City Council - 08/24/1976 AP1-1R0V-'EI I;T
EDErd PkAIRIE C; r
TUESDAY , AUGUST 24, 1976 7:30 PM, CITY HALL
COUr,C I L MEM ERS: Mayor Wolfgang Penzel
Bi 1 ly bye
Joan Meyers
Tin; Pierce
Sidney Pauly
COUIN'CIL STAFF PRESEf`!T: City Manager Roger Ulstad
City Attorney Harlan Perb i x
City Engineer Carl Jullie
Recording SeZretary Joyce Provo
Chief T3uildii_g Inspector V.'ayne Sanders
INVOCATION: Reverend David Nelson, St. Andrew Lutheran Church
PLEDGE OF ALLEGI.ArlCE .
ROLL CALL: All members present.
1. APPROVAL OF AGENO. . 0\0 OTHER ITEMiS OF BUSINESS
The following items were requested to be added to the agenda under the "New
G4siness" category:
A. rl;anGinq the date of the $3,000,000. 00 Bond Sale from Septem er
11-7,to Septem:,er 14th. ---�-- —`
B. PFc1:,est from. the School, Board to set a joint r,eeti no for
Septem er 1E , 1976.
C. Addition to the Clerk ' s License List.
D. %(cp rt on Edercate rr,r .r ter.
E. Public Pe3ri nct for Schooner Boulevard and Hwv. 494 .
F. i_il inch on certain sr-_ctions of unfinished gravel roads .
MU 10N: Mevers rnoved, seconded by Pauly to approve the agenda a; amended
and published. Motion carried unanimously.
11 . f'MUTFS OF THE REGULAR COUNCIL FIEET1r4G HELD TUESDAY�UST 3, 19?E).
Pg. plaragraphs 4 , 7, and 8 add "M�sotion carried unanimously. "
MOTION: Pierce moved , seconded by Pauly, to approve the minutes of the Council
meeting held August 3, 1976 as published and corrected. Pierce, Pauly, Bye
and Penzel voted "aye" ; Moyers a5stained . Motion carried.
{ t;. 2nd of C, di n,,nce No. 298, Olympic Hills , rezoning from Rural to
Rt�1 2 -
MOT I0N1 Meyers moved , seconded by Pierce, to approve the 2nd Reading
of Ordinance No. 298, Olympic Hills , rezoning from Rural to RM 2. 5.
Iloti or, carried ed unani,:,ous ly.
B. 2nd Readir;`, of Ordin:3nce No. 3O4, rezo_nina for Olympic Hills from Rural
treyers requested that the word "unit" be deleted on page two, line 1 , of the
rez7oni na <:r reement.
MOT 1ON: Pierce moved, seconded by Meyers , to approve the 2nd reading
of Ordinance No. 304 , rezoning for OlympiorHills from Rural to RM 5. 5.
tlotion carried unanimously.
C. 2nd Read-; n_ of Ordinance No. 339, relating to the reaulatina of certain
biis�n a SE s �nd issuing i i cens_e• by the City of Eden Prairie and amending
Ordi n_,nce 0C. 3.
MOTIC': : tle,�ers moved to amend Ordinance tdo. 339 on the 2nd page, 2nd line ,
strike "boct!-h" and insert in lieu thereof "room" , seconded by Bye. Motion
carried unanimously.
?,QT?Oa.: M;eyers rroved, seconded by Bye, to approve the 2nd reading of
Ordinance No. 339 as ar.ended, relating to the regulating of certain
businesses and issuing license by- thyCity of Eden Prairie and amending
Ordinance No. 3. Motion carried unanimously -
D. 2nd r eUd i nc of Ordi na rice No. 28,3. rezoni nq 13 lots in Vi l l aqe Moods 2nd to
Rl i3. a. a ReSOfu ,0. 1 apProvinG ,inaI pl-at
City t;ariacer Uistad explained that he and City Engineer Jullie had met with
the propor;_r.ts over the past fear days and requested Jullie outline the h
concerns.
