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City Council - 07/05/1977 r ' 1 i q 1 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL WESDAY, JULY 5, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wol fgang Penzel , Bi 1 ly Bye, Joan } Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney 3 Harlan Perbix; City Planner Dick Putnam; Director of Community Services Marty i Jessen; Finance Director John Frane; and ( . Joyce Provo, Recording Secretary INVOCATION: Director of Community Services Marty Jessen ,1 PLEDGE OF ALLEGIANCE ROLL CALL: .Meyers , Osterholt, Pauly and Penzel present; Bye arrived at meeting at 7:10 PM. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: `r A. Communication to the Metropolitan Waste Control Commission B. 2 Vacancies on the Parks , Recreation & Natural Resources Commission , 1 . C. Request for the appointment of a U. N. Day Chairman MOTION: Pauly moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES i A. Minutes from Special Council Meeting held Monday, June 13, 1977 f Pg. 2, para. 9, 2nd line, strike "to her". { MOTION: Osterholt moved, seconded by Meyers , to approve the minutes of the Special Council Meeting held Monday, June 13, 1977, as amended and published. Osterholt, Meyers, Bye and Penzel voted "aye", Pauly abstained. Motion carried. B. Minutes of Regular Council Meeting held Tuesday, June 14, 1977 Pg. 6, last para. , 2nd line, strike "and Service-Commercial" and insert "and" between "RM 2. 5" and "RM 6. 511. Pg. 8, para. 10, 2nd line, strike "completely". MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Regular Council Meeting held Tuesday, June 14,1977 as published. Motion carried unanimously. j City Council Minutes - 2 - Tues. ,July 5, 1977 III . PUBLIC HEARINGS A. Highpoint 4th Addition, The Preserve, request to rezone from RM 2. 5 to R1-13. 5 and preliminary plat 36 lots on approximately 25 acres Don Hess , The Preserve, outlined the proposal and answered questions of Council members. Planner Putnam spoke to the Planning Commission minutes dated June 13, 1977, whereby unanimous support was given to the proposal for rezoning from • RM 2. 5 to R1-13.5, and preliminary plat approval was granted subject to =r . specific conditions. William Steinbi.cker, 9152 Neill Lake Road, Mrs. John Wastvedt, 9166 Neill Lake Road, and Gale L. Reiger, 9172 Neill Lake Road, expressed concerns regarding the greenway and trail , objection to development because the area is teeming with wildlife and there is a lot of high ground that is not developed in surrounding and adjacent areas , and questioned how many feet of fill would be coming into the area. ' Lois Kilkka, 9192 Neill Lake Road, questioned if the trailway would go below the hill . Mr. Hess replied the trail would go below the hill . Osterholt questioned how many of the lots were below 13,500 square feet in size. Hess replied the average lot is about 10,700 square feet. Osterholt further questioned how long the cul-de-sac would be. Hess replied m ; about 735 feet. Putnam added that the Engineering Department-would like - , to keep the cul-de-sacs at 500 feet, however in some instances they are longer. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and give a 1st Reading to Ordinance No. 77-26, rezoning Highpoint 4th Addition in The Preserve from RM 2. 5 to R1-13. 5 for single family lots. Meyers , Bye, Penzel and Pauly voted "aye" , Osterholt voted "nay" . Motion carried. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement before the 2nd Reading of Ordinance No. 77-26, including the recommendations of the Planning Staff Report dated June 7, 1977, the Engineer's Staff Report dated June 9, 1977, and the recommendations from the Parks, Recreation & Natural Resources Commission as to the resolution of Outlot B. MOTION TO AMEND: Osterholt moved, seconded by Pauly, to amend the previous motion directing staff to look at the reduction of the number of lots and to address the depth vs. width on the lots on the western side of the plat for intrusion on Neill Lake prior to the 2nd Reading of Ordinance No. 77-26. Osterholt, Pauly and Penzel voted "aye", Meyers and Bye voted "nay". Motion carried. MOTION AS AMENDED: Osterholt moved, seconded by Pauly, to adopt the previous motion as amended. Osterholt, Pauly, Meyers and Penzel voted "aye", Bye voted , . "nay". Motion carried. C' 4 City Council Minutes - 3 - Tues. ,July S. 1977 A. Highpoint 4th Addition, The Preserve (continued) F