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City Council - 08/16/1977 iAl :l i2 ei it .APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 16, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, x Dave Osterholt and Sidney Pauly =' COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Harlan Perbi x; City Engineer Carl Jul l i e; City Planner Dick Putnam; and Joyce Provo, Recording Secretary { INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Meyers , Osterholt, Pauly and Penzel present; Bye absent. 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: A. Discussion on memo from Ross Thorfinnson dated August 8, 1977 j B. Minutes on Golf Vista C. Setting of a Public Hearing date for Garrison Forest D. Resolution pertaining to Advanced Mobile Life Support Units E. Communication from Donald F. Pennie, President of the Board of Managers of the Riley Purgatory Watershed District MOTION: Osterholt moved, seconded by Pauly, to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, JULY 19, 1977 Pg. 2, 5th para. , 2nd line, strike "favor of it" and insert "not" after "would" and "opposed to it" after "be" . Pg. 3, 5th para. , 1st line, after "8%" insert "interest rate"; and in the 8th para . , 3rd line, strike "and Pauly" . Pg. 8, 4th para. , 1st line, after "Osterholt," insert "to ratify the Council ' s previous action and" . Pg. 9, 5th para. , 4th line, strike "access to Red Rock Road" and insert in lieu thereof "staff explore an alternative access to Scenic Heights Road, other than Red Rock Road, along Village Woods Drive to Mitchell Road: MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of the Regular Council Meeting held Tuesday, July 19, 1977, as amended and published. Meyers, Osterholt and Penzel voted "aye" , Pauly "abstained" . Motion carried. Council Minutes - 2 - Tues . ,August 16, 1977 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 City Manager U1stad explained that this is a continued Public Hearing from August 2. As there were only three members of the Council present at the August 2nd Council meeting action could not be taken. The proponent did give a brief preliminary presentation on August 2nd at the request of the Council . Dennis Griswold, Landscape Architect, outlined the proposal and the process they have followed thus far. Mr. Griswold stated he has discussed the proposal for pondi ng the area for drainage with Mr. Al Gebhard, Engineer for the Purgatory Creek Watershed District, and City Engineer Jullie. City Planner Putnam spoke to Staff Report dated June 9, 1977, and the Planning Commission meetings held June 11 and June 13, 1977. Uls tad referred the Council to memo from Marty Jessen dated August 16, 1977, outlining the- action taken by the Parks, Recreation & Natural Resources Commission at their meeting held August 15, 1977. Meyers requested Staff look at the placement of trails in the proposed development. Both Mr. & Mrs. Irvine answered questions of Council members . r u '1 Meyers stated it is obvious that no one in the area spoke in support of the r commercial corner as proposed and questioned if the Planning Commission looked f at any alternatives, and if the proponents are sincere in making use of the corner in question for single family residential . Putnam explained that the Planning q Commission did discuss what might be done with the corner and it was mentioned to leave it as a park or open space, but the Commission questioned if it would be a good place for children to play. The Commission looked at the corner as a possibility of duplex/double bungalow lots , and the single family option was also discussed. The Planning Commission at this point said they didn' t know, they would just as soon leave it open until a later date when something is proposed. Mrs. Irvine stated they are not prepared at this time to bring an acceptable commercial use to the Council , but in the future they would come back with a solid proposal . If the neighbors would be against the proposal , the proponent would bring it back as single family residential . Mr. Glisczinski , 7152 Ticonderoga, asked if there are any plans for any type of trails . Putnam outlined the 3 proposed trail systems : Duck Lake connection, Valley View, and Deli Road. Mrs. Romsos, 7138 Ticonderoga, stated she was pleased to see the size of the project reduced and explained that some of the people questioned the need for Dell