under the New
Business" category:
r
l
A. Discussion of a moratorfurn or, lakeshore develooment. Y
B. Report on Dutch Elm Disease Program .
C. Res rise to the citizen" concerried about traffic on I-liahway 5 and ti7est
78th Street.
D. Consideration of August 3 , 1976 for presentation of the Human Rights
Award . �--
E. Approval cf sicmace procrram for the Edenval.e Recreational Center area.
F . Resolution to set date for sale of improvement bonds to August 10 , 1976 .
G. Letter from Mr. Lloyd Cherne .
MOTION: Pierce moveu , seconded by Pauly, to z+pprove the agenda as
corrected and published . Motion carried unanimously.
NI �'s 4
I[. PU PI.I C I3EARI1.
Parhv:aye Apartments1 The Preserve , request to rezone approximately '
9 acre. �,itc to PM 2 . 5 for 129 rental apartments .
Mr. William Bale , 315 Peavey Building, legal counsel for The Preserve,
spoke to his communications dated 7/8/76 and 7/9/76 on the East/West Pkwy.Apts . ,
and communication dated July 13 , 1976 on the status of the Windslope project.
(See attached) . Mr. Bale answered questions of Council members.
Rosemary Dysinger, 15613 Lund Drive , questioned Mr. Bale's mention of $5, 000
to the City and asked what would happen as far as taxes to schools . Mr. Bale
s
replied that if East/West Apartments were approved by the City Council as a
221-D-3 project, it would have a negative impact on the School District of
$4 , 415 . 38 a year. Neill Lake Apartments would have a positive impact on the
School District of $3 , 622 . 32 . The two together mould mean a negative impact of
approximately $800 . 00.
a
The following residents of The Preserve spoke in opposition to the East/west
Parkway Apartments: Robert Cc:lson, 9061 Neill Lake Road , Michael
Sankey, 1.07419 Fieldcrest Road , John Bergin, 8705 Bentwood Drive ,
Barb Si;ogland, 10740 Fieldcrest Road, and Jim Mars, 10700 Lake Fall Drive.
. 1
The consensus of The Preserve residents present seemed to be that The Preserve.
managcnnent was riot living up to what they had promised, particularly the
prom i s e tria t there would be no rental apartments in The Preserve . d
t
}
TAOTIONI: Pauly moved, seconded by Penzel , to deny the request of The
Preserve to rezone the East/West Apartments , a 221-D-3 project , for the following
reasons: 1) Recnn,n,enciati on for denial ay the Planning Commission at their mieet i ng
held flay 24 , 1976, and 2) Letter from Phil Ri veness of the 1,n1.1th Hennepin Kxnan
Services Council dated June 22, 1976. Paulv. Penzel , Mevers and Pierce voted
"aye" , Bye voted "nay". Motion carried.
MOTION: Pierce moved , seconded by Pauly, to approve the East,/West Apartments
project based on HUD 221-D-4 financing and that the matter go back to the
Planning Commission for their recommendation. Motion failed unanimously.
(It was the consensus of the Council to vote down the motion as The Preserve
had not requested the East/Vb'est Apartments to be classified as a 221-D-4 project) .
B. I . C . 51-_2_9_3 , Bituminous Surfacing on Eden Prairie Road from County Road I to
ar oroxirnately 800 faet north of T . H. 169-212 .
City Engineer Jullie spoke to Resolution No. 1159 and recommended approval
of same . An assessment would be 1--vied at a rate of $1. 00 per abutting foot over
a three year period at 81X interest, or the total may be paid in full . Mr. Jullie
noted that his recommendation includes a larger area than originally petitioned
for by residents on the south end of Eden Prairie Road . (Petition on file at
City hail, along with a letter from Edward Frank representing himself and
Mr. Charlson dated July 7 , 1976, in favor of improvement as stated above) .