Osterholt requested that the agenda be corrected to show the requtst from the proponent is for 36 lots and not 43 as shown on the agenda. Resolution No. 77-89, approving the preliminary plat for Highpoint 4th w Addition, was continued to the time of the 2nd Reading of Ordinance No. 77-26. IV. REPORTS OF .ADVISORY COMMISSIONS _ .No Reports. V. PETITIONS , REQUESTS & COMMUNICATIONS A. Appeal of decision of the Board of Appeals & Adjustments by Dennis Peterson, Attorney representing resident on Cedarcrest Drive City Manager Ulctad explained that the minutes of the March 16, 1976 Board of Appeals & Adjustments meeting had been sent to membersof the Board for verification as to the accuracy of said minutes. Of the five members that were sent copies of the minutes, 4 reported that the minutes were correct as published. The only person that could not be contacted for verificatic^ of the minutes was Mr. Cebulla who has moved out of the City. Ulstad further explained that the Watershed District feels that the requirements. have been complied with and they have no further requests of the Hendrickson party involved. Meyers questioned if the land hold agreement had been filed. City Attorney Perbix responded that at the present time the land gold agreement had not been filed, but that he would file it as soon as possible. Pauly noted that according to the letter recently received by Council members from Mr. Cable, that he and the other concerned residents have not seen the land hold agreement. Perbix explained that he had no idea they have not seen the agreement as he had drafted it on April 26, 1976. Dennis Peterson, Attorney for Mr. Cable, questioned if there has been a written report prepared by the Watershed District and, if so, it would be beneficial for the residents on Cedarcrest Drive to see the report and give them a chance to respond. Mr.Ulstad explained that he did not have a written report from Mr. Gebhard, Engineer for the Watershed District, but is confident he would be willing to supply that to the Council . Jack Miller, Attorney for the Hendrickson's brothers, Bob Hendrickson, and Jerry Hendrickson answered questions of Council members . Richard Cole , 17251 Cedarcrest Drive, stated that if there was never any intention for a cul-de-sac at the end of the road , the City of Eden Prairie has an engineering problem as the entire area is only served by one street. Penzel explained that basically it is the City's policy not to allow cul—de-sacs of over 500 feet where possible and there is a potential of a connection, however he does not know of any connections proposed at this time. Mr. & Mrs. Duane Cable, 17181 Cedarcrest Drive, spoke in particular to the water erosion problem. �, City Council Minutes - 4 - Tues . ,July 5, 19/i A. Appeal of decision of the Board of Appeals & Adjustments by Dennis Peterson, Attorney representing resident on Cedarcrest Drive continued Penzel asked the residents if they were willing to work with Mr. Ulstad to come up with a reasonable solution. Mr. Peterson said they certainly would be willing to do that. MOTION: Bye moved, seconded by Pauly, to refer this matter to staff and requested that staff work with the residents on Cedarcrest Drive to resolve the s situation and report back to the Council at the July 19th Council meeting. Motion carried unanimously. Osterholt stated he is interested in having an opinion from our City Attorney as to what action the Council might be able to take. Penzel concurred and felt this would be part of the Staff report. VI.ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 77-20, rezoning from Rural to R1-13. 5 for the western approximately 200 acres of the Bluffs East/West PUD, and rezoning agreement City Manager Ulstad explained that the appraisal report received last Friday and sent to the Council has been seen for the first time today by the proponents. Ulstad further stated that the rezoning agreement has been redrafted with the changes requested by the Council in the preliminary draft. �` Director of Community Services Jessen spoke to the appraisal report. ° w- noting that the value of Parcel 1 was $191 ,200, and $408,000 for Parcel 2. Jim Ostensen stated that the Bluffs Company was in agreement on the value of that portion of land belonging to them (Parcel 2) , and that the other property owners, Jim and Robert Brown, were agreeable to the same figure, that being $408,000 and not $191 ,200 as the appraisal report indicated