City Council - 06/14/1977 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL n;
TUESDAY, JUNE 14 , 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers,
Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; Zity Attorney
Harlan Perbix; City Engineer Carl Jullie;
Director of Community Services Marty Jessen;
City Planner Dick Putnam, Finance Director
John Frane, Chief Building Inspector Walter
Johnson, and Joyce Provo, Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
3
ROLL CALL: Meyers, Pauly and Penzel present; Bye arrived at meeting at 7: 10 PM, and
Osterholt arrived at 7:25 PM.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added the agenda under the "New
Business" category:
A. C.E.T.A. Memo
B. Set Public Hearing for Highpoint 4th Addition
MOTION: Meyers moved, seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES
A. Regularly Scheduled Council Meeting held Tuesday, May 3, 1977
MOTION: Pauly moved, seconded by Meyers , to approve the minutes of the
Regularly Scheduled Council Meeting held Tuesday, May 3, 1977 as published.
Motion carried unanimously.
B. Council Meeting continued from Tuesday, May 3, 1977, to Thursday,
May 5, 1977
Pg. 1, strike 3 paragraph, and insert in lieu thereof: "Meyers spoke to
discussion with homeowners resulting in acceptable compromises in PUD, and was
concerned that with only a six-month extension the owner will have a problem,
especially if the #169 improvement construction is going on at that time. "
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the
Council Meeting held Thursday, May 5, 1977, as amended and published.
Motion carried unanimously.
Council Minutes - 2 - Tues. ,June 14, 1977
C. Board of Review Meeting held Thursday, May 12, 1977
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the
Board of Review Meeting held Thursday, May 12, 1977 as published. . Motion
carried unanimously.
D. Board of Review Meeting continued from Thursday, May Y2, 1977, to
Tuesday, May 17, 1977
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the
Board of Review Meeting held Tuesday, May 17, 1977 as published.
Motion carried unanimously.
E. Regularly Scheduled Council Meeting held Tuesday, May 17, 1977
Pg. 5, 8th paragraph, 2nd line, strike "3".
MOTION: Meyers moved, seconded by Pauly, to approvE the minutes of the
Regularly Scheduled Council Meeting held Tuesday, May 17, 1977 as amended
and published. Motion carried unanimously.
F. Special Council Meeting held Wednesday, May 25, 1977
MOTION: Meyers moved, seconded by Bye, to approve the minutes of the
Special Council Meeting held Wednesday, May 25, 1977 as published.
Motion carried unanimously.
111 . PUBLIC HEARINGS
A. Edenvale Industrial Park, Outlot Fby Edenvale, request to preliminary
plat into 5 lots and rezone from I-General to I-2 Park
City Manager Ulstad explained that the proponent has requested this item
to be continued to the June 21, 1977 Council meeting.
u
MOTION: Bye moved, seconded by Meyers , to continue the Edenvale
Industrial Park, Outlot F by Edenvale, Public Hearing to the June 21, 1977
Council meeting. Motion carried unanimously.
B. Walnut Addition_by Dirlam Properties, request for rezoning from
R1-22 to R1-13. 5 and preliminary _plat approval for 17 lots on a
approximately 8 acres. The site is located in the NE corner of County
Road 4 and Valley View Road.
Leo Stern, Legal Counsel for Dirlam Properties , and Dennis Dirlam appeared
before the Council and answered questions pertaining to their proposal .
Planner Putnam spoke to the Planning Commission minutes dated May 23, 1977,
whereby approval was recommended for this project, and to the Staff Report
dated May 16, 1977.
x
Pauly commented that Mr. Berne, 7332 Franklin Circle, ha* appeared before the
Council regarding his concern about the drainage situation and also that
the City Engineer has mentioned in his report that this will not be a problem.
However, Pauly further questioned what would happen if a problem does arise.
City Engineer Jullie explained that in his report he has indicated a drainage
Council Minutes - 3 - Tues. ,Junel4 ., 1977
B. Walnut Addition by_ Dirlam Properties (continued)
control should be submitted prior to the final plat approval showing the
temporary ponding area and catch area.
Penzel questioned the price range of lots and homes . Dirlam stated
that the lots would sell from $14,500 to $17,000, and the homes would
be in the $60,000 - $75,000 range.
