City Council - 05/03/1977 APPROVED MINU7LS
EDEN PRAIRIE CI1_4' COUNCIL
TUESDAY, MAY 3, 1977 7:00 PM, CITY HALL
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COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan F
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulst.ad; City Attorney
Harlan Perbix; City Engineer Carl Jullie;
Director of Community Services Marty Jessen;
City Planner Dick Putnam, and Joyce Provo,
Recording Secretary
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALLEGIANCE
ROLL CALL: Penzel , Meyers , Osterholt and Pauly present; Bye arrived at meeting
at 7: 20 PM.
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda :
A. Request for Council to set a Public Hearinq June 14 for Gunnar
E1 ectr i c'_s ��_c,;ac�sed i n Jystri al site. T
B. Addition of Muj ciyal Li uq_or to follow it_pm VII . E.3.
C. Flyer for the Fire Bond Referendum yF
MOTION : Osterholt moved, seconded by Meyers , to approve the agenda as
amended and published. Motion carried unanimously.
II . MIMLfTES
A. Minutes of the Special Council Meetin_9 held Tuesda , March 29, 1977
MOTION: Pauly moved, seconded by Osterholt, to approve the Special
Council Meeting minutes dated Tuesday, March 29, 1977, as published.
Pauly, Osterholt, Bye and Penzel voted "aye" ; Meyers abstained. i.ot.ion
carried.
B. Minutes of the Council Meeting held Tuesday, April _5, 1977
Pg. 2, para. 8, 2nd line, strike "under modified circumstances".
Pg. 4, para. 5, 7th line, strike "part" and insert "park" .
Pg. 5, para . 2, lst line, strike "this" and insert "the" , and after "area"
insert "east of Linden Drive"; 5th para. , 4th line, strike "to the" and
insert "for the proposed".
Pg. 8, add a new lath para . to read "Pauly placed the name of -
Tim Pierce into nomination", therefore deleting "Tim Pierce" from the
following paragraph.
MOTION: Meyers moved, seconded by Osterholt, to approve the minutes
of the Council meeting held Tuesday, April 5, 1977, as amended and
published. Motion carried unanimously.
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Ii . MINUTES (continued)
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C. "li nutes of the Special Council Meeti nq hel d Tuesday, Apri 1_ ) 2,_ 1977
MOT I014 : Osterholt moved, seconded by Meyers, to approve the Special
Council Meeting minutes dated Tuesday, April 12, 1977, as published.
Motion carried unanimously.
III . PUBLIC HEARINGS
A. Edenvale Industrial Park, _2nd Addition, Outlot F by Edenvale,- request
to prel_ rn r,arY P1_ 3t and rezone 1 of the 3 lots from ]-General to 1-2
Park
City Manager Ulstad explained that the proponent has requested a continuation
of his request to the June 14th Council meeting.
MOTION: Meyers moved, seconded by Osterholt, to continue the Public
Hearing on the Edenvale Industrial Park , 2nd Addition, Outlot F by
Edenvale, to the June 14, 1977 Council meeting. Motion carried unanimously.
B. Bluffs East/West, Hustad_Develop ment Corporation , request for PUD
r Gonce t appraval on 400 acres of single-family and multiple, PUD Development
Staae approval , preliminary plat and rezoninq from Rural to R1-13. 5 for te —
th2 wt'srn 200 acres of the PUD. _TContinued from April 12th Special, Council
meeting .
( City ".onager Ul stad explained }hat s i nce the April 1 2th Council meeting
7 _ the proponent has submitted additional information to the Council relative
to statistics on school children and also additional information relative
to engineering and economics of the properties.
City Engineer Jullie outlined the area where a lift station would be
necessary in the proposed area and that this lift station would be part
of the project cost absorbed by the developer.
Don Brauer , Brauer & Associates ,outlined his communication dated
April 27, 1977 on the Bluffs East/West PUD Review.
Director of Community Services Jessen spoke to his memo dated April 29
and answered questions of Council members .
Wallace Hustad and Jim Ostenson, Hustad Development Corporation, and
Richard Sather, McCombs Knutson, made themselves available for questions
by Council members .
Mayor Penzel questioned if there has been strong concerns regarding the
location of some of the lots on the slopes , if there has been any
reconsideration about the intrusion, and if any conclusions have been
reached. Richard Sather explained that he hasn ' t examined them individually
but that the lots are natural walkout lots in his opinion. He further
stated that excavation for all of the homesites along the Bluff rim would
have to be carefully done and that proper management would handle the
probl ens.