for Parcel 1. Ostensen requested that the Council approve the preliminary plat and rezoning agreement and work out the negotiations on the land before the 2nd reading. MOTION: Osterholt moved, seconded by Pauly, to continue this item to the July 19th Council meeting for the purpose of the proponents securing another appraisal . Osterholt, Pauly and Penzel voted "aye", Meyers "abstained" , and Bye voted "nay". Motion carried. Meyers questioned if the Brown' s were willing to pay for the 2nd appraisal . Both Jim and Robert Brown replied in the affirmative. B. Resolution No. 77-46, approving preliminary plat of 250 lots on approximately 200 acres of the Bluff' s East/West PUD, Hustad Development Corporation Continued to July 19, 1977 Council. meeting. City Council Minutes - 5 - Tues. ,July 5, 1977 l C. 1st Readinq of Ordinance No. 77-22, prohibiting noisyr' parties and unlawful trespasses upon the private lands of anothe -without first securing written permission for such use from the owner of said property and establishing a penalty for violation thereof Sergeant Bob Tyson spoke to his report dated July 1 and in support of proposed Ordinance No. 77-22, stating this ordinance would give the Public Safety Department authority to go into an area and break up the parties before they really get out of hand. Both Sargeants Tyson and Oberlander answered- questions of Council members. Sally Brown, 10080 Bennett Place, questioned if the land owner could be prosecuted if he did not know parties were being held on his property. City Attorney Perbix responded that the property owners could not be prosecuted unless they had knowledge of the parties. Don Peterson, Edenvale, Bruce Bermel , Bermel-Smaby, and Mrs . Brandt, 12300 Riverview Road, spoke in favor of the proposed ordinance. Pauly explained that she was not going to vote in favor and hoped the ordinance, if passed, would not be abused, but that the potential of abuse is there. She felt it interfers with the rights of the owners and the idea of stbpping disorderly conduct before disorderly conduct occurs bothers her. Meyers requested that the Public Safety Department keep a record of how this ordinance is used and,if possible, when it is used and under what circumstances. Osterholt stated he would be very interested in having a report on this six months as he feels this ordinance is another violation of fundamental - hts and that the present ordinance is satisfactory which deals with orderly conduct. a zel felt the Public Safety Officers are doing a fine job and if the time should ever come when this ordinance is abused, it can be readily struck from the books in a short time. MOTION: Meyers moved, seconded by Bye, to adopt the 1st Reading of Ordinance No. 77-22, prohibiting noisy parties and unlawful trespasses upon the private lands of another without first securing written permission for such use from the owner of said property and establishing a penalty for violation thereof. Meyers, Bye and Penzel voted "aye", Osterholt and Paialy voted "nay". Motion carried. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members 1. Appointment of one- member to the Building Code Board of Appeals for a term to expire February 28, 1978 Penzel recommended Bruce Brill for the appointment to the Building Code Board of Appeals. MOTION: Osterholt moved, seconded by .Pauly, to cast a unanimous ballot for the appointment of Bruce Brill to the Building Code Board of Appeals. Motion carried unanimously. } City Council Minutes - G - Tues. ,July 5, 1977 F Z. Appointment of one member to the Human Rights Commission fora three year term to expire February 28, 1980 Penzel recommended Rosemary Dysinger for the appointment to the Human Rights Commission. MOTION: Meyers moved, seconded by Pauly, to cast a unanimous ballot for the appointment of Rosemary Dysinger to the Human Rights Commission. ' Motion carried unanimously. - B.. Report of City Manager No reports. C. Report of City Attorney 1. Interim agreement with Bermel-Smaby Realty, Inc. City Attorney Perbix spoke to the interim agreement with Bermel-Smaby Realty, Inc. , and recommended approval of-same. Meyers requested that any reference to signage be deleted from Exhibit "B". MOTION: Bye moved, seconded by Pauly, to approve the interim agreement with Bermel-Smaby Realty, Inc. as amended. Motion carried unanimously. 