Bill Chaffee, 7340 Franklin Circle, questioned the traffic problem
on County Road 4 and Valley View Road with the store. Penzel explained
that this problem already exists and this proposal would not generate
a significant amount of traffic.
Gordon Carlson, 7352 Franklin Circle, stated he was one of the opponents
of the original proposed plan and commended the Council and Mr. Dirlam
for the concessions that have been made. Mr. Carlson explained that he
has talked to other neighbors and has not received any opposition to the
new proposal .
MOTION: Bye moved, seconded by Meyers, to close the Public Hearing and give
a 1st Reading to Ordinance No. 77-14, granting the request for rezoning from
R1-22 to R1-13. 5 for 17 lots on approximately 8 acres for Walnut Addition
by Dirlam Properties. Bye, Meyers ,Pauly and Penzel voted "aye". Motion
carried unanimously.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 77-40, approving
th- preliminary plat for Walnut Addition by Dirlam Properties. Bye, Meyers,
Pauly and Penzel voted "aye". Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to
draft a rezoning agreement before the 2nd Reading of Ordinance No. 77-14.
Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously.
f
Osterholt arrived at Council meeting at 7:25 PM.
C. Edenvale 14th bjr Edenvale, Inc. , re uest for PUD Development Stage
approval for 25 acres , preliminary plat approval , and rezoning from Rural
to R1-13. 5 with variances for 65 lots
Don Peterson, Edenvale, spoke to the proposal and answered questions of
Council members.
Planner Dick Putnam outlined the recommendations of the Planning Commission
from the meeting held April 25, 1977.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and
adopt Resolution No. 77-77, approving the preliminary plat for Edenvale
14th by Edenvale, Inc. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to give a 1st Reading to Ordinance
No. 77-24, granting the request for rezoning from Rural to R1-13.5 for
Edenvale 14th by Edenvale, Inc. , and direct the City Attorney to draft
a rezoning agreement incorporating the recomniendations of the Planning
Commission, City Engineer Report dated April 21 , 1977, and the Staff Reports
dated April 5 and April 21, 1977. Motion carried unanimously.
Council Minutes - 4 - Tues. ,June 14 , 1977 i
Q
D. Gunnar Rezoning, request to rezone 2. 3 acres at 12975 Pioneer Trail from
Rural to I-2 Park
Clayton Gunnarson, Gunnar Electric, outlined the proposal and answered
questions of Council members.
Planner Putnam spoke to the Planning Commission minutes dated March 28
whereby the Planning Commission recommended denial of the project, and
to the Staff Report dated March 9, 1977.
Osterholt questioned the City Engineer as to what his views were on
road alignments. City Engineer Jullie explained that the Highway
Department' s plans at this point are preliminary and there are a couple
of alternatives. The Highway Department will be affording an opportunity
for a Public Hearing which will happen sometime this summer, and they are
proposing entering into a contract for November of next year.
Harold Schaitberger, 12880 Pioneer Trail , stated there is more noise
on Pioneer Trail than from Flying Cloud Airport. He further stated
that if the road goes, hi s home is no longer residential and everything
should become industrialized as a residence does not balong in an
area of this type. Mr. Schaitberger recommended that this proposal not
be considered until the road system is resolved.
MOTION: Osterholt moved, seconded by Meyers , to continue the Public Hearing
for the Gunnar Rezoning to the September 20, 1977 Council meeting. Motion
carried unanimously.
E. Vacation of Rieman Road
Don Peterson, Edenvale, spoke in favor of the vacation of Rieman Road from
Commerce Way to Martin Drive.
Planner Putnam defined the actions taken by the Planning Commission at
the meetings held May 23, 1977 and June 13, 1977.
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 77-79, vacating Rieman Road from Commerce Way
to Martin Drive. Motion carried unanirrously.
IV. REPORTS FROM ADVISORY COMMISSIONS
No Reports.
V. ORDINANCES & RESOLUTIONS
A. Is Readies of Ordinance No. 77-20, rezoning from Rural to Ri-13. 5 for the
western approximately _200 acres of the Bluff's East/West PUD, and rezonin
agreement, Hustad Development Corporation Continued from May 3, 1977)
Jim Ostenson and Wallace Hustad, Hustad Development Corporation, spoke to the
Park Acquisition Proposal submitted and answered questions of Council members.