City Engineer Jul lie spoke to the traffic volumes and the maintenance
of Riverview Road .
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B. Bluffs Eastltlest (continued)
renzel referred to the Riley-Purgatory Creek, Watershed District
letter dated May 3. Allan Gebhard , Engineer for the Watershed District,
explained that the Bluffs East/:Jest Development is scheduled for discussion
at their meeting of flay 4th, but felt no action would be taken at this
meeti ng.
Osterholt stated that there has been discussion about certain sites
being set aside for park acquisition by the City and questioned if
we can agree to those sites and also arrive at some dollar figures.
Mr. Hustad explained he would like to see this , however, it would be i
a precedent set for all developers .
Al Brekke , 10091 Homeward Hills , expressed concern of the impact of
this proposal on his land and indicated he did not want to see
development behind his barn . Mr. Hust ad indicated he had met with
Mr. Brekke in. the pa,t but has been unable to come to an agreement.
Helen Fowler, 10315 Riverview P.cad, questioned safety with 252 more
units off of Riverview P,oad,and there would bP additional noise
around the curve by her house which already sounds like a race track.
Ms. Fowler further staged the school that would be placed west of
Homeward Hills would not be a safe location because it is a test pattern
for training from the airport. Planner Putnam explained that the School
District is very concerned about this and the State Board of Education
has a nurber of criteria which would prohibit the location of a
school under the flight pattern .
Gary Gilbertson, 10127 Wild Duck Pass , stated that when he moved
to Creek Knolls one of the reasons was the way the Valley would be
preserved and he is of the opinion that the plan as presented would
keep it in a natural state the way it should be.
Sally Biotin, 10080 Bennett Place , questioned where the line would be
to allow them to enter their 10 acres . City Engineer Jullie answered
Mrs. Brown ' s question to her satisfaction .
Rod Sundstrom, t hairman of the Planning Commission, spoke to the action
taken by the Planning Commission .
MOTTON: Me-vers moved, seconded by Pauly, to close the Public Hearing
and adopt Pesolution No. 77-47, approving the findings of the Environmental
AsseCsrnent ::orksheet whereby an Environmental Impact Statement is not needed
as per Option 1. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 77-45,
approving the PUD Concept Plan of the Bluffs East/blest PUD of 400 acres with
the designations of open space included but no density designations on
Bluffs East officially acknowledged by the City at this time. Further
direct the City Attorney to draft a developers agreement for the PUD Concept
Plan requiring that all open space areas be designated as scenic easement
with option to buy those areas defined public acquisition , the remainder
C to remain -in conservancy trust scenic easement. Direct staff to negotiate
per acre purchase cost and term of contract on potential acquisition area,
and that the washout areas that abut be replatted into lots with scenic
easement attached to the steep slopes and that the percentage of lots under
13, 500 square feet be reduced in the final plat to 15%. Motion carried
unanimously. i,.�
E. Flu fs a_ t; t,e,t (c.,n " nl...d)
Pauly stated she %.as reluctant to give Concept approval at this time
d to Bluffs East/t-:est until we are closer to the time of develop,-:ent.
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Osterholt quC-sti oned how the Council intends to acquire or conserve 4
the open space and what the policy is going to be. Penzel explained 15
that he feels dedication would be the most desirous , then there is
no question as to wtho is responsible and who has what rights .
City Attorney Rerbix suggested that a rezcning agreement be drafted
and presented to the Council before the 1st Reading of Ordinance No.
77-20.
Meyers suggested eliminating the zoning on Lot "G" at this time, and also
not rezoning the northern lots at the end of the cul-de-sac in Area "A" .
In the meantime she would 1 ike staff to investigate the purchase of the BreF:F:e
property for park land and report back to the Council if that is a viable
option or not..
Pauly requested the City Engineer advise .which are the sensitive lots
close to the Creek so they will get special care.
MOTION : Osterholt moved , seconded by Meyers , to continue the lst Reading
of Ordinance No . 77-20 and Resolution No. 77-45, approving the preliminary
YVlat, until such tinie as additional information and details have been completed
as, requested by COLMCil P,em')ers . Motion carried unanimously.
IV RtPJF:TS F RIOh1 rP1.11SORY CO11'•liSSIO''S
Continued to May 5, 1977.
V. P`TIT) 10INS, REQUESTS & CC,1,.'-1UNICATIONS
A. Request from William F. Henninq , President of Titus , inc. , requesting
an e>;tension of' the PUD Resolution approval which redAprii 1 ,-1977,
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Continued to May 5, 1977 .