I
Mr, Knutson , 9800 Eden Prairie Road , not on any patition, spoke D; favor of the
Improvement . '
EE;
B. I. C . �1-29 3 n�):�_s SUrfncing on Eden Prairie road from County Road I to t
_1�-
t approxiunately <,0C; fi t north of T. H. 169-212 . (continued) ;
Leon Kruse , 9250•Eden Prairie Road , and Floyd Sable , 9580 Eden Prairie Road ,
spoke in opposition to this improvement and presented a signed petition from
some of the affected property owners. (Petition on file at City Hall) '
4
Jack Provo, 10040 Eden Prairie Road , spoke in favor of the improvement, particularly
on the south end of Eden Prairie Road.
f
E
NIOTIOTJ: Meyers :roved to ,:lase the Public Hearing and adopt Resolution No, i
1159 , ordering improvements on Eden Prairie Road , I. C. 51-293 , with the costs for ,
the materials to be assessed against abutting property owners and the City's
contribution being the work force to do the ae,tual construction. Further that
30 MPH signs be posted on Eden Prairie Road . Pierce, Bye and Meyers voted "aye" ,
Pauly and Fenzel voted "nay" Motion carried.
III. ORD?I,?.�.I�TCES W-SOLUTIONS
t
A. 2nd Readina of Ordinance No. 287 , Linden Pond, rezoning from Rural to R1-13 . 5 .
City Manager Ulstad spoke to Crdinance No . 287 and recommended approval i
of the 2nd reading.
MOTION.: Meyers moved , seconded by Bye , to approve the 2nd reading of
Ordinance No. 287. Motion carried unanimously.
IV. PETITION S REOUESTS & COMT\'•UIyICATi??\'S I
A . ATeill Lake Apartments_, The Preserve,request for modification of Development
Plan for 84 units .
__ � �._. ---�_� _ _
i
Villiarn Bale , 315 Peavey Building , legal counsel for The Preserve , spoke in
favor of The Preserve's request to have its 84-unit apartment project approved
as a substitute for the 105 unit condominium project approved for the site several
years ago . (Letter from Mr. Bale , dated July 8 , 1976 , explaining in detail
his request is on file at City Hall) .
Torn Bach, 9051 Neill Lake Road , presented a petition signed by 65% of the
residents of High Point in The Preserve , in opposition to the request by The
Preserve to develop the Neill Lake site for rental apartment use. (Petition on
file at City Hall)
Dave Helmer, 9101 Neill Lake Road , stated his purchase agreement to sell his
home depends on the Council's not rezoning the property as requested by The
Preserve.
` John Crouch , legal counsel for Tom Bach, spoke to his letter dated July 8., 1976
In opposition to The Preserve's request to change its PUD plan to permit the
construction of rental apartments on the Ridgewood Condominium site. (Letter
on file at City Half
.�� 17
A. NIeii}. :merits , The Preserve , request for loomcn!
Plan fc?r f. _urnitf7 (co ntinLied) --�
Ed Ginsbach, Ld.ina Realty, spoke on behalf of Mr. & Mrs . Dave Olson who will
purchase a home in The Preserve contingent on the Council's denying this request-
of The Preserve . They are not opposed to owner-occupied dwellings across the
street f,om where they plan tc buy. Originally they were told there would be nothing
but owner-occupied homes in the High Point area.
Robert Carlson, 9061 Neill Lake Road , John Bergan, 8705 Bentwood Drive , and
Jim Mars , 10700 Lake Fall Drive, also spoke in opposition to the request by The
Preserve .
MOTION: Pierce moved , seconded by Meyers , to continue the request of The
Preserve for modification of Development Plan?for 84 units , Neill -Lake Apartments ,
to July 27, 1976 , until the City Attorney has had a chance to read in detail
the letters from the legal counsel for the proponent and opponents and further
define what rights the property owners have under these situations , and what: Legal
ramifications.+i an the City expect if the project is approved or turned down from
the proponent or opponents . Pierce , Meyers , Pauly and Penzel voted "aye" ,
Bye voted "nay" . Motion carried .
B. 5 ettina of a Public fear inq redesirTnatina Planned �'rudy in Southwestern. Eden
" rairie t -at has reverted to I-General .v� �- `
MOTION: Pierce moved , seconded by Meyers , to set August 3 , 1976 as the €
Public Hearing date for redesignating Planned Study in Southwestern Eden
Prairie that has reverted to I-General . Motion carried unanimously.