Mr. Ostenson explained that he understands the City Staff has reviewed with
Mr. Brekke alternative ways that his property could be deveibped as previously
requested by the Council . 4
Council Minutes - 5 - Tues. ,June 14, 1977
A. 1st Reading of Ordinance No. 77-20, rezoning from Rural to R1-13. 5 for the
western a roximately 200 acres of the Bluff's East/West PUD, and rezoning
agreement , Hustad Development Corporation. Continued
Director of Community Services Jessen outlined his memo dated June 10, 1977
pertaining to "Park Aspects" and also answered questions of Council members .
City Attorney Perbix stated that the City should secure an appraisal for the
City' s use to justify or not justify the figures submitted by Mr. Hustad. Mr.
Perbix noted that Mr. Hus tad' s theory is acceptable, but it is not the only
theory.
Osterholt questioned if Mr. Brown, who the City would be dealing with on
35 acres, is in agreement with the proposal submitted by Mr. Hustad. Mr. Bob
Brown, 11480 Riverview Road, indicated he is in agreement with Mr. Hustad.
Osterholt indicated he would like Staff to summarize the public open space,
what the dollar figures would be, what kind of time frame, and where dollars
would come from.
Council members requested various changes be made in the draft rezoning
agreement.
City Attorney Perbix stated that one way the Council might proceed would
be to give Ordinance No. 77-20 a 1st Reading and that the 2nd Reading be
withheld until such time as we receive an appraisal based on figures
( submitted.
j MOTION: Bye moved to give a 1st Reading to Ordinance No. 77-20, rezoning
from Rural to R1-13. 5 for the western approximately 200 acres of the Bluff's
East/West PUD. Motion died for lack of a second.
MOTION: Osterholt moved, seconded by Meyers , to instruct staff to secure
an appraisal on the property, that any matters in the rezoning agreement
that are not clear be clarified, and that this item be placed on the agenda
at the earliest possible time. Osterholt, Meyers, Pauly and Penzel voted
"aye" , Bye voted "nay". Motion carried.
B. Resolution No. 77-46, approving preliminary plat of 250 lots on approximately
200 acres of the Bluff's East/blest PUD, Hustad Development Corporation
MOTION: Osterholt moved, seconded by Meyers , to continue Resolution No. 77-46
until such time as Item V. A. appears back on the Council agenda. Osterholt,
Meyers, Pauly and Penzel voted "aye". Bye voted "nay" . Motion carried.
C. 1st Reading of Ordinance No. 77-23, rezoning from Rural to RM 2. 5 and RM 6. 5
for the construction of apartments and double bungalows, Golf Vista Addition
by Edenvale, Inc.
Don Peterson, Edenvale, spoke to the proposal indicating that they have
reviewed the project again and feel it is an extremely desirable project as
laid out, noting that the only change would be to go to condominiums
apartments.
C
Council Minutes - 6 - Tues. ,June 14, 1977
C. 1st Reading of Ordinance No. 77-23, rezoning from Rural to RM 2.5 and
( RM 6. 5 for the construction of apartments and double bungalows , Golf Vista
Addition by Edenvale, Inc. (continued)
Osterholt stated that in his judgement after viewing the site and after
serious consideration, the community would be better served if the
condominiums were situated on Valley View Road and Golf View Drive
at the base of the hill rather than on top of the hill as proposed
by the proponent.
Pauly explained that she did go out and view the site and that the buildings
facing due south are fine, but the buildings facing due north, especially fi
in the winter, are large and they are going to overwhelm the adjoining
properties. She feels there is a lack of sensitivity for units overlooking z
the properties
Don Peterson noted that in Edenvale's original plan this area was designated as
multiple use.
Tom Tennison, 14314 Golf View Drive, stated in his opin4on a lot of things
are being pushed on the community. However, he does favor units on top of
the hill rather than at the bottom. '
Fred Baumann, 10805 Valley View Road, said he has viewed the site and
1
after looking at it, it seems to be a good utilization for the site.
Ron Lee, 14091 Sundial Court, noted he is more inclined to support
the project being constructed at the top of the hill as opposed to the base
of the hill .
Meyers explained that her intention would be that in the rezoning
agreement and before the 2nd reading of the Ordinance, that the proponent
provide a landscaping plan to increase and enhance the buffer affect
between the two northerly units and Outlot A and homes on Sundial Court with
a mixture of deciduous and coniferous trees and shrubs.