City Engineer Jullie stated that Village Woods 1st Addition has been platted
into 28 1nts. Mr. Zachm-an is now requesting to add the 2nd Addition which is
13 additional single family lots . The primary problem involves the extension
of the East-West collector road over to Mitchell Road. In the original
approval , it was envisioned this road would be in place in a temporary manner
so all traffic mould not be sent on to Hiawatha Avenue. The Planning Commission o
did recommend that a to nn.porary construction road be provided so vehicles
involved during the ccnstruction phase would have another route other than '
Hiawatha Avenue. tie further stated staff has met with Mr. Zachman and
t1r. Seifert, who was Lhe original owner of approximately 18 acres of the project. 1
Jullie explained that it is not possible to spread costs of extension against
the 13 lots and that i•"r. Zachr,an and Mr. Sei fert seem to have made a reasonable
agreement on cost sharing. We come to the Counci 1 to ash for direction on how
we should prepare the rezoning agrc .men,t and what the Counci 1 woul d 1 i ke to see
for future developers.
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I : , rJ 1 I 1�tiit. (COlIl11 U LI�
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l to :r-dUnicat ion I i-o,+; V rcjiI Seifert dated August 20
I �d into f
n record as part of the minutes .
Neycrs that when the 1st phase was constructed, the Council
requc-,reu a coni,tru::tinn road for access . City Engineer Jullie noted
that 'L c ;;=:s all accer_s ro,ld, but there vias a problem with people
obeying, tiic s'L.triCt"ions .
Sc!) spole to the petition presented to the
Cc :rril it. o; : ^> iti. Ii to any a :.:: ; t:iunGl houses being built in the area
ir;;reG i.�tc:ly Sc('.rt-h of the present develcpment on Hiawatha Avenue until
Villa c l`r::ids 1st Acdir-�on is. cc-71eted , and -until a permanent road is built
connectino Hiar•ratha i;,;Jenue to itchell Road. He further stated the residerts
do -lot- fecl the construction vch i :ie5 sho.11d dig up the existing road that
vlas recen'Lly paved. (Petition attached atk part of the minutes)
Ray ,itchEll , 14801 Scenic Hei ghts Road, explained that after taking a surrey
it .:'as determined that 70 homes are serviced by the road, and adding 13
homes v:;,l:l d leave no area for children to play. It would be disastrous
if t1,e :,:,: Ss road was not put in.
J:�tth Le i tt, c4O6 Hi E:.•ratha stated tha t sorre of the probl erns of
&.i " 'en pla,;ing in the area of ccr.str'uction could be alleviated if the '
devc', t::.c'" : i_'ld f i I,ish the de l :'p—,.Ent or t!-,e is t Addition - paths ,
�orl; �c ,"s c. � 1 c t Fc c , 1;1(' Cr( Vrf'l'C �Upi� _•tr'G to 4e completed by this
G l i re1 Oicn- }EI the i "IFu t�r road J Carr -: e !� � ad will be in if the Bevel c::er-
_ ny {;f; t t rr•.:.':.'it1*0n_
1;i1 e Glap i`.-ri, 3400 Hiawatha Avenue , noted that during the winter of 1975
theme were t:.o or three occasions when the snow built up so much the residents
in i'i lags Y:oods %,:ere unable to _yet out. There should be an alternate rou e
it rrd a:: of Hiat.'a tha Avenue. t:'nen the variance Pros approved by the
rlanninc iCom issior the residents were not notified and did not have a chance
to voice :heir opposition. He further requested that before the Council vores
on this no t_ter, th4 t it be sent back to the Planning Commission so the residents
can appear before that body.
City 1.1anaeer Llstad explained that Ive have a bond in the amount of. 54 ,600
for the 1st Addition(, wh ic1"t is to insure the installation of shrubs , :necessary
trees, and playground areas.
Mr. Zachman stated that the play structure (tot lot) is to be delivered on
Thursday, August 26, and is expected to be finished next week, and that the
proposed construction road is going 2Q0 feet east of the people living there.
Pauly asked City En ,inecr Jul lie i f Virgil Seifert was in agreement �
to tE:e 13 lots and in agreement with the 54 ,000 road costs . Jullie explairled
that he had talked to John Houston, Jim, Zachman, and tri rqi 1 Seifert last Thursday
and upon the completion of the meeting ;.dvised 14r. Seifert and Mr. Zachmari to
come up with a fair sharing ef this cast.