B. RE-quest for a Public Hearing from Jesse L. Schwartz. W. Gordon
Srni t_h, Cor��an _---_----'__ _-- --
MOTION: Osterholt moved, seconded by Pauly, to set a Public Nearing
for May 17 , 1977 to consider the request for PUD concept and development
stage approval and variances for the construction of a restaurant/service
station corr,bin,;tion at 8050 Flying Cloud Drive, "Wye" Mobil station
site. Motion carried unanimously.
VI . 0PD1NMr'NCES & RESOLUTIONS
A. 2nd Readinq of Ordinance No , 77-_9, Eden Prairie Industrial Park, rezoning
from T-? to 1 rjeneral t�7e areas designated in the PUD for the southeasterly
civadrant of she County Road G TH 5 Intersection
City Manager Ulstad explained that the requests made by Council members on
screening and setbacks have been accomplished, and everything is in order
for a 2nd Readinq of Ordinance No. 77-9, with the exception of the rezoning
F,. cnd Reading of Ordinance No. 77-9, Eden Prairie Industrial Park (continued)
agr e;,+ent being signed by Champion Mill as the owners are out of town
until May 15. Ul stall recommended that the Council consider giving
a 2nd Readinc to Ordinance No. 77-9, excluding Champion Mill at this time,
and when the oti:ners return then consider the 2nd Reading for that particular
Parcel .
MOTION : Osterholt moved, seconded by Bye , to approve the 2nd Reading
of Ordinance No. 77-9, rezoning the Eden Prairie Industrial Park from
I-2 to I-General the areas designated in the r UD for the southeasterly
quadrant of the County Road 4 - TH 5 Intersection, excluding Champion
V.-ill from the 2nd Reading at this time. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 77-2I , The Pillslyury Cor��aany, rezoning
from Rural to 1-5 Part; approximately 25 acres for lst phase construction
of a research and develop nt facility
City Manager Uls tad explained that at the Council meeting held April 19th
the Counci l gave a l s t Reading to Ordinance No. 77-21 with the understanding
that a rezoning agreement would be developed and in that rezoning agreement
conditions should be spelled out relative to r:i l dl i fe and conservan-cy
E.ssessn,ent e?round Anc;ersen Lakes . Pillsbury h�,s not,; submitted a revised
proposal �,,h i ch w-e at staff level feel does not comply with the "1 etter"
of the B,laci1ock Study recommienaation but does strive to meet the intent
of the plan . This revised proposal has been reviewed with the Parks,
Recreation & Natural Resources Commission for their comments .
11ar-ti n Hanson, P.obert 1,1a1 ker, an:.' Lynn Rhoads , representatives of the
Pillsbury Company, spoke to their proposal and answered questions of
Counci 1 me,r!)ers.
Osterholt questioned if this proposal meets the guidelines with the
Anderson Lakes {park cu—ncept. City Manager Uistad stated in his opinion
that using the guidelines that the City has used over the years , this
proposal cc,,7:es within about 70 - 75'.; of the guidelines that have been
establ iShed.
Director of Cormunity Services Jessen spoke to his memo dated May 3 outlining
the proposal submitted to the Parks, Recreation & Natural Resources Commission
on Ilay 2nd. The Blacklock Study line called for a total of about 75 acres
of open space and wildlife habitat. The proposal as submitted includes
66 acres and in the face of that fact Jessen pointed out to the Commission
it does not comply strictly with the Blacklock Study.,
Paul Choinicre, past member of the Parks , Recreation & Natural Resources
Coiamission , stated that on April 4th the Commission heard a presentation
by Pillsbury Company t.,hich was unique and well laid out and it was in
conformance with the Blacl.lock, Study which has been used consistently
in development of the Anderson Lakes system. The Pillsbury Company followed
the guidelines almost IOC; Now there is a change in the proposal which
11r. Choinicre does not believe meets the reco-,rmendations for the Anderson Lakes
Park.
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B. 2nd P.eadinq of Ordinance No . 77-21 , The Pillsbury C (continued)
Richard Anderson, member of the Parks, Recreation & Natural Resources
Cui,,uiission, explained that he was not present at the April 4th Commission
meeting but stated several members of the Cor-,,.mission feel this is a reversal
of position as to what was discussed on April 4 . The intent has changed
and the Comi-.;ission is disappointed that this switch has been made.