C. Peauest b_v L�rke-wa1d/_T`r. Belvedere for the operation of a dental clinic in the
siriale_-residence_located at 8480 Franlo Road .
City Planner Putnam spoke to the Planning Commission's recornmendations at i
their meeting held July 12 , 1976.
City "Ittorney Perbix noted that no place in Ordinarce No. 135 dies it state that a
residence can be used for a dental office . We have discussed the creation of an
interim zone for transitional type uses. We have to accommodate these types
of uses when we have about 1 , 200 acres in the MCA which will develop over a long �
period of time. We should provide transitional type uses . The City's problem
is One of control .
Paisly explained that Dr. Belvedere would use his Eden Prairie office as a satellite i
office as lie has a Southdale office . He would have a staff of only two, and would
is
commit to being a single dentist. t
City Planner-Putnam stated that Er. Belvedere is buying the property for an investment
and he might be acceptable to any interim use ordinance we might have. I
_ _ 3�1-)r. Eelvedere for the operation of a dental clinic in the }
C . I'c•�t�est ��1f 1_�:�r}:n_.nvralc -
s inc;l e rc:s idr,nc; located at 8480 Franlo Road. (continued)
Gil Darkenwald, 11803 Franlo Road, explained that the house would remain
the same . There will be, no expensive remodeling - the expensive item would �
be the equipment Property owners in the immediate vicinity are in favor f
of this request as the house has been vacant for 12 months and would be better
maintained with Dr. Belvedere officing in the home.
i
MOTION: Pauly moved , seconded by Bye, that the City allow the interim use
of the existing single home at 8480 Franlo Road and that Dr. Belvedere commit
to a one man dental office for five years in conformance with the June 15 , 1976
site plan, with the elimination of parking stalls 1, 2 , 3 , 4 , 5 , 6 , 7 and 8, with s
future parking in the rear, and staff report dated June 23 , 1976 . That Dr . Belvedere
agree to conform with any Major Center Area Ordinance that the City might i
adopt in the next five years pertaining to interim use . Further that the onsite
sewer system and site drainage mlist meet all City.requirements and not create
sanitary or drainage problems , and that no occupancy will be allowed if problems
are excerieneed . Motion carried unanimously.
D. Recuest from iler,:tom to consider changes of rezoning agreement dated May 21, 1S75 .
Cit.,, Ulstad spo),,e to communication from Robert L. Davidson, legal
cOu:,sea for PeMtOm , requesting changes in the rezoning agreement between Pemtom
and the City of Eden Prairie dated May 21, 1976 .
i.
MOTION: Bye moved , seconded by Meyers , to accept the changes in the
rezoning agreement with Pemtom as per communication from Robert L. Davidson,
legal counsel for Perr_tom, dated July 8, 1976 . Motion carried unanimously.
V. F_EP_ORTS O F G FFICERS, SOAR DS & COMM ISSION
A. Reports of Council members .
Pauly reported on Planning Commission meeting held July 12 , 1976 .
B. Reoort of City, Manager
1 . Condon/Naeciele Rezoning Agreement.
Several changes were requested to be included in the draft rezoning agreement
with Condon/Naegele Realty dated July 1, 1976 .
City Manager Ulstad explained that the reason for bringing the draft copy of the
rezoning agreement before the Council was to make sure everything was included
before negotiating with the proponents .
Council requested City Manager Ulstad negotiate the amended rezoning agreement
with the proponents and bring the signed agreement back to the Council for final
approval .
LA
i
A
I ,
' ")TION: P,,erce moved, secenr'u-' t. L'y2 , t^. Cgnti ► o —y r� `
i ..uti �.��t. �Tic�.:�i.li� until 1C �ll /�i'�. 1'Ic!t�ctrl
carried unanimously.
C . Report of Director of Community Services j
1. Eden Prairie Equestrian Center Lease
MOTION: Bye moved, seconded by Pauly, to grant a 2-week extension
for consideration of the Eden Prairie Equestrian Center Lease.
