City Council - 04/18/1978 i
APPROVED MINUTES
EDEN PRAIRIE CITY -COUNCIL
IUESDAY, APRIL 18, 1978 7:30 PM, CITY HALL
',QUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
)UNCIL STAFF PRESENT: City Manager Roger U1 stad; City Attorney
Ross Thorfinnson; Planner Chris Enger; ry
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; Finance Director
John Frane, and Joyce Provo, Recording
Secretary
14 VOCATION : Councilman Dave Osterholt
t-EDGE OF ALLEGIANCE
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-')LL CALL : All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Cne following items were requested to be added to the Council agenda :
A. Setting date for next Guide Plan meeting Under item VII. C.
Rauenhorst settlement (.Under item VI I . B. )
Continuing liaison with the Metropolitan Airports Commission (Under item VIII) j
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LOTION: Osterholt moved, seconded by Meyers, to approve the agenda as
mended and published. Motion carried unanimously.
II. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 78-20, rezoning of a 22 foot strip west
of I-5 District from Rural to I-5 Park for Richard Anderson
B. Final plat approval for Basswoods 4th Townhouse Addition (Resolution
No. 78-71
C. Final plat approval for Nestlebrook Addition (Resolution No. 78-72)
D. Final plat approval for Maple Leaf 6th Addition (Resolution No. 78-73)
E. R. L.S. approval for Lots 4 and 5, Block 1 , Highpoint 3rd Addition
F- Clerk's License List
G. Payment of Claims Nos. 9282 - 9409
Council Minutes - 2 - Tues. ,April 18, 1978
II . CONSENT CALENDAR (continued)
H. Request to set a Public Hearing for May 16, 1978 for Bachman-Anderson
Center by Bachman Anderson, Inc. , for rezoning from Rural to Office for
approximately 12 acres located north of Anderson Lakes and South of I-494
MOTION: Bye moved, seconded by Osterholt, to approve all items on the Consent
Calendar. Roll Call Vote: Bye, Osterholt, Meyers, Pauly and Penzel voted
"aye" . Motion carried unanimously.
III. MINUTES
A. Minutes of the Regular City Council Meeting held Tuesday, March 21, 1978
Pg. 9, 9th para. ,lst line, strike "Bob" and insert "Dr. Richard"
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the
Council meeting held Tuesday, March ' 21 , 1978, as amended and published.
Motion carried unanimously.
B. Minutes of the Special City Council Meeting held Thursday, March 30, 1978
MOTION: Osterholt moved, seconded by Meyers , to approve the minutes of the
Special City Council meeting held Thursday, March 30, 1978, as published.
Motion carried unanimously.
C. Minutes of the Regular City Council Meeting held Tuesday, April 4, 1978
Pg. 5, last para. , 1st and 2nd line, strike "scenic easements and will
be"
Pg. 7, 7th para. , 2nd line, strike "on" and insert "to", and in the
3rd line, strike "to buy" and insert "about"
Minutes of the Regular City Council Meeting were laid over until
the May 2nd meeting, as questions occurred regarding the motion on
page 6, last paragraph.
IV. PUBLIC HEARINGS
A. Pheasant Oaks, Burmith, Inc., request for preliminary plat approval and
rezonin2 from Rural to R1-13. 5 for 96 single family detached homes on 55
acres Continued Public Nearing
Director of Community Services Bob Lambert spoke to the recommendation
for approval of the Pheasant Oaks proposal by the Parks, Recreation
& Natural Resources Commission at their special meeting held Monday,
April 10, 1978. Lambert further commented that the Commission on
Monday, April 17, 1978, withdrew any further consideration for a
pedestrian underpass.
MOTION: Osterholt moved, seconded by Bye, that the Public Hearing be closed. Motion carried unanimously.
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution
No. 78-57, approving the preliminary plat for Pheasant Oaks. Motion
carried unanimously.
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Council Minutes - 3 - Tues. ,April 18, 1978
A. Pheasant Oaks (continued)
MOTION: Pauly moved, seconded by Osterholt, to approve the 1st
Reading of Ordinance No. 78-17, rezoning from Rural to R1-13.5
for single family detached homes for Pheasant Oaks, Burmith, Inc.
Motion carried unanimously.
MOTION: Pauly moved, seconded by Bye, to direct the City Attorney
to draft a rezoning agreement incorporating the recommendations
of the Planning Staff Report dated March 3, 1978, recommendations
of the Parks, Recreation & Natural Resources Commission, and the
Engineer's Staff report recommendations dated March 7, 1978.
Motion carried unanimously.
B. Utility and Street Improvements, Norseman Industrial Park 2nd
Addition and Vicinity, I . C. 51-319
City Engineer Jullie outlined the proposal for utility and street
improvements in the Norseman Industrial Park 2nd Addition at a total
estimated cost for the entire project of $283,000. Jullie suggested
a 17-year spread at 8% interest, and explained that if improvements
were ordered in, bids would be taken in June and hopefully work would
be completed by October of this year.
