City Council - 08/02/1977 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, AUGUST 2, 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; City Attorney
Harlan Perbix; City Planner Dick Putnam;
Director of Community Services Marty
Jessen, Landscape Architect Chris Enger, .
City Forester Stuart Fox, and Joyce Provo,
Recording Secretary
INVOCATION: Reverend Rodney Anderson, St. Andrew Lutheran Church
PLEDGE OF ALLEGIANCE
ROLL CALL: Osterholt, Pauly and Penzel present; Bye and Meyers absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Osterholt moved, seconded by Pauly, to approve the agenda as published.
Motion carried unanimously.
,( II. MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, JULY 5, 1977
Pg. 2, 1 st line, change "Stei nbecker" to "Steinbi cker" ; and in the 4th line,
change "teaming" to "teeming"
Pg. 3, 9th para. , 5th line , strike 1500 and insert 500", and in the loth
para. , 2nd line, insert "erosion" after "water".
Pg. 5, 1st para. , strike "Sergeant" and insert "Sergeant"; 4th para. , lst
line after "vote" insert "in favor" , and in the same line after "ordinance"
insert " , if passed,"; 8th para. , 5th line, change Pauly's vote to "nay"
rather than "abstained"; and in the 9th para. , Ist line, strike "Osterholt"
and insert "Penzel ".
III . PUBLIC HEARINGS
A. Maple Leaf Acres, 3rd Addition by Jarip Corporation, request for PUD
Concept approval , rezoning from Rural to R1-13. 5 for approximately 62
acres and from Rural to C-Commercial for approximately 1 .3 acres, and
preliminary plat approval for 142 lots
Penzel announced that because there are only three members of the City
Council present at this meeting there will not be any action taken on
rezonings.
MOTION: Osterholt moved, seconded by Pauly, to continue this item
to the August 16, 1977 Council meeting for the purpose of having 4
Council members present. Motion carried unanimously.
City Council Minutes - 2 - Tues. ,August 2, 1977
A. Maple Leaf Acres, 3rd Addition by Ja rip Corporation, request for PUD
Concept approval , rezoning from Rural to R1-13 .5 for approximately 62
acres and from Rural to C-Commercial for approximately 1 .3 acres , and
preliminary plat approval for 142 lots continued
Council members requested that the proponent give a brief presentation
outlining their proposal•
Dennis Griswold appeared on behalf of the proponent and outlined the
project, 'noting the revision in the plan from 142 lots to 141 lots.
Pauly questioned if work has been done toward identifying open space
in the area to which the cash park fee might apply. Planner Putnam
replied that there was an area in Hidden Ponds, Outlot D, which was
identified as a school park or park site at an agreed price of about
$125,000 for approximately 15 acres. This area would tie in with
Outiot b ana the trail that is there. Pauly further asked if there were S.t
any other alternatives . Putnam explained there was a site identified
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north of the Lochanburn area. i4
Pauly questioned if any consideration has been given to the neighbors
petition to buy 3 lots . Putnam replied that the Planning Commission
did not recommend a 3 lot play area, rather a neighborhood park of
sufficient size - 12 to 20 acres, consistent with the Neighborhood
Facilities Study.
Pauly requested more refinement on the particular price by the next
Council meeting and asked that City Engineer Jullie have recommendations
on how the road system should be handled.
Osterholt felt the matter of cash park fee versus land dedication should go to the
Parks, Recreation & Natural Resources Commission. Rusty Irvine, the proponent, 4
explained that the Commission did not take a look at the cash park fee,
but did endorse the project.
Pauly also requested that the Parks , Recreation & Natural Resources
Commission take a look at the trail system.
Council members requested that this item be referred to the Parks,
Recreation & Natural Resources Commission for their recommendation on
items as outlined above,
IV. REPORTS OF ADVISORY COMMISSIONS
A. Report from the Parks, Recreation & Natural Resources Commission on Cash
Park Fee Policy/Land Dedication Requirements
Director of Community Services Jessen and Commissioner Garens spoke to i
memo dated July 15, 1977 regarding Cash Park Fee Policies, and discussion
which took place at the Parks, Recreation & Natural Resources Commission
meeting held July 18, 1977. Both Jessen and Garens answered questions of
Council members.
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City Council Minutes - 3 - Tues. ,August 2, 1977
A. Report from the Parks , Recreation & Natural Resources Commission on Cash A
Park Fee Policy/Land Dedication Requirements Continued y
Pauly questioned why these policies exclude trails, and asked if trails
could be included in item 5 under "d". Jessen agreed with Pauly's request
and further explained that verbege in item 5, d. , can include trails , but
he would include specific reference to trails.