MOTION: Bye moved, seconded by Meyers , to adopt the lst Reading of
. Ordinance No. 77-23, rezoning from Rural to RM 2.5 and RM 6. 5 for the
construction of condominums and double bungalows for Golf Vista Addition
by Edenvale, Inc. Bye, Meyers and Penzei voted "aye" , Pauly and Osterholt
voted "nay". , Motion failed.
D. Resolution No. 77-64, approving preliminary plat for Golf Vista Addition
by Edenvale, Inc.
No action necessary as in Item V. C. , the 1st Reading of Ordinance was
not approved.
_ once Na. 77-15, rezoninn from Rural to RM 2. 5, RM 6. 5
E. 2nd F;e�di ng of Ordinance Plan for an elderly
and Service-Coru7ercial , Area "H" of The Preserve Conn^rc µ
health care retirement develo ment z Tudor Oaks by Covenant Living Centers of
Minnesota, Inc. , and rezoning agreement.
Osterholt moved, seconded by Pauly, to give a 2nd Reading to Ordinance No. 77-15,
rezoning from Rural to Rm 2. 5 and RM 6. 5, Area "H" of The'
Preserve Commercial Plan for an elderly health care retirement development,
Tudor Oaks by Covenant Living Centersof Mn. ,Inc. Motion carried unanimously.
J
Council Minutes - 7 - Tues. ,June 14, 1977
E. 2nd Reading of Ordinance No. 77-15, rezoning from Rural to RM 2.5, RM 6. 5
and Service-Commercial , Area "H" of The Preserve Commercial Plan for an
elderlyhealth care retirement development, Tudor Oaks by Covenant Living
Centersof Mn. , Inc. , and rezoning agreement continued
Meyers requested that an item be added to page 2 of the rezoning agreement
stating -:hat no approval in concept or rezoning is given to the proposed
2 acre commercial site at the southwest intersection of Schooner Blvd. and
#i 169.
MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning
agreement for Tudor Oaks by Covenant Living Centers of Mn. as amended.
Motion carried unanimously.
The Regular City Council meeting recessed at 10:40 PM.
Mayor Penzel called the Canvassing Bord to order to certify the results of the
Eire Bond Referendum.
City Clerk John Frane announced the election results of the Fire Bond Referendum,
the total being 1 ,181 "yes" votes, and 235 "no" votes.
MOTION : Pauly moved, seconded by Meyers, to certify the referendum results as
presented by the election judges. Motion carried unanimously.
The Regular City Council meeting reconvened at 11 :00 PN.
JI . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Pauly commented on the tree inspector working in her area.
2. Penzel requested that the appointment to the Human Rights
Commission and the Industrial Commission appear on the
June 21, 1977 Council Agenda.
B. Report of City Manager
1. Municipal Liquor
Director of Community Services Jessen spoke to his memo dated
June 10, 1977 and to the sample lease agreement.
Mr. Flesher, CPA and a resident of Eden Prairie, stated that he
was offended by the presentation made by Mr. Jessen as it sounds
unscientific. He further questioned why the City should go into
this type of an operation when it is doomed for failure and is going
to cost the taxpayers money.
Pauly explained that she was not going to vote on this matter because
of her husband' s family being involved in a liquor store operation in
C Chanhassen.
Council Minutes - 8 - Tues. ,June 14, 1977
A
MOTION: Meyers moved, seconded by Osterholt, that it is the Council ' s
intention to proceed with the operation of a Municipal Liquor Store
AW and to refer the lease agreement to the City Attorney for his review
and recommendation. Further that this item be placed on the June 21st
Council agenda.
General discussion took place among Council members.
MOTION TO CALL PREVIOUS MOTION: Osterholt moved the previous question,
seconded by Meyers. Osterholt, Meyers and Panzel voted "aye", Bye
voted "nay" , and Pauly abstained. Motion carried.
VOTE ON ORIGINAL MOTION: Osterholt, Meyers and Penzel voted "aye" ,
Bye voted "nay" , and Pauly abstained. Motion carried.
MOTION: Bye moved, seconded by Meyers, to instruct Staff to clearly
delineate any and all costs. Motion carried unanimously.
2. City Hall Expansion Plans
City Manager Ulstad requested that this item be continued to the
June 21, 1977 Council meeting.