Road and also the traffic that will be generated from this area. Jullie stated he is looking at the various alternatives that might be available, and suggested the Council approve the preliminary plat and direct Staff to prepare a feasibility. study to determine where and how much cost is involved and what the total project might involve. The report would be done before the final plat for this project would be approved. Council Minutes 3 _ Tues. ,August 16, 1977 A. Maple Leaf Acres , 3rd Addition by Jari p Corporation (continued) l ' Mr. Gl isczinski stated he bel ieves the, Darks in Hidden Ponds are about tth riaht size for the area they are in and does not know if they can take the addeed usage. Mrs. Irvine explained that they are providing $40,000. from the Maple Leaf project, and $15,000 from their first project for park money. s t f Mr. Glisczinski also thought the traffic situation should be firm before the project is approved and also the type of signals to be provided at the railroad crossing. ti Mrs. Romsos spoke in opposition to the commercial site, but thought it should be left open and as a nature part of the development. Osterholt stated there are a nuanber of concerns indicated by the Council , i .e. , 1) what to do with the area that is now proposed commercial , 2) matter of staging with regard to Duck Lake Trail and how roadways are going to intersect, and 3) park site -should the City require cash rather than land. t MOTION: Meyers moved, seconded by Osterholt, to continue the Maple Leaf Acres Public Hearing to the September 6, 1977 Council meeting and that Council members forward their concerns to the City Manager within the next seven days . Motion carried unanimously. B. Sanitar_y Sewer and Watermain Improvements for Edenview I . Kutcher' s Addition and Kurtz Lane, I.C. 51-300 Continued Public Hearing from July 19, 1977. A. City Engineer Jullie outlined the proposed improvement project and his memo dated August 12, 1977 regarding polling of the property owners as requested by the Council at meeting held August 2, 1977. Meyers questioned what the affect would be if only one portion of the project is approved. Jullie explained that slightly higher per unit costs might be experienced because the scope of the project would be less. Chester Wyatt, 6516 Kurtz Lane, questioned if he has two separate parcels, would he have to pay twice. Perbix stated if Mr. Wyatt' s property is platted as two separate parcels, there will be two separate assessments. The following property owners appeared in oppostion to this proposed improvement project: Clifford Thompson, 6559 Kurtz Lane, Lee Sultzman, 15201 Kurtz Lane, Paul Choiniere, 15819 North Eden Drive, James Cardinal , 15701 West 62nd Street, and Earl Drebensted, 15620 South Eden Drive. Tim Pierce, 15909 Townline Road, spoke in favor of the proposed project. The following participated in the discussion but did not state if they were for or against the project: Mrs. Makousky, 6209 Eden Prairie Road, Mrs. Westermann, 6409 Kurtz Lane, Mr. Trocke, 15801 West 62nd Street, - Vic Carlson, 15703 South Eden Drive, and Doug Line, 15808 North Eden Drive. Finance Director Frane and City Engineer Jullie answered questions of Council members and people in attendance. a Council Minutes - 4 - Tues. ,August 16, 1977 B. Sanitary Sewer and Watermain Improvements for Edenview I , Kutcher' s Addition and Kurtz Lane, I .C. 51-300 continued MOTION: Osterholt moved, seconded by' Meyers, to close the Public Hearing and adopt Resolution No. 77-90, ordering preparation of plans and specifications for Sewer and Watermain Improvements for Edenview I. Kutcher' s Addition and Kurtz Lane, direct staff to attempt to combine the project with another project, and at the time bids are considered determine whether to proceed with the project or not. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to instruct staff to consider the interest rate at the time of the assessment roll at 1 1/2% above the net interest rate on these bonds for this project. Motion carried unanimously. C. Vale Woods by Dirlam Properties, request to preliminary plat approximately 50 acres into single family and double lots, rezoning from R1-22 and I-General to R1-13.5 and RH 6.5, and Environmental Worksheet Don Peterson, proponent, outlined the proposal and answered questions of Council members. y Planner Dick Putnam spoke to the action taken at the Planning Commission on July 25, 1977 and to Staff Report dated July 14, 1977. Meyers requested that on the bottom of page 7 of the Environmental Worksheet that "Yes" be checked rather than "No". a MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing a and give a first reading to Ordinance No. 77-30, approving rezoning from R1-22 and I-General to R1-13.5 and RM 6.5 for Vale Woods by Dirlam Properties . Motion carried unanimously. a MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 77-108, approving the preliminary plat of Vale Woods First and Second Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-111, adopting the Environmental Worksheet. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to incorporate into the Rezoning Agreement the recommendations of the Staff Report dated July 14, 1977, Engineer's Report dated August 9, 1977, and Planning Commission meeting held July 25, 1977. Further that the proponent dedicate Lot 16 in the Westgate Addition for road purposes, and that the Environmental Worksheet be submitted to the Watershed District for their approval prior to the 2nd Reading of Ordinance No. 77-30. Motion carried unanimously. D. Amsden Hills 2nd by The Preserve, request to rezone from Rural to R1-13.5 and preliminary plat approval for 33 lots on approximately 15 acres Legal Counsel William Bale and Lee Johnson of The Preserve stated that as the proponents of Amsden Hills they are not in total agreement with the Planning Commission and the Parks, Recreation & Natural Resources Commission as to their recommendation concerning coversion of the park land to road right-of-way. The Preserve is requesting the City to approve the road alignment and petition for release of 9/10s of an acre in Anderson Lakes Parks to be used for street purposes to uniformly conform to Amsden Hills/ Anderson Lakes Parkway. G I I I Council Minutes - 5 - Tues. ,August 16, 1977 D. Amsden Hills 2nd by The Preserve, request to rezone from Rural to R1-13. 5 and preliminary plat approval for 33 lots on approximately 15 acres (continued) Planner Putnam spoke to the Planning' Commission recommendation at meeting held July 25, 1977, and City Manager Ulstad to the motion made at the Parks, Recreation & Natural Resources Commission meeting held August 15, 1977. Meyers questioned what policy the City Engineer would recommend for an improvement to Anderson Lakes Parkway. City Engineer Jullie explained the City would try under the present assessment policy to assess $23.00 a foot. MOTION: Meyers moved, seconded by Pauly, to close the Public Hearing and adopt the 1st Reading of Ordinance No. 77-31, rezoning from Rural to R1-13. 5 for 33 lots on approximately 15 acres for Amsden Hills 2nd by The Preserve. Meyers, Pauly and Penzel voted "aye", Osterholt voted "nay". # Motion failed. a IV. REPORTS OF ADVISORY COMMISSIONS No reports. ' V. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 351, Pools de Apartments, The Preserve, rezoning the 6. 39 acre site to RM 2. 5 and approximatel 1 .6 acres to RM 6. 5 for the construction of 84 apartment units and the maximum of 8 double bungalow units, and rezoning agreement City Manager Ulstad explained that all documents are in order and the landscaping and internal site plan have been approved by the Planning Commission as requested by the Council . Osterholt stated he is not acquainted with the project aS he was not a member of the Council when this proposal was first presented and does not have all the information originally distributed. He further stated he would have to abstain from voting on this proposal because of these reasons. MOTION: Osterholt moved, seconded by Meyers , to continue the 2nd Reading of Ordinance No. 351 to the September 6, 1977 Council meeting. Motion carried unanimously. B. 2nd Reading of Ordinance No. 77-19 Norseman Industrial Park rezoning 16 acres from Rural to -2 Park and Preliminary Plat approval City Attorney Perbix explained that the City Council after adopting a first reading of an ordinance directs the City Attorney to draft a rezoning agreement which sets forth certain requirements, and the Council proposes to do the same thing with Mr. Helle. Gordon Berg, legal counsel for Mr. Helle, spoke in opposition to the requirements the City Council has placed on Mr. Helle' s rezoning stating that he feels it is an improper subdivision exaction asking Mr. Helle to dedicate 40 