1 na r; r
179 f
� ,.,n (�0 1 c.�l"OVlnf1 Tlna1
t1r. Se i fart c*:p i ai ned that the $4,000 figure bras suggestod, but he did not
agree to this figure. He was under the impression that this 1!:as to be
shared by the entire development.
i10 TTO,+: By` moved, seconded by Meyers , to continue the 2r,d Reading of
Ordinance ':a. 283 and Resolution No. 1179 until September 7, 1976, and
inst;•uct staff to pursue the alternatives that are egret>al-lle to the
residents , ;Ir. Zachman , and Mr. Seifert. irotlon cart-ied u/iani'.iously. x
IV. PET & CO?�ih-"UINTICATIOI�S i
- a
`Est Drncs 6820 Rosemary Poad, to construct a 2-story
st`r::Cci cf c;nprc,..ximately 1 ;00 square feet on E'ch floor , to rear of his
ezistino he^;e
City Ir"anacer Ulstad explained that this request was not looked at as a zoning
vzar ance and spoke to memo dated August 19 , 1576 from Chief Building
Ir,spe.:tcr Afayne Sanders . He further staged that in the staff's opinion this '
type of accessory building is not in the best interest of the zoning requirements;
and therefore the application for this request was denied . Ulstad noted -that
1,1r, s^_rees has requested to appear before the Council on his own behalf.
C1,,`ye r-e-es , 6820 Rosemary Road , displayed his prorc•sed layout explaining
c::nnot build a one-story building on this site due to the water flow,
gnu t)-::t tre 'Euildi.ng would be of identical material as the c:::sting home on the
property. Did riot want to ,resign this assessory building; as a carage , but an
attractive Building . He would use this assessory building strictly for storing
of hiS collection_ of antiques; would not be oparatino a bu=ir.ess or selling
antic.`E s .
City httorney F'er ix explained that the concern the City has is that when
you get a structure of this size and when and if Mr. L::ees moves , you have
an.,.Dth_r home . The only thing missing from this proposed structure would be
the plumbing _ It has more square fert than many homes
Pauly questioned if the building would meet the codes . Chief Building Inspector +
Sanders e:,:plained that it would have to meet the codes , but it has gone beyond
the terms of an assessory building. In the Building Code we are limited to
1, 000 square feet. '
P,."CTION: Meyers moved , seconded by Lye , to deny any and all permits relative
to the proponent's request for an assessory building based on the advice of the
City Attorne- , definition of assessory structure in Ordinance No. 135 that :.wilding
does not meet the traditional size of assessory buildings in R1-22 zoning district,
and/or that building design and inclusions such as air conditioning and heating
do not meet the usual assessory building standards . Meyers , Bye, Penzel and
Pierce voted "aye" , Pauly abstained. Motion carried.
:l
�,f C��1-►1 Point _>wr c,us: ruc ionreciar-ding
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t t r C' tn_ ; :,c:h::an P,u{"Id crs ne;rmittinCi them to build tj
E
Robert Iiuelster, 6939 Edenvale Boulevard , appeared before the Council F
stating that he repro_cats 26 units of the Cedar Point Townhouses Association
and al::cv a of thr- 45 hornco.vners in the area. He voiced opposition
to pernlittirig Z:.jchi nar, Builders to build homes with no garages on the eleven
lots o%vrneci i�:y - cnuhman on Woodhill Court off Edenvale Boulevard . Mr.
Flucle,tur e:;,.i�.irted nhe resc'lt would be a rundown neighborhood, as everything
that is u-Ic.i.all;' stored iri a garage would be left outside and would soon look
like a :turn .
Mr. Zachr:an noted that of the 11 lots he is building on, 10 have been sold
and only one out of the ten does not have aegarage . The homes will be comparaLle
to homes in Summer-woods.
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Mr. Huelster stated that if 10 out of the 11 wanted garages he thought the
Co :ncii's tl-,;-ust would be if any other variances were requested , particularly
in this area , thet those variances not be granted.' He further explained that ;
- apparently people do not want the homes without garages .
No action r-ecessary.
C. Rec-,est from Hor-art r,?n,�-Icoment Carnnany and Eden Pra ;rie Center for an
adC' C. a ar-1ono ar_ 1 fo-• ir_e existing Eden Prairie Center
direc t ion:ai signs . '
k
City h`.`nager Ulstad spo}:e to request from Hornart Development Company
and I.den Fra irie Center as per com-munication dated August 9 , 1976 from
j r,,es };arar::wela s , I\'•Sarketing Director, Eden Prairie Center.
MGZ'IO�ti: I.:e •c:s moved, seconded by Bye , to approve the Extension
of the directional signs for the Eden Prairie Center to August, 1977. Motion
carried unar: rn asl\'.