1
MOTION: Osterholt moved, seconded by Meyers, to continue discussion
on the City Hall Expansion Plans until the June 21st Council meeting.
Motion carried unanimously.
C. Reool t o f Director of Community Services
1. Season boat launch fees
Director of Community Services Jessen spoke to his memo dated June 10, 1977
pertaining to the recommendation from the Parks, Recreation & Natural
Resources Commission concerning season boat launch fees .
MOTION: Pauly moved, seconded by Meyers , to approve the season
boat launch fees as per memo dated June 10, 1977 from Director of
Community Services Jessen. Pauly, Meyers , Bye and Penzel voted "aye" ,
Osterholt voted "nay". Motion carried.
D. Report of City Engineer
1. Edenvale Recreational Center Replat by Edenvale, Inc. , request to
replat Lot 3, Block 1 , Edenvale Industrial Park, into 4 lots. The
site is presently zoned C-Commercial and located within the NE corner
of TH 5 & Mitchel 1 Road.
Council members felt the replat as presented by Don Peterson, Edenvale,
is a different concept than what was originally approved.
MOTION: Osterholt moved, seconded by Pauly, to refer this replat
back to Mr. Peterson to work out revisions with the City Attorney.
Motion carried unanimously.
T
Council Minutes - 9 - Tues. ,June 14, 1977
2. Receive petition and order feasibilitX report for improvements
on Homeward Hills Road, I. C. 51-309 (Resolution No. 77-78)—
MOTION: Osterholt moved. seconded by Bye, to continue this item
to such time as the Bluf•, Edst/Wes+ appears on the Council
agenda. Motion carried unanimously.
3. Approve plans for Minnesota Department of Transportation for
bituminous resurfacing on TH 169 from . 3 mile south of
Schooner Boulevard to Shakopee
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-81, approving plans for Minnesota Department of Transportation
for bituminous resurfacing on TH 169 from . 3 mile south of Schooner
Boulevard to Shakopee. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to continue the Council meeting until
all items on agenda have been heard. Motion carried unanimously. E
4. Set public hearing for sever and water improvements in Edenview
I , Kutcher' s Addition and on Kurtz Lane, I .C. 51-300
MOTION: Osterholt moved, seconded by Meyers, to set July 19, 1977
as the Public Hearing date for sewer and waiver improvements in
Edenview I, Kutcher' s Addition and on Kurtz Lane, I. C. 51-300.
Motion carried unanimously.
Penzcl requested that people on east end of Kurtz Lane also be
notified of this Public Hearing.
5. Re plat of Block 2, Edenvale Industrial Park 2nd Addition. (Resolution
No. 77-82)
MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No.
77-82, approving the preliminary plat of Edenvale Industrial Park 2nd
Addition. Motion carried unanimously.
E. Repgrt of Finance Director
1. Clerk' s License List
MOTION: Meyers moved, seconded by Osterholt, to approve the
Clerk' s License List dated June 14, 1977, however continuing the
Snack Bar for Q Petroleum to the June 21, 1977 Council Agenda.
Motion carried unanimously.
A clear definition of Snack Bar was requested by the Council .
2. Payment of Claims Nos. 5577 - 5988
MOTION: Bye moved, seconded by Meyers , to approve the Payment of
Claims Nos. 5577 - 5988. Roll Call Vote: Bye, Meyers, Osterholt, Pauly
and Penzel voted "aye" . Motion carried unanimously.
Council Minutes - 10 - Tues. ,June 14, 1977
VII. NEW BUSINESS
1
1. C.E.T.A. Memo
MOTION: Osterholt moved, seconded by Meyers, authorized Staff
to enter into an agreement for C.E.T.A. funding. Motion carried
unanimously. ?
2. Set Public Hearing for Highpoint 4th Addition
MOTION: Meyers moved, seconded by Pauly, to set July 5, 1977 as
the Public Hearing date for Highpoint 4th Addition. Motion carried
unanimously.
Don Pennie, 9599 Bluff Road, appeared before the Council requesting that
a EIS be asked for on the Bluff' s East/West PUD.
Council members acknowledged the action taken by the Riley-Purgatory Creek
Watershed District that an EIS was not necessary for the Bluffs East/West
PUD. and that the Public Hearing has already been closed on the proposal .
VIII. ADJOURNMENT w
sr
MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at 11:50 PM.
Motion carried unanimously.
I.
4
P