feet on the westerly portion of his property. MOTION: Osterholt moved, seconded by Pauly, to refer this matter to the City Attorney for a report. Motion carried unanimously. Council Minutes - 6 - Tues. ,August 16, 1977 C. 2nd 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: Osterholt moved, seconded by Meyers, to adopt the 2nd 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. D. Resolution No. 77-107, leasing equipment for Park Development F MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 77-107, leasing equipment for park development. Roll Call Vote: Pauly, Meyers, Osterholt and Penzel voted "aye". Motion carried unanimously. E. Resolution No. 77-110, granting preliminary approval for MIDB Bonds for Covenant Living Centers Finance Director Frane spoke to his memo dated August 11 and Resolution No. 77-110. Russ Heise, Dain, Kalman and Quail , answered questions of Council members. Osterholt requested that information be supplied to the Council as to the operation of Covenant Living Centers. MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-110, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Commissioner of Securities for approval , and authorizing execution of a memorandum of agreement and preparation of necessary documents. Meyers, Pauly and Penzel voted "aye Osterholt voted "nay" . Motion carried. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of 1 member to the Parks , Recreation & Natural Resources Commission for a term to expire February 28, 1980 s Osterholt recommended Dr. George Tangen for appointment to the Parks, Recreation & Natural Resources Commission. MOTION: Pauly moved, seconded by Meyers , to unanimously appoint Df-. George Tangen to the Parks, Recreation & Natural Resources Commission for a term to expire February 28, 1980. Motion carried unanimously. B. Report of City Attorney No report. C. Report of City Manager 1. Recommendation of architect for Fire Department City Manager Ul s tad spoke to memo dated August 12, 1977, recommending Council Minutes - 7 - Tucs. ,August 16, 1977 1. Recommendation of architect for Fire Department (continued) the firm of Di ckey/Kodet/Archi tects/Inc. to do the fire station design. r Public Safety Director Hacking and Fire Chief Mitchell explained that the committee that interviewed the architectural firms for the fire station ' construction project support Mr. Ulstad' s recommendation to hire Di ckey/Kodet/Architects/Inc. MOTION: Meyers moved, seconded by Pauly, to accept the Manager' s recommendation . to hire Dickey/Kodet/Arch itects/Inc. as the architectural firm for the fire station design and authorize the Mayor and City Manager to enter into a contract for same. Preliminary plans to be reviewed by the Council prior x to final plans, specifications, and bid documents. Motion carried unanimously. 2. Set Public Hearing for 9/20/77 on Budget, including use of Federal Revenue__ Sharing Funds MOTION: Osterholt moved, seconded by Pauly, to set September 20, 1977 for the Budget Public Hearing. Motion carried unanimously. 3. Windslope Management Agreement As per CounciI 's direction given at Council meeting held August 2, 1977, Joan Anderson, Resident Manager of the Windslope Project, discussed the forms used by Windslope and answered questions of Council members. MOTION: Meyers moved, seconded by Osterholt, to receive and file the Windslope Management Agreement. Motion carried unanimously. D. Report of Director of Community Services 1. Tree Disease Control Program Continued to the September 6, 1977 Council meeting. E. Report of Cif Engineer 1. Receive Feasibility Report for improvements on Homeward Hills Road, I C. 51-309 MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-103, receiving report and ordering improvements on Homeward Hills Road, I.C. 51-309. Osterholt, Pauly and Penzel voted "aye" , Meyers voted "nay". Motion carried. 2. Final Plat approval for High Point 3rd Addition (Poolside Apartments) Continued to the September 6, 1977 Council meeting. 3. 1st Reading of Ordinance No. 77-32, renaming Garrison Way to Amsden Way - Continued to a future Council agenda. Council !Minutes - 8 - Tues. ,August 16, 1977 4. 1978 Federal Aid Urban Project submittal MOTION: Osterholt .moved, seconded by Meyers, to adopt the Federal Aid Urban Program Submittal of 1978-` O Projects as described in City Engineer Jullie' s memo dated August 12, 1977. Motion carried unanimously. 