Osterholt stated that the policies do not address if The Preserve and Edenvale
are exempt from paying the cash park fee, and if they are, are they exempt
on plans to be added to the original PUD development. Garens explained
that The Preserve and Edenvale's PUD were both conceptually approved calling
for park dedication. Osterholtstated he is not sure they should not be
paying the cash park fee now.
Don Peterson, Edenvale, responded he believes new developments should be
required to pay for the parks. He further stated that if The Preserve, i
Edenvale, etc. . gave park land under a previous commitment at that time,so be
it, however, if a new development comes in they should be required to pay either
the cash park fee or dedicate land for park purposes.
Commissioner Garens stated he would like to take this matter hack to the
Parks, Recreation & Natural Resources Commission as the Commission has some
problems with The Preserve which should be resolved.
It was the consensus of the Council that this matter be referred back to the
Parks , Recreation & Natural Resources Commission.
7.TITIONS, REQUESTS & COMMUNICATIONS
Request from John Komula to build a two-story home in Edenvale 's Greens
Addition
MOTION: Osterholt moved, seconded by Pauly, to grant the request of
John Komula to build a two-story home at 6624 Canterbury Lane, Lot 3 of
Edenvale's Greens Addition, and approval of the existing two-story home
at 6648 Canterbury Lane, Lot 4. Motion carried unanimously.
Perbix asked if the Council would like to consider removing the I '
restriction on the remaining 2 lots which have not as yet been built on.
Pauly requested that these two lots be put on the Council Agenda for action
at another time.
VI. ORDINANCES & RESOLUTIONS '.
A. Resolution No. 77-100, setting September 20,` 1977 as the date for the sale '
of Certificates of Indebtedness, Fire Bonds and General Obligation Water and
Sewer Bonds r
MOTION: Pauly moved, seconded by Osterholt, to adopt Resoltion No. 77-100,
setting September 20, 1977 as the date for the sale of Certificates of
Indebtedness, Fire Bonds and General Obligation Water and Sewer Bonds.
Motion carried unanimously.
City Council Minutes - 4 - Tues. ,August 2, 1977
B. Resolution No. 77-98, adopting a Manual of Policy and Regulations for the
Department of Public Safety
Osterholt gomplimented the Public Safety Department for the excellent job
in producing the Manual , and asked that the Manual also speak to the
following: use of Public Safety equipment by officers during off duty hours
and also out of the community, and if Public Safety Officers can be hired
during off duty hours .
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-98,
adopting a Manual of Policy and Regulations for the Department of Public
Safety. Motion carried unanimously.
C. 2nd 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 for Hustad Development Corporation
MOTION: Osterholt moved, seconded by Pauly, to continue this item to a
future Council meeting as there are not 4 members of the Council present
at this meeting to take action on a rezoning. Motion carried unanimously.
D. 2nd Reading of Ordinance No. 77-27, rezoning Eden Prairie Industrial Park
from I-2 to 1-General for Champion Mill property and rezoning agreement
MOTION: Osterholt moved, seconded by Pauly, to continue this item to a
future Council meeting as there are not 4 members of the Council present
at this meeting to take action on a rezoning. Motion carried unanimously.
2nd Reading of Ordinance No. 77-14, rezoning from R1-22 to R1-13.5 for P,
17 lots on approximately 8 acres for Walnut Addition by Di rl am Properties
and rezoning agreement
MOTION: Osterholt moved, seconded by Pauly, to continue this item to a
future Council meeting as there are not 4 members of the Council present
at this meeting to take action on a rezoning. Motion carried unanimously.
F. 2nd Readin_gof Ordinance No. 77-24, rezoning from Rural to R1-13.5 for
Edenvale 14th by Edenvale, Inc. , and rezoning agreement
MOTION: Osterholt moved, seconded by Pauly, to continue this item to a
future Council meeting as there are not 4 members of the Council present
at this meeting to take action on a- rezoning. Motion carried unanimously.
G. Resolution No. 77-93, requesting the State Tax Commissioners to correct
assessment inequities >'
City Manager Ulstad spoke to Resolution No. 77-93, commenting that 30 other
communities have also considered this resolution.
Osterholt requested that the Council be advised of meetings on this item f
so the City' s position can be reiterated.
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 77-93,
requesting the State Tax Commissioners to correct assessment inequities.
Motion carried unanimously. a:
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H. 2nd Reading of Ordinance No. 77-17, rezoning from I-General to I-2 Park,
5 lots for the Edenvale Industrial Park, Outlot F by Edenvale, and
rezoning agreement
MOTION: Osterholt moved, seconded by Pauly, to continue this item to a
future Council meeting as there are not 4 members of the Council present
at this meeting to take action on a rezoning. Motion carried unanimously.