VIOTION: Osterholt rnioved, seconded by Bye , to approve the 2nd Reading
of Ordinance No. 77-21 , rezoning for Pillsbury Company from Rural to 1-5
Park approximately 25 acres for Ist phase construction of a research
and developiiient facillity.
City Attorney Perbix outlined three changes which. have been made to the
rezoning agireeir."*nt and Mir. Rhoads agreed to -k-jork with Mr. Perbix on these
changes.
MOTION' TO CALL PREVIOUS QUESTION: Bye moved, seconded by Osterholt,
to call the previous question. Motion carried unanimously.
VOTE 0',,4 PREVIOUS QUESTION: Osterholt, Bye, Pauly and Penzel voted "aye" ,
I-1--yers voted "nay". Motion carried .
1-110 T 11 OIN Osterholt ,roved, seconded by Bye, to approve the rezoning
iiqree,ment vjith three changes as proposed by City Attorney. Osterholt,
Bye, Pauly and Penzel voted "aye" , I-leyers voted "nay" . Motion carried.
Hi,D T I Co Bye moved, secondied by Osterholt, to adopt Re5 o1 u4,Li on
No. 77-74, approving Envirco-orental '.-,',;p Statement for the Pillsbury
act Statement
located in The Preserve . Motion carried unanimously -
C. --nd Readinq of Ordinance No. 77-18, rezoniJig- f rom-Rural to RI-13. 5 for
-72 - --- - -- -------- - --I - --- -- -6nvale and rezonin agreement
Phase 1 , 58 lots , 1.tioodland Addition by Fd
q rj��e
Continued to May 5, 1977 Council meeting.
D. 2nd Peading of Ordinance No . 357 , Area "G" of The Preserve Commer c i a 1
Flan , -El-7from Service and rezoning agreement
Pauly recommended change on page 2 of "Design Framework 11anual " , under
itci--,i "B" , add a new sentence to read "Staff shall review the range of
material with final approval by the Council " . Penzel recommended a change
on pace 4, item 3, after "mounted" add "arid shielded".
M,0 TI 0,11 Pauly moved, seconded by Osterholt, to approve the 2nd Reading
of Ordinance No. 357, Area "G" of The Preserve Commercial Plan for rezoning
from Rural to C-Regional Service. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Meyers , to approve the rezoning
agreement with aforementioned changes . Motion carried unanimously.
REPORTS OF OFFICERS , BOARDS & COMMISS"ONS
A. Reports of Council rlemt)ers
1 . /,pp Rintr^pnt of one niember to the Human Rights Commission for a three
yt4j- term
Continued to May 5, 1977 Council meeting.
C:c;a r; 7 i t? r;:� - 7 - ay : 1
2. Council Goals & Objectives for 1977-78
Continued to M1ay 5, 1977 Council m;.,eting.
B. Resort of City ttanager
1. Status report on existing_ and proposed_ high.,rav projects - State
of nnesota
Citv Mianager Ulstad explained that over :.he p;:.st few weeks our
Council has received a request from Shakopee and Savage
encouraging our City Council to approve a resolution for a study
of iriproving liie h,,'ay 13-169 as outlined in Resolution No. 77-75.
Herb �'lossner, Hennepin County, and Duane Brown , tiinnesota
C,epartr;,,2nt of Transportation , brought t-he Council up-to-date on
projects v.hich a=fect Eden Prairie and the immediate surrounding
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areas .
Miayor Walt Hat-beck, Mayor of Shakopee, Ed Knoll , member of the
Hi ghi•,a_y 18- 1 69 Corridor Committee, and Dennis Hron, Scott County
Commissioner, urged the Council to support this resolution and
promised to support any resolution our Council may adopt on a
High,,-ray 212 resolution.
MOTION Osterholt moved , seconded by Bye, to adopt Resolution
No. 77-75 , pertaining to a study of t'igh+,vay 1E-169 corridor along
Count\, Nigh,,-.,ay 13 from Interstate 494 to the I-rinnesota River and
the permanent corridor• br i cice to connect with the State Trunk
Highwz,y No . 169 bypass to Si,akopee. Osterholt , Dye, Pauly and
Pen2el voted "aye" , Mleyers voted "nay" . i ;otion carried.
t,UT 10!%' Osterholt moved , seconded by Pauly, to instruct staff
to draft a resolution for Council ' s consideration supporting and
encouraging devclopmelnt and upgrading of Highway 74212 at the earliest
possible date, and to circulate to areas heard from at this meeting
to receive their support. Osterholt, Pauly, Bye and Pen2el voted
"aye" , Meyers voted "nay". Motion carried.