Motion carried unanimously. E
2. Swimming Pool - consideration of joint venture with School District.
w
City Manager Ulstad recommended that the Ichool District should provide
and set an arnount of the bond issue for the type of swinaiing pool that is
a community type pool , and the City would work out a maintenance agreement
with the School District.
D. wort of P1 an�ni ng Director
1. Recommendation from Human Ri cshts Commission regarding the committee Studying
Cornm_unit_y Based Services Board jffffp , on the Board ' s objectives and
membership!.
Planning Director Putnam spoke to the reconi endati on; of the Humnart '
Rights Commission regarding the setting up of the Community Based
Services Board.
Rosemary Dysinger, Chairperson of the Human Rights Commission, introduced
two of the persons who volunteered to serve on the Board as at-large
representati ves : Liz Retterath, 9011 High Point Ci rcl e,and Sandy
Sakella , 8751 Bentwood Drive.
MOTION: Meyers moved, seconded by Pierce, that the Council accept
the recon:-rendations of the Human Rights Commission regarding the i
Community Based Services Board as outlined in May 17 , 1976 minutes ,
and establish membership and at-large membership wi th the people
vvho have agreed to serve on the Board as outlined in May 17 , 1976
minutes. Motion carried unanimously.
2. Crosstown extension_ from Shady Oak Road to I-494. Consideration
of access to Beach Road and Cooley Road.
City Planner Putnam spoke to Planning Commission`s recommendations in
minutes dated June 28 , 1976 .
Herb Klossner , Henr,-�z:pin County Public Works Department, explained that in
Resolution No . 892 that was passed by the City Council of Eden Prairie
In Fall of 1974 indicated that they had approved the layout subject to
certain conditions , which the County has responded to.
f
4
2 . Crosstc)vrr, e:�:tension frum Shady Oak Read to I-494 (continued)
fullie Larson , f>505 Rowland Road , stated that she and her husband are
stuck with high taxes because the City will not change zoning.
Fred Saxe , 6751 Beach Road, explained that he felt isolated and that- school
busses will not come down the road in bad weather. He further stated
that he does not wish to be closed off from Eden Prairie and that he is
opposed to the whole extension , but would like to have a better access
than an at grade crossing.
MOTION: Meyers moved , seconded by Pauly , that the Council adjust its
approval of the Beach Road access to the Crosstown given previously and
substitute for it the Alternative A in the staff report dated May 20, 1976 ,
with no access from Leach Road to the Crbsstown, and to include
recornmerd3d agreements 1, 3 , 4 , 5 , and 6, thus eliminating 2 , as outlined
in letter dated August 9 , 1974 . Further that staff work, with the County for
sources of funding for construction of a bridge over 494.
tr r
KloEsner replied that the County has done what the City has asked and that
sources of funding are nil. Further he stated that if the City Council takes
this type of a stand, h� does not see any chance for construction as it puts
the County in the middle of a dispute hetveen Minnetonka and Eden Prairie .
If this dispute cannot ins resolved , the Crosstown Extension will go no-
where .
z
City Manager Ulstad suggested the staff of Eden Prairie work with the
staff of R.innetonka and come back to the Council vrith a report within k
a couple of weeks .
NOTION: Pierce moved, seconded by Bye, to table the previous motion until the
July 27 , 1976 Council meeting for further information to be gathered by the
Eden Prairie staff and the staff of Minnetonka . Pierce, Bye , Pauly and Penzel
voted "aye" , Meyers voted "nay". h4ot;ion cani-ed.
MOTION. ',Nleyers moved, seconded by Pauly, to continue the Council meeting until all
items on the agenda have been completed . Motion carried unanimously.
E. wort of City Engineer_
1 . Consider bids re,-!eivt rd on 7/9/76 for Mitchell I,al:e PUD Improvements ,
I. C . 51-2E,9 .
City N9anager I:Istad recommended the Council accept the love bid from
I`Torthern Contracting in the amount of $562 , 069,00 .