I . 1st Readinq of Ordinance No. 77-29, relating to the Industrial Commission
for the City of Eden Prairie and amending Ordinance No. 79 as amended
MOTION: Osterholt moved, seconded by Penzel , to approve the 1st Reading
of Ordinance No. 77-29, relating to the Industrial Commission for the City
of Eden Prairie and amending Ordinance No. 79 as amended. Motion carried
unanimously.
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VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
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A. Reports of Council members
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Penzel reported on the meeting of the Suburban Public Health Nursing
Services, of which he is a member, and requested that staff submit a
list of what services other communities are providing for nursing services . i
B. Report of City Attorney
City Attorney Perbix spoke to awards received on the following
I properties: Nagengast - $185,000; Kopesky - $152,000; Ingram - $167,000,
8 and Hoeft - $130,000.
C. Report of City Manager
1. Award bids for Civil Defense Sirens
City Manager Ul s tad recommended the bid for Civil Defense Sirens
be awarded to the low bidder, Electric Service Company.
MOTION: Osterholt moved, seconded by Pauly, to award the bid to the
low bidder, Electric Service Company, in the amount of $17,710.00
for Civil Defense Siren installation. Roll Call Vote: Osterholt,
Pauly and Penzel voted "aye". Motion carried unanimously.
2. Setting of Public Hearings for August 16, 1977 for Vale Woods - Dirlam
Properties, and Amsden Hills II - The Preserve
MOTION: Pauly moved, seconded by Osterholt, to set August 16, 1977
as the Public Hearing date for Vale Woods and Amsden Hills II . Motion
carried unanimously,
D. Report of Planning Director
1. Request for temporary use and display for low cost housing demonstration
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Mr. Thomas Walters, Executive Director of Minnesota Manufactured Housing .
Association, appeared before the Council and spoke to his letter dated
July 21, 1977,noting that the Eden Prairie Center has granted his Association
City Couia-i ; Minutes - 6 - Tues . ,August 2, 19.77
1. Request for temporary use and display for low cost housing demonstration
(Continued)
permission to place their display close to the bank property. He also
• reported that he has talked to the -State Building Code Division and they
would see that the display is set up according to State Code. Mr. Walters
answered questions of Council members.
Pauly and Osterholt felt the period of display was too long. Osterholt
further stated that the Council is not giving out an endorsement for
manufactured housing.
Council received and filed communication dated July 21, 1977 from
Mr. Walters and information submitted.
2. Windslope Management Agreement
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Joan Anderson, Resident Manager of the Windslope Project, and Kevin
McCarthy, District Manager for the National Corporation for Housing
Partnerships , appeared before the Council and answered questions .
Osterholt stated he has been disappointed with the Windslope Project
thus far. f
City Manager Ulstad explained that the Windslope Management Agreement
has been brought before the Council based on the action taken in 1970
when the Council approved the Windslope Project. One of the conditions
was that at least once a year or more frequent, that a report be
submitted to the Council relative to the social services provided for
the residents and any other reports as to financial conditions as they
relate to the National Corporation for Housing Partnerships.
Perbix explained that this agreement is part of a program on how Windslope
plans to operate. It is here for Council approval , and if there are any
changes they should be submitted to the Council .
Pauly requested to see forms mentioned on Page 5, IV. , B. Mr. McCarthy
stated he did not have the formsin his possession but would have them
available for the next Council meeting.
MOTION: Osterholt moved, seconded by Pauly, to continue this item
to the August 16, 1977 Council meeting. Motion carried unanimously.
E. Report of Director of Community Services
1. Beer Cooler Bids
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Director of Community Services Jessen spoke to memo dated August 1 , 1977,
recommending awarding the bid to the lowest bidder.
MOTION: Osterholt moved, seconded by Penzel , to award the bid for a
Cooler to the lowest bidder, Display Fixtures, in the amount of $15,153.00.
Roll Call dote: Osterholt, Penzel and Pauly voted "aye" . Motion carried `s
unanimously.
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2. Tree Disease Control Program
Director of Community Services spoke to memo dated July 1 , 1977 on the
1977 Tree Disease Program. Jessen pointed out in particular that the new
State Law does not provide for subsidy for private residential property
over. 5 acres and does not provide for any private property reforestation program.
He further stated that the replacement of trees is one of the Most oos i ti ve,
parts of our program; however, the City will have to provide more money.
Chris Enger, Landscape Architect, Stu Fox, City Forester, and Director
of Community Services Jessen responded to questions asked by Council
members.
Pauly questioned if people with more than 5 acres of land that took trees
down in 1976 had received their subsidy Jessen responded that these
people have already received their subsidy for 1976.