2. Edenvale Family Recreation Center Replat by Edenvale, Inc. " City Attorney Perbix spoke to the changes in the replat and to the draft rezoning agreement. y Donald Peterson, Edenvale, explained he would appreciate approval of the two sites Edenvale has been committed to as of this date. Mr. Peterson further stated that Edenvale is trying to stick to the original plan as close as possible. !` MOTION: Osterholt moved, seconded by Bye, to approve the replat for the Edenvale Recreation Center for two specific uses as per Exhibit "A" of the rezoning agreement. Osterholt, Bye, Pauly and Penzel voted "aye", Meyers voted "nay". Motion carried. MOTION: Osterholt moved, seconded by Pauly, to approve the rezoning agreement as submitted. Osterholt, Pauly, Bye and Penzel voted "aye", Meyers voted "nay". Motion carried. D. Report of Planning Director 1. Report on Flying Cloud Airport William Olson, Metropolitan Airports Commission, spoke to the Master Plan that MAC has adopted and sent to the Metropolitan Council . MOTION: Bye moved, seconded by Osterholt, to continue on with the next item as this is a flagrant abuse of the City's position. r, City Council Minutes - 7 - Tues. ,July 5, 1977 , 1. Report on Flying Cloud Airport (continued) Osterholt questioned Mr. Olson if he was present at the Public Hearings held by the City Council on Flying Cloud Airport and if he thought the City' s position is unjustified or unreasonable. Mr. Olson stated he was present at some of the hearings and feels MAC did react by changes made in the plan. MOTION TO CALL PREVIOUS QUESTION. Osterholt moved, seconded by Bye, to call the previous question. Motion carried unanimously. VOTE ON PREVIOUS QUESTION: Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried unanimously. + ! Osterholt stated he would like to have a report on zoning around M Flying Cloud Airport. i t Putnam asked if the Council thought it would be helpful for them to ! (1 know what is currently approved in the vicinity of Flying Cloud Airport. p' The Council agreed this would be helpful . E. Report of Director of Corrmtunity Services 1. Recorrrnendation from the Parks , Recreation & Natural Resources Commission concerninq the Metropolitan Airports Co;nmission acquisition of Wolf ? opera 3 MOTION: Osterholt moved, seconded by Bye, to accept and file the resort � from Director of Community Services Jessen dated July 1 , 1977. Motion carried unanimously. 'p eport of Cif Engineer_ Receive petition and order feasibility report for im rovements on Homeward Hills Road, I . C. 51-309 Resolution No. 77-80 MOTION: Meyers moved, seconded by Bye, to continue this item to the July 19, 1977 Council meeting. Motion carried unanimously. s 2. Receive feasibility report on sewer and water improvements for Edenview I , Kutcher' s Addtion, and Kurtz Lane - I .C. 53-900 Osterholt requested clarification as to why residents have to pay 8% interest. MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-95, receiving the feasibility report on sewer and water improvements for : Edenview I, Kutcher' s Addition, and Kurtz Lane - I. C. 53-300. Motion carried unanimously. G. ReRort of Finance Director 1. Payment of Claims Nos. 6081 - 6237 r MOTION: Bye moved, seconded by Meyers , to approve Payment of Claims 1 Nos. 6081 - 6237. Roll Call Vote: Bye, Meyers, Osterholt, Pauly and ' f Penzel voted "aye". Motion carried unanimously. i i 2. Clerk' s License List MOTION: Bye moved, seconded by Meyers, to approve the Clerk's License qrList dated July 5, 1977. Motion carried unanimously. VIII.NEW BUSINESS. I A. Communication to the Metropolitan Waste Control Commission City Manager Ulstad requested that the Council reconsider sending the letter to. the Metropolitan Waste Control Commission and allow Staff at least to make a proposal to the Commission and hopefully they would accept the proposal . If they in turn� do not accept the proposal , then the communication would be sent to the Commission inviting them to meet with the Council . The consensus of the Council was to authorize Staff to negotiate with the i Commission and report back to the Council . B. 2 Vacancies on the Parks, Recreation & Natural Resources Commission i Continued to the July 19, 1977 Council meeting. C. Request for the appointment of a U.N. Day'Chairman ! ` Mayor Penzel, requested that the Council be prepared to nominate a U. N. Day Chairman at the July 19, 1977 Council meeting. TX. ADJOURNMENT ! ' MOTION: Osterholt moved, seconded by Meyers, to adjourn the meeting at 11 :14 PM. Motion carried unanimously. j I4 . i +C q