MOTION: • W, c:yrrs moved , seconded by Pierce , to adopt Resolutior: No. 1160,
awarding the low bid for ItAitchell Lake PUD Improvements , I. C. 51-289 ,
to Northern Contracting subject to the City receiving a letter of commitment
from Pemtom th t they will proceed with residential construction. Motion carried
unanirrousiv. '
M
::rrr ivy: fca � i1,"._'' refit>rt for ca_nit,�ry sev:er,_ sturni _sewer, and_v;ntnrmG,ln
1r;1 C Tl '_Ili_{r` .> rVjCrl rtr In the yicinjty of .AInst 81h 5. t -.i
grid Eden I . C. 51-284 .
Dave Husby, RCM Associates , outlined the Feasibility Report dated
July, 1976 , and answered questions of Council members .
MOTICI : Meyer: moved , seconded L_ Penzel, to adopt Resolution No.
1161 , receiving rc--port and calling for a puLlic hearing to he held !Wgust 3 ,
1976 for I. C . 51-204 . TVoticr. car: ' ud unai-,iniously.
3 . ! ram i ve fed s j'" report for street Improvements in the M e: ._ fra rtl
Dave Ilushy, RC:'TA Associates outlined the Feasibility Report dated
July, 1916 .
Glen Shaw, representing owners of Blocks 5 anu 6 , stated they xvould
rather leave the blocks as they are. The feasibility costs would be spread
over the existing lots .
MOTIOILT: Meyers moved , seconded by Pierce. to adopt Resolution. No.
1165 , receiving- r::�sibility report and ^Z�114ng for a Dubli^ Hearing for
August 3 , 1976 fc,r ?reject 1 . C . 5I-292 . Tviotion carried unanimously_
4 . I; grove Plans Etn-3 and order advertisement for !bids for
St-eet_ On F•. �Oi�� : are and o✓erla+ en Anderson Lakes
Per}_vaa-u_ I. C._5_i_G�G � _ -- _--
i
MOT TJ;eyers moved , seconded by Pauly, to adapt Resolution No. 1162 ,
approving plans and specifications and or-daring advertisement for bids can
F•ro,iect I. C. 51-282 . Motion carried unanimously.
5 . -in,-,I Flot approval for Eder-vale 12 Addition and Linden Pond Addition.
MUTI71,�: IVIeycrs moved , seconded by Pierce, to adopt Resolution No.
1163 , approving i inal Plat of Eden -ale 12th Addition. Motion carried
unanimoirsi.y.
M,O' iON: Meyers moved , seconded by Penzel , to adopt Pesolution No. 1164 ,
a}1F•r"_�:'in� F:r,:�l Plat of Linden Pond Addition arr.ending ;:ity Engineer's memo
1976 , 2nd page , -to read ,r iervale Boulevarci from Woodhill
T� a�? should Lu rough graded and seal cc.)3terl" . TvIotion carried unanimously.
6 . Rrcommcn.lation on Malley View Road �Ai;-:mm�_nt west of County Road 4 .
MOTION: Meyers moved , seconded by Penzel , to adopt the Staff
Recommendations dated July 9 , 1976 on Vallev View Road Alignment
West of County Road 4 . Motion carried unanimously.
F . Report of Finance Director
1 . Draft contract for IBM Punch Card Voting System .
Finance Director Frane outlined the draft agreement f:)r the purchase of
voting equipment and spoke to communication received frzm Edgar Lellbach, s
Area Manager, CES Company dated. July 1 , 1976 .
MOTION: Pierce moved , seconded by Meyers , to approve the draft
agreement for the purchase of voting equipment_with the understanding
that CES will train_ personnel to trouble shoot at the November 2nd
election.*'Further insert in Mr. Lellbach's letter dated July 1, 1976 under
item 1 , at the end of line 1 , "City Staff, citizens , " . Motion carried
unanimously.
b
2 . Pidr for S''eelrr:Fn Fouse
( i
` City I"anauer UT e>:piained that one bid had been received for the 1
home at 8410 Flying Cloud .Drive from Paul Redpath in the amount of $50. 00 . A
4
MOTION: Meyers moved , seconded by Pauly . to accept the high bid of 1
$50. 00 for the home at 8410 Flying Cloud Drive , and authorize ifzsale .
Further direct City Attorney to prepare necessary documents for the Mayor
to sign. Motion carried Unanimously .