MICTION: Cye moved, seconded by Osterholt , to continue the Council meeting past the
11 : 30 PM scheduled adjournment hour until 12: 15 AMI. Motion carried unanimously.
C. Report of Planning_Director
1 . Community Development Block Grant Housinn Assistance discussion
Planner Putnam referred to the three options in memo dated April 27, 1977,
and recommended the Council adopt Option 3.
MOTI014 : Bye moved, seconded by Meyers , to approve Option 3 as
recommended by Planner Putnam in his memo dated April 27, 1977.
Motion carried ununirrrously.
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D. Przport c-fF of Community Services
1. Bc)om Truck/Loq Loader Bids
Director of Community Services Jessen recommended awarding
the bid to the 2nd lowest bidder as the low bidder did not
meet specifications .
MOTION': Pauly moved, seconded by Osterholt, to accept
the bid cf Landco Equipm.ent, Inc . , the 2nd lowest bidder,
as the 1st bid did not meet specifications , in the amount of
$10,448. 00 for a Boom Truck/Log Loader. Roll Call Vote:
Pauly, Osterholt, Bye, fleyers and Penzel voted "aye". 14otion
carried unanimously.
2. Edenvale & The Preserve Park Plans
Director of Community Services Jessen spoke to his memo dated
April 29, 1977 and answered questions of Council members.
Bill Hans , 15370 Creekside Court, requested that more funds
be appropriated for the Edenvale Neighborhood Park Plan.
110TION: I-11eyers moved, seconded by Bye, to approve the development
of the Edenvale and Preserve Neichborhood Park sites as recommended
by the P&rks , Pecreation & Natural Resources Commission, eliminating
the northern parking lot from the Edenvale park site. 1--lotion carried
und n I 4In"-1 us 1 Y.
3. Cash Park Fee Discussion
Continued to 1,11ay 5, 1977 Council meeting.
4. Consideration of Boorner Property
Continued to Clay 5, 1977 Council meeting.
5. Discussion on Park Bill before State Legislature
Continued to May 5, 1977 Council meeting.
E. Report of Citv Encineer
I. Consider bids for utility improvements oil Heritage Road, I . C. 51 -290
City Engineer Jullie recommended awarding the bid to the lowest
bidder, G. L . Contracting, Inc. , in the amount of $060,135.25 for
utility improvements on Heritage Road, I .C. 51-290.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 77- 58, accepting the bid from G. L. Contracting, Inc. , in the
amount of S050,135. 25 for utility improvements on Heritage
Road , I . C. 51-290. Roll Call Vote: Osterholt, Bye, Meyers , Pauly
and Penzel voted "aye" . Motion carried unanimously.
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2. Final Plat approval for 01 ,;mpic Hills 2nd Addition (Resolution
3. City Hall expansion plans
4. Receive 1001, petition for City installation of utility d_ s t r e e,t
improvements in the I.-Joodland Addition of the N.t4— , ,. Edenvale Area
-C-._5 I---j 0 3
5. Preliminary report on feasibility study for utility improvements on
�Ge.F!VI CIV.I i' and Kuci-,crs 'Ist Addition, I . C. 51-300
6. Receive petition for vacation of Rieman Road in the Edenvale Industrial
IL —soiution I'Jo. 7
All of the above items %,.,ere continued to the flay 5, 1977 Council meeting.
F. Finance Director
1 . Clerk' s License List
Continued to I-lay 5, 1977 Council meeting.
2. �Fa I,ment o' Claims Nos. 5369 - 5465
N.0 T I D NI: Osterholt t�noved , seconded by Pauly , to approve Payment of
Claims Nos . 5369 - 54651. Roll Call Vote: Osterholt, Pauly, Bye,
C1-1--yers and Penzel voted "aye" . Motion carried unanimously.
VI '. 1 . NEW BUSINESS
.items requested to be added under "New Business" on page 1 of Council minut-es ,
continued to the 114a-v 5, 1977 Council meeting.
.,C)7 L
Osterholt coved, seconded by Penzel , to set a Special Council meeting for
fla 5, 19177 for Thursday, May 5, 1977, 7:00 PM at City HL111 , for the purpose of considering
that have not received action on this date. Motion carried unanimously.
X. ADJOURNI"IEN'T
MOTION: Eve uioved, seconded by Osterholt . to adjourn the Council meeting at
121 17 AM. Notion, carried unanimously.
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