F
�7T T Tr" I;}'IS , BOARDS & COMMISSIONS
A. Reports of Council members .
1 . Councilwcj,,:an Pauly spoke to the request from Ziegler for a Public 4
Hearing before the Council on September 14 , 1976 .
MOTION: Bye n.cvcd, seconded by Meyers , to set September 14 ,
1976 as the Public Hearing date for Ziegler. Motion carried
unanimously.
2 . Councilman Pierce reminded the Council of the nursing services
meeting to be held August 31, 1976, 7:30 PM, at our City Hall.
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3 . M c,r L r,z L:, i U n i t d Ll v i)r iv
4 . Counullwoinan 1`'Ieyers the Council up-to--c.,�tc
on tl!- Joint Sit:: 1r�1CC'Li()jj CC;jrjrjjttC,
4. CIS recent meeting
on fl e Site.
!�- F�owid La
B. Rc--,P,-)rt (i--"
Cit-
Ulztad explained that the City has not received any
cori.ctru CIL'un :'Lr-',.Z�nts front the !'.,.-,nncsota Depart-r.- �-,nt
relEitive to thc.-r ri-taintenance facility. (Property adjacent to .4169 , east of Ir494) .
Meyers noted that back in 1974 the Minnesota Highway Depart-ment
said th;--y were going to dispose of this property as surplus right-of—
way, and questioned if they had changed their mind. City Manager
Ulstei--A' s'ated he would look into this situation.
C . Report of Director of Community- Services
1 . Set Public Hearing date. for 0--tol-er 5 1976 for special assessment
hearingfor tree discase control.
-I 0 V
.1 VOTI I\T: Bye moved ,, se-corded by Pierce , to set the date of October 5 ,
1970 for the special assessment hearing for tree di-s--ase control .
Motion carried unanimously.
Z -11,a Tlesolutjon
City .H"ttorney Perbix spol—e to the Resolution the Council received
in their vac-.ets and explained that IMr. Zyll;a's attorney had drafted
this resolution. T�ir. Perbix thought the resolution to be too strong
and read from Resolution No . 1182 which Perbix had drafted. (Resolution
No . 1182 attached as part of the minutes)
MOTION: Bye moved , seconded by Pauly, to adopt Resolution %.To. 1182
as drafted by City Attorney Perbix, relating to the Michael Zylka Property
in Section 27 , Township 116 , Range 22 . Motion carried unanimously.
3 . Anderson T,0.ss Ccndernnation
City Nlzinagcr Ulstad spoke to memo from Director of Community
Services Tess en dated August 20, 1976.
3. Anderncjai I,;-,kes C.on iLi-nnation (continued)
MOTION: Meyers moved , seconded by Pierce , with the understanding
that we can drop condemnation proceedings, the City Council authorize
the City Attorney to cntcr into condemnation proceedings for 4 parcels
of Iand outlined in August 13 , 1976 staff memo and so notify property
owners , and that the Director of Community Services contact these
property c vrncrs ar, -in for further negotiations . Purt?her , have staff
contact Council for ivput into a draft resolution to be submitted to the
Metropolitan Council outlining the Council's feelings to their August ?`
?3 , 1976 letter. 1\4cyors , Pierce, Bye and Penzel voted "aye" , Pauly vr.,ted '
nay" . TvIotion carried . ,
4. Metro C 'ta 1 Improvement Program (Regional Parks Capital ,
Jm rovem.ent Program) .
City TJiunacgcr Ulstad spoke to staff memo dated August 20 , 1976
t;
and regca4ted Council continue this item until Director of Community
Services jessen is a,-le to attend the Council meeting. `
1,00TIO": Bye moved , seconded by Meyers, to continue this item
to the Council r:Ec .ing to be held Sep;ernber 7 , 1976_ 11.1otion carried-' E
5, Pr✓ant- 'aka Par?- Season
City I.janager Ulstad spoke to staff memo dated August 20 , 197E .
Iv1OTJCI,,T: Meyers moved, seconded by Bye, to extend the operation.
of Bryant Lake to the middle of October. Motion carried unanimously.
6. Western_E.JogmingtonDevelooment Proposal
City J\'4ana-, e. Ulstad spoke to stafr memo dated August 20, 1976 .
NIOTIO :: ?ki -yens moved, seconded by Pierce , to authorize the staff
to draft a letter .to the Environmental Quality Council for the Mayor's
signature that the City of Eden Prairie is coticerned about environmental
impact as it affects public investment in our community , and that the
City of en Prairie not get involved with the City of Bloomington
relative to land uses . Motion carried unanimously.