Mr. Redpath thanked the Council on }ehalf of the Tri Nguyen family for the use
of this home during the past year, and introduced Mr. Tri Nguyen to the Council.
3. Payn.ent of Claims Nos . 1853 - 2013 .
MOTION: Bye moved , seconded by Meyers, to approve Payment of Claims
Nos . 1653 - 2013. Roll Call Vote: Bye , Meyers , Pauly , Pierce and Penzel
voted "aye" . Motion carried unanimously.
4 . Precinct Pollina, Places
Finance Director Frane spoke to Resolution No . 1158 designating precinct polling
places .
MOTION: Bye moved , seconded by Pierce, to approve Resolution No. 1158
designating precinct polling places in Eden Prairie. Motion carried unanimously.
Frane explained that a mailing will be sent out to all registered voters informing
them of the precinct polling places,
A . Discussion of a moratorium on lal:eshore development.
Meyers stated that we are going to have a Shoreline Management Act and
suggested that the Council consider placing a moratorium of six months on
lakeshore development before adopting a Shoreline ;Management Act.
MOTION: Meyers moved, seconded by Pauly, to instruct the staff to research
and draw up a Shoreline Management Ordinance. Motion carried unanimously. K
a
B. Report on Dutch Elm Disease Program.
Meyers asked what seems to be the problem with our TreeDisease ro
Y p Program .
.
Director of Community Services Jessen explained that due to the bad publicity
the City has received there is a negative attitude of people toward our Tree
Disease Program . He further explained that we have ordered some equipment
to treat the Aalthy dutch elm trees , and are planning to make this equipment
available to homeowners free-of-charge . Also that we will be getting some
mone}- back from the State for our efforts in this area .
'.IC T IO2,7 : moved , seconded by Pierce , to instruct the staff to develop a
specific rece!rlmenclation for replacing diseased trees and receive publicity
on same . M� otion carried unanimously.
C . Response to the citizen concerned about_traffic on Hiah�vay 5 and West 78th
Street.
NByers spoke to communication received from Willard Moline ref ering to the
hazardous traffic problem on Highway 5 and West 78th Street. City Engineer
Jullie explained that he has met out on the site with Mr. Moline and Ernie Echols
and has sent a plan to the Highway Department regarding striping and other ways
to make this area safer.
D. C:onsideration of August 3 , 1976 for presentation of the Human Rights Award.
MOTION: Pierce moved , seconded by Pauly, that presentation of the Human
Rights Award be made on August 3 , 1976. Motion carried unanimously.
E . Ilsp-Loval of signage r'rogram for the Edenvale Recreational Center area .
City Manager Ulstad explained that Edenvale had presented their signage program
for the Edenvale Recreational Center area to the Planning Commission on July 12.
City Planner Putnam outlined the signage program and the recommendations of
the Planning Commission .
MOTION: Pierce moved , seconded by Bye, to approve: the sig,.QgC program for
the Edenvale Recreational Center area . Pierce, Bye, Pauly and Penzel voted "aye" ,
Pvleyers voted "nay" . Motion carried.
1 . T?csoT"�iicr' i ..• r'�=� f(.)r rulc= of improvement bondz to August 10, 1976. .j
\\ MOTION: Picrce rnoved ,seconded by Bye , to adopt a Resolution setting 'g
August 10 , 1976 as the date for the sale of Improvement Bonds. in the amount
$3 , 000 , 000. 00. Lotion carried unanimously. V11
G. Letter from Mr, Lloyd Cherrie. `+
3
City Engineer Jullie spoke to communication received from Lloyd G. Cherne
dated July 9 , 1976. i
MOTION: Bye moved , seconded by Penzel, to authorize the City to purchase right-of-
way acquisition and perrnanent slope easement on Lloyd Cherne's land fronting
T. H. 169 in the amcunt of $12 ,104 . 00 as per communication dated July 9, 1976 .
Motion carried unanimously. •
XIII. ADTOURNMENT.
MOTION: Bye nerved, seconded by Pierce , to adjourn the meeting at 1:10 AM. Motion
carried unanimously.
{
E
t