5. Resolution No. 77-115, declaring costs to be assessed and ordering preparation of 1977 special assessment roll and setting hearing date for September 20, 1977 MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution r No. 77-115, declaringcosts to be assessed and ordering g preparation of ; 1977 special assessment rolls and setting a hearing date for September 20, 1977. Motion carried unanimously. 6. Accept utilities in Lake Eden North II MOTION: Osterholt moved, seconded by Meyers, to accept the utilities in Lake Eden North II. Motion carried unanimously. 7. Final Plat approval for Hipps Mitchell Heights 3rd Addition The proponent Richard Hipps and Doug Goriesky, Engineer for the project, answered questions of Council members. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 77-114, approving the final plat for Hipps Mitchell Heights 3rd Addition, adding the following conditions to the City Engineer's memo dated August 12, 1977: Lots 1 - 16 share common turn-around driveways with only one common entrance per duplex at the right-of'way: Further' 'that the developer commit to dedicating public park land with future platting. Motion carried unanimously. 8. Preliminary Plat approval for Round Lake Estates The proponent, Mr. Eliason, outlined the preliminary plat for Round Lake Estates and answered questions of Council members. City Engineer Jullie recommended the road go through Luther Way and suggested that Council direct staff to prepare a report and meet with the property owners before final plat approval . James Hoag, 7660 Heritage Road, and Jon Westlake, 7710, Heritage Road, spoke to the petition signed by residents pertaining to the ingress and egress to Heritage Park 1st Addition and Round Lake Estates lst Addition. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 77-112, approving the preliminary plat for Round Lake Estates contingent that no final plat shall come before the Council for approval until staff has had a chance to prepare a report and meet with the property owners on Luther Way for a resolution of the 2nd access to the project. Motion carried unanimously. 9. Final Plat approval for Walnut Addition - Dirlam Properties MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 77-116, approving the final plat for Walnut Addition. Motion carried unanimously. t Council Minutes - 9 - Tues. ,August 16, 1977 F. Report of Finance Director 1. 1976 Audit Report Continued to the September 6, 1977 Council meeting. 2. Payment of Claims Nos . 6530 - 6638 MOTION: Osterholt moved, seconded by Pauly, to approve Payment of Claims Nos. 6530 - 6638. Roll Call Vote: Osterholt, Pauly, Meyers and Penzel voted "aye" . Motion carried unanimously. 3. Clerk's License List 4 5 MOTION: Pauly moved, seconded by Meyers, to approve the Clerk's License List dated August 16, 1977. Motion carried unanimously. x VII .NEW BUSINESS ' A. Discussion on memo from Ross Thorfinnson dated August 8, 1977 Council requested that the City be represented at any public hearings , on jets at Flying Cloud Airport to state the Ci ty's position as bei iig opposed to same. k B. Minutes on Golf Vista Discussion centered around the minutes dated June 14, 1977 regarding Golf Vista and statements relating to reasons accounting for action taken on this matter. City Attorney Perbix explained the proper procedure would be for the Council , 'in order to entertain any changes in the minutes dated June 14, 1977, should place this item formally on the Council agenda. C. Setting of a Public Hearing date for Garrison Forest f MOTION: Osterholt moved, seconded by Pauly, to set September 6, 1977 as the Public Hearing date for Garrison Forest. Motion carried unanimously. D. Resolution pertaining to Advanced Mobile Life Support Units I MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 77-117, urging the Hennepin County Board of Commissioners to make arrangements for provision of ambulance services through advanced mobile life support units. Motion carried unanimously. E. Communication from Donald F. Pennie President of the Board of Managers of the Riley Purgatory Watershed District (Dated August 10, 1977) Council requested a recommendation from Staff and asked that this item be placed on the September 6, 1977 Council agenda. V I I I .ADJOURNMENT MOTION: Pauly moved, seconded by Osterholt, to adjourn the Council meeting at 1 : 31 AM. Motion carried unanimously.