BS,c requested that the Commission,5 be reminded that they are an advisory
body to the Council and their function is not to communicate with other
governmental agencies or other bodies.
ny3� and order adv^rtisement for bids
for r 6;,t':1 't: c, t :;.,nitary sayer extension , I. C. 51-284 .
rnovCd , seconded by Bye , to adopt Resolution
-No. lll'l , ar p:.: . i.�ca aims and specifications and ordering
is : :,ids , I . C. 51-264 . motion carried unanimousl}, .
•
2, rjar:- �4nj s.nccificr:tions and order advertisement for bids
in tine (east) r;ciclition I C 51-292
Iv10TIC: . : lv' s mc)-red , seconded by Bye , to adopt Resolution
No. ax:pr:.`vir-g plans and speciiiae tions and ordering advertisement
for bids , T.C . 51-292 . Motion carried unanimously .
3. Pesc�2c-i.,cn f--z CSira 62 Crosstown Highzva,7Proiect I`o 6839
1':s t1.e Council mn-mbers had several revisions they wished included -
ir, Rescl �tio _:c 1lSi , the following motion_ was made:
seconded by Meyers , to send Resolution
No. 11t'1 ._:. ; .: 5la-f for revisions . Motion carried urianimo;sly.
r- 'or t
1. C 1 erlY List
AfCTiC7)''. Pierce I?`o%;ci: , s-econded by Penzel, to capprovE t;Ie Clarks
License List and ,��denc�... uat d august 2�: , 1976 . I�lotion carried
unanimously.
2 . Pavrnent of Claims Nos 2244 - 2398
I\,?pT;Cr,: Pauly moved , seconded by Iv.eyers , to approve Payrr.ent of
Clailr:s N7cs . 2244 - 23918 . Pauly, 101eyers, Bye , Pierce and Perzel
voted "aye," . Motion carried unanimously.
VI, i�TFV,1 FITSI?V1aSS
d
i�. <"3aric�inn ti-n c?;�_te _;t tY.e $3 , 000,000 00 nonc3 Sale from SeRtamber 7t1, to '
Se ternbcr 14th.
h•10T10NT: Pierce moved , seconded by Pauly, to change the date of the $3 , 000 , 000. 60
f
Bond Sale from September 7 , 1976 to September 14 , 1976. Mlotion carried
unanirnouslv..
t'f U, Pvlcycrs mov _,", ` •. JOiiU .:� I_ '' i j.0 < _� .:r� r il� , 1 �76
as the date for the jo ir)t me: eiing with the T. cation carricd
unanimously.
C . Adc?ition to the, T.ist.
This item taken Lin un i er V . E
D. nr- iDort Can
ity iittorrie y PE:r i.x sp•'1:c= to communications received from J amcs DC.'r cc-
Ir al cou.isel for G—rG_u +--�-.ut dated AUal.ist 19 and AUgLISt 1976 .
•
r'.obeit Mlavi s , Steering Committee P:r ember, l:orth.•,est Eden Prairie
Hc.',c.,owner's h sociation, submitted a letter to the Council as part of
the rocords . (Letter attached)
P:�CTIOI3: rG moved , scconded by >'�'nz: I, tc F-ccent th Mater'
froa., 1.4r. D:rsey and than): Mr. Perbiy. for his reno. . ?:`anon Carried
un--nimously.
E. p,., l;= .-Vari :r- oj� Snl phr-)on- r Poulevard enC2 _ -.v-.- 494
i i�'",c r, . ar t i t3'� si: ✓ 3ined that t:�u �ii'%� ;1`�part:: ent is acing to
c t - -
L;E' usir:c 1' ec7,=->'al rnonies araa it requires this sort of a Public Hearing nr-;•tice.
_^:JG'•- LiC. c�
_ ;� lirlflrit:ahE'•�� r-r-••ET -� •��G
thDt he had r-e!^v''S-ts that the City
Should h:idGeT ):'lure .1-i ney tOr oiling p'..1rnOFCS 1:&cci!_.;e Cif the dust}i conditions
Of gr3%7es roa"dS
Bye suggested this matter he brouc lit" to the attention of the staff and be
corisidered for na-t year's budget.
MOTION: Bye moved , seconded by Pauly, to adjourn the meeting at 10:40 PM .
Motion carried unanimously . 1
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