Charles Nixon, legal counsel for Condor, explained that Condor is the
owner of Parcel 1310 and has a problem with the street assessments as
they would receive no benefit.
Jullie state+ there is a road corridor which abutts the Condor property,
and in Condor' s rezoning agreement it was outlined there could be a future
assessment for road purposes along 74th Street frontage. The back area
of the Condor property could use 74th Street for access, so Jullie stated
there is some benefit and it would be unfair only to assess the one side.
George Hoff, legal counsel for Mr. & Mrs. Hell e, spoke in favor of the
proposed improvements and supported Jullie' s comments regarding the Condor
parcel . Hoff also stated it would be inequitable and unfair if Condor
did not carry their share of the assessment.
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MOTION: Osterholt moved, seconded by Meyers , to close the Public Hearing
and adopt Resolution No. 78-70, ordering utility and street improvements
for Norseman Industrial Park 2nd Addition and Vicinity, I. C. 51-319.
Motion carried unanimously.
C. Prairie East 4th, 5th and 6th Additions, request by Hustad Development
for PUD approvals rezoning of approximately 70 acres from Rural to R1-13.5 t
and RM 6.5, preliminary plat approval for approximately 200 units of single
family and guadrami ni ums
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This proposal was discussed along with item D. '
D. Prairie East 7ths 8th and 9th Additions, request by Hustad Development
for rezoning and approximately 50 acres from Rural to RM 6.5 and preliminary
plat approval of approximately 200 units
Items C. & D. were discussed together.
City Manager Ulstad explained that the proponent has requested a joint
hearing for these two proposals.
W uncii milnutes - 4 - Tues. ,April 18, 1978
C. Prairie East 4th, 5th and 6th Additions and D. Prairie East 7th,
8th and 9th Additions continued
Jim Ostenson, Hustad Development Corporation, reviewed the history
of the Prairie East PUD, and introduced Mr. Woodland of Windsor
Corporation, and Rick Sathre, McCombs-Knutson, who appeared before
the Council .
Mr. John Woodland, President of Windsor Corporation, developer in
Prairie East 4th, 7th, 8th and 9th Additions, outlined his proposals
and answered questions of Council members.
City Planner Enger spoke to the actions taken at the four Planning
Commissions meetings where the aforementioned Prairie East Additions
were considered, noting that the open space as proposed is undesirable
for usable open space.
Director of Community Services Lambert explained that the Parks,
Recreation & Natural Resources Commission did recommend approval of
Prairie East 4th, 5th, 6th, 7th, 8th and 9th Additions as outlined
by the developer.
Steve Jacobs, 9645 Squire Lane, 2nd Addition of Windsor, spoke in
opposition to the proposed 7th, 8th and 9th Additions as he is against
multiple dwellings next to single family homes, and also stated the
park system as proposed is not adequate in the 7th Addition.
Ken Franz 9880 Squire Lane, also expressed concerns with the 7th,
8th, and 9th Additions with the traffic, open space, and trailways.
Rod Sundstrom, Chairman of the Planning Commission, spoke to the specifics
discussed at the Planning Commission pertaining to park sites.
MOTION: Osterholt moved, seconded by Meyers, to refer the Prairie 4th,
5th, 6th, 7th, 8th and 9th Additions back to Staff, Planning Commission,
and the Parks , Recreation & Natural Resources Commission for continued
review, and directed Staff to work with the developer regarding concerns
contained in the Staff memos dated March 23, 1978. Public Hearing to be
continued to May 16, 1978. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. ORDINANCES & RESOLUTIONS
A. Resolution No. 78-76granting preliminary approval for Municipal Industrial
Development Bonds in the amount of i,000,000 for Super Valu
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No.
78-76, granting preliminary approval for Municipal Industrial Development
Bonds in the amount of $1 ,000,000 for Super Valu. Motion carried
unanimously.
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Council Minutes - 5 - Tues. ,April 18, 1978
B. Resolution No. 78-69granting preliminary approval for Municipal
Industrial Development Bonds in the amount of $3,200,000 for C.P.T._
IL MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No.
78-69, granting preliminary approval for Municipal Industrial Development
Bonds in the amount of $3,200,000 for C.P.T. Meyers, Osterholt, Pauly and
Penzel voted "aye" , Bye "abstained" . Motion carried.
C. Resolution No.78-50, granting preliminaryapproval for Municipal
Industrial Development Bonds in the amount of 1 ,100,000 for
Barrett Moving & Storage
Meyers questioned why the form had not been complPtely filled out. a
Marvin Ingber, legal counsel for Barrett Moving & Storage, explained
it has now been filled out and is acceptable. Mr. Ingber introduced.
Bob Eidsvold, Chairman of the Board of Barrett Moving & Storage.
MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 78-50,
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granting preliminary approval for Municipal Industrial Development
Bonds in the amount of $1 ,100,000 for Barrett Moving & Storage.
Motion carried unanimously.
D. Resolution No. 78-22, establishing a ,policy for the Cash Park Fee
Director of Community Services Lambert spoke to his memo dated April 14,
1978, deeds received from The Preserve and Edenvale, and the communication
from The Preserve dated April 18, 1978.
4LOsterholt commended Staff for getting a difficult job accomplished.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 78-22, establishing a policy for the Cash Park Fee, deleting
Hidden Ponds from the resolution. Motion carried unanimously.
Resolution No. 78-75, accepting deed by the City of Eden Prairie from
Independent School District No. 272 for Round Lake Park
City Attorney Thorfinnson spoke to his conversation with Peter Popovich,
legal counsel for the School District, and was told an attorney i n Mr". Popovich's
office who drafted the deed as submitted would review the joint powers
agreement and would revise the deed to be consistent with the joint powers
agreement.
Osterholt stated he would feel more comfortable adopting Resolution No.
78-75 after receiving a report from Mr. Thorfinnson.
MOTION : Osterholt moved, seconded by Bye, to instruct the City Attorney
to accept the deed subject to bringing an action for reformation of the
deed to eliminate restrictions on road development, or in the alternative
to require the School District to deliver to the City a deed pursuant
to the 1970 agreement and purchase of property. Motion carried
unanimously.
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Council Minutes - 6 - Tues. ,April 18, 1978
F. Resolution No. 78-77, authorizing the sale of certain property, Lot 17,
Auditor's Subdivision 335, Hennepin County
Me to adopt MOTION: Osterholt moved, seconded �Y Meyers, Resolution Nd.P 78-77, authorizing the sale of certain property, Lot 17 Auditors
Subdivision 335, Hennepin County. Motion carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointment of one member to the South Hennepin Human Services
Council to fill an unexpired term to 1/31/79
Mayor Penzel recommended Doug Meyer to be appointed to the South
Hennepin Human Services Council .
MOTION: Osterholt moved, seconded by Meyers, to appoint Doug Meyer
to the South Hennepin Human Services Council to fill an unexpired
term to 1/31/79. Motion carried unanimously.
B. Report of City Attorney
City Attorney Thorfinnson spoke to the settlement request from Rauenhorst
to pay the amount of the bond plus split the interest that the court
found should be paid in a total amount of $58,000.
MOTION: Bye moved, seconded by Osterholt, to counter-offer in the
amount of $60,000 to Rauenhorst. Motion carried unanimously.
C. Report of City Manager
City Manager Ul stad requested Council to set a date for consideration
of the Guide Plan.
MOTION: Osterholt moved, seconded by Pauly, to set Thursday, April 27,
1978, 5:00 PM at the City Hall , for consideration of the Guide Plan.
Motion carried unanimously.
D. Report of Director of Community Services
1. Tennis Courts at Flying Cloud Airport
Director of Community Services Lambert spoke to memo dated March 31, 1973,
and answered questions of Council members.
MOTION: Meyers moved, seconded by Osterholt, to work out a long-term
lease with the Metropolitan Airports Commission with pro-rata payback
for tennis courts at Flying Cloud Airport as per memo dated March 31 ,
1978. Motion carried unanimously.
2. Joint Use Agreement on Tennis Courts with School District .
. MOTION: Osterholt moved, seconded by Bye, to continue the item on the
Joint Use Agreement on Tennis Courts with School District. Motion
carried unanimously.
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Council Minutes - 7 - Tues. ,April 18. 1978
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3. Arbor Month Celebration
Director of Community Services Lambert spoke to memo dated
March 31, 1978, and answered q`uettions of Council members.
MOTION: Osterholt moved, seconded by Meyers, to designate the
"Sugar Maple" as the official tree for Eden Prairie, and that
Arbor Month be celebrated in a fashion as outlined in memo
dated March 31, 1978 from Stuart A. Fox, City Forester. Motion
carried unanimously.
E. Report of Finance Director
1. Final figures and costs incurred for bond refunding
Finance Director Frane answered questions pertaining to his memo
dated April 14, 1978,
VIII . NEW BUSINESS
4 Mayor Penzel spoke to communication from Executive Director Glumack of
M.A.C. in response to our letter to Chairman Befera. Penzel recommended
to propose to M.A.C. the establishment of a City Advisory Committee.
The committee would be responsible for airport matters and to the City
Council and M.A.C. The committee as proposed would consist of seven
members to be appointed by the City Council: 3 airport businessmen,
3 citizens, and a chairman. Staff would be supplied comparable to other
ity commissions. All Council members concurred with this recommendation.
3nzel requested staff to draft a letter to Mr. Glumack advising him of the
�---.^.cil ' s action.
7JOURNMENT
MOTION: Pauly moved, seconded by Bye, to adjourn the Council meeting at
11:22 PM. Motion carried unanimously.
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