Pauly further questioned what about people with six acres who thought '
they would be receiving a subsidy. Jessen stated this is what the Council
must decide and that the City has not mailed out any subsidies for 1977
as we have not received the State subsidy. t
City Attorney Perbix and Director of Community Jessen spoke to the proposed
draft ordinance. Perbix explained that this ordinance provides some
changes with teeth in it with some ability to enforce.
MOTION: Pauly moved, seconded by Penzel , to direct staff to provide
more information on the cost to the City for subdizing parcels of 5 ,
acres or more surrounding the home site. Motion carried unanimously. ig
Stable Lease
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Director of Community Services Jessen spoke to his merno dated July
29, 1977 regarding the Stable Lease .
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Pauly noted that one of the options put forward is that the City may provide '
umbrella coverage and asked Mr. Jessen if this was his recommendation.
Jessen explained that the umbrella coverage is an option, but not one he
recommended. ,
Osterholt requested Jessen ask the operators of the Stable what length of
lease they desire and report back to the Council .
MOTION: Pauly moved, seconded by Osterholt, to continue the Stable Lease f
according to the recommendation in memo dated July 29, 1977 that the coverage
be increased to the $1 ,000,000 limit and other terms of the lease be met.
Further that Mr. Jessen work with Mr. Lorenz and Mr. Lear on an extended lease
from three to five years. Motion carried unanimously.
4. Round Lake Water QualityStud - consideration of work plan and scope of
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services #
Director of Commmunity Services Jessen spoke to his memo dated July 29, 1977
and the work plan for the Round Lake Study, noting the Parks, Recreation
b Natural Resources Commission recommended that the City proceed with a study
of this area.
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4. Round Lake Water Quality Stud - consideration of work plan and scope of
services continued
MOTION: Osterholt moved, seconded by Pauly, to authorize Staff to enter
into an agreement with the Watershed District to undertake the Round Lake
Water Quality Study. Roll Call Vote: Osterholt, Pauly and Penzel voted
"aye" . Motion carried unanimously.
F. Report of City Engineer
1. Final plat approval for Red Rock Hills 3rd Addition
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No.
77-105, approving final plat of Red Rock Hills 3rd Addition. Pauly and
Penzel voted "aye" , Osterholt voted "nay" . Motion carried.
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2. Final plat approval for The Preserve, Area "G", Commercial Plan
MOTION: Osterholt moved, seconded by Penzel , to adopt Resolution No.
77-101, approving final plat of The Preserve Commercial Park North.
Motion carried unanimously.
3. Receive Feasibility Report for improvement on Homeward Hill-C Road,
I C. 51-309
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MOTION: Pauly moved, seconded by Osterholt, to continue this item
to the August 16, 1977 Council meeting. Motion carried unanimously.
4. Approve plans and specifications and order advertisement for bids
for Scenic Heights Road Improvements , I.C. 51-270
City Engineer Jullie explained that the bid proposal has been set up
so that the section from Red Rock Road West to County Road 4 is an
alternate bid and could be thrown out if the City crews could do this ;
section with the new paving machine.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 77-104, approving plans and specifications and ordering
advertisement for bids, I .C. 51-270. Motion carried unanimously.
5. Resolution No. 77-94, approving sale of tax forfeited properties
City Manager Ulstad explained that the City does not have a need
to acquire any of the five parcels in question.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No.
77-94, approving sale of tax forfeited property. Motion carried #
unanimously.
6. Final plat approval of Edenvale Industrial Park, 4th Addition
MOTION: Pauly moved, seconded by Penzel , to adopt Resolution No.
77-106, approving final plat of Edenvale Industrial Park,4th
Addition. Motion carried unanimously.
- Tues. ,August 2, 1977
7. Final plat approval for the Bluff's West (Resolution No. 77-102)
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MOTION: Osterholt moved, seconded by Pauly, to continue this item
to a future agenda . Motion carried unanimously.
Penzel stated that there are still -three names on one street, and unless
that is changed he will not vote for final plat approval . City Manager
Ulstad responded that the developer is aware of -this problem.
G. Report of Finance Director
1. Payment of Claims Nos. 6406 - 6528
MOTION: Pauly moved, seconded by Osterholt, to approve Payment of �t
Claims Nos. 6406 - 6528. Roll Call Vote: Pauly, Osterholt and Penzel
voted "aye". Motion carried unanimously.
2. Clerk' s License List
MOTION: Osterholt moved, seconded by Pauly, to appruve the Clerk's
License List dated August 2, 1977. Motion carried unanimously.
VIII. NEW BUSINESS
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Discussion took place regarding a special Council meeting to take up the
rezonings which could not be acted upon at this meeting because
there were not the necessary 4 members of the Council present. Council Members
requested the City Manager to set up a special Council meeting for this
purpose.
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IX.ADJOURNMENT
MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting
at 9:55 PM. Motion carried unanimously.
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