City Council - 05/02/1978 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 2, 1978 7:30 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
Ross Thorfinnson; Planner Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; and Joyce
Provo, Recording Secretary
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
e following items were requested to be added to the agenda:
Change date of Council meeting from June 6 to June 7 because of
Eden Pra_i Fie High School Graduation
4L _MOTION: Meyers moved, seconded by Osterholt, to change the
date of the Council meeting from June 6 to June 7, 1978. Motion
carried unanimously.
E. Schedule for seal coating streets (Under ite. , vII. A. of ninutes)
C. Violations of our I-2 Zoning requirements (Under item VII. A. of minutes)
D. Request from Centex Homes (Under VIII . A. of minutes)
.E. Final plat for Timber Lakes Townhouses 1st Addition (Under VIII . B. of minutes)
MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as
amended and corrected. Motion carried unanimously.
II . CONSENT CALENDAR (One motion to approve all items on the Consent Calendar)
A. Set Public Hearing for Tamarac Addition by Edenvale for June 7, 1978
B. Set Public Hearing for Olympic Hills, Outlot B, Ist Addition, for
June 7, 1978
C. Set Public Hearing for Olympic Hills, Fifth Addition, for June 7, 1978
D. 2nd Reading of Ordinance No. 78-16, rezoning approximately 1 . 5 acre site
from Rural to Public located east of future Hennepin Count Library and
north of 5600ner Boulevard
E. Final plat approval for Amsden Hills 11 (Resolution No. 78-83)
F. Final plat approval for Golf Vista Addition (Resolution No. 78-84)
Cc 1 Minutes - 2 - Tues. ,May 2, 1978
II . CONSENT CALENDAR (continued)
G. Final plat approval for The Meadows 2rd Addition Resolution No. 78-85)
H. Designation of new MSA Street Mil ea L1 on portion of Schooner Boulevard
and Dell Road Resolution No. 78-80
I. Set Hearing Date for Vacating Portion of Homeward Hills Road and Riverview
Road in the Bluff's West Plat for June 7, 1978
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J. Clerk's License List
K. moment of Claims Nos. 9410 - 10051
MOTION: Osterholt moved, seconded by Bye, to approve all items listed on the
Consent Calendar. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel
-,ted "aye". Motion carried unanimously.
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-NUTES
A. Minutes of the Regular City Council Meeting held Tuesday, April 4, 1978, page
6 Continued from April 18th Council meeting
MOTION: Osterholt moved, seconded by Bye, to approve the minutes of the
Regular City Council meeting held Tuesday, April 4, 1978, as amended on
April 18. Motion carried unanimously.
B. Minutes of the Special City Council Meeting held Thursday, April 13, 1978.
MOTION: Meyers moved, seconded by Pauly, to approve the minutes of the
Special Council Meeting held Thursday, April 13, 1978, as published.
Motion carried unanimously.
PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from the Flying Cloud Airport Adhoc Advisory Committee to appear
before the Council
Mayor Penzel expressed his apology for any language that members of the
Airport Adhoc Advisory Committee may have found offensive in his letter
to Frank Befera, Chairman of M.A. C. , dated March 13, 1978. Penzel further
stated he did not mean to demean any of the activities of the committee.
Kent Barker,member of the Airport Adhoc Advisory Committee, thanked the
Council for the opportunity to appear before them and explained it is the
problem of communications that concerns the committee. He further stated
the committee is not totally satisfied at what they ultimately arrived at,
but they tried to reach a workable compromise. Mr. Barker spoke to the
continuation of an ongoing Adhoc Committee to continue communications
and assessing airport operations, and reiterated points stressed in his
communication to the Council dated April 2, 1978.
Claude Schmidt, Director of Operations & Environmental Affairs for M.A.C. ,
stated they would like to start from day one, and in that spirit would like
to partake in the committee whether a voting or advisory member. Mr. Schmidt
further noted the committee cannot do much to improve communications if M.A.C.
is not invited.
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A. Request from the Flying Cloud Airport Adhoc Advisory Committee to appear r
before the Council (continued-)-
Tim Pierce, member of the Airport Adhoc Advisory Committee, suggested the
committee should include a staff person from the City and a staff person
from M.A.C.
Sally Brown, member of the Airport Adhoc Advisory Committee, stated that
without representation from M.A.C. she doesn't know what the City can
do. M.A.C. has the authority, not saying they should have voting power, but
they would have the expertise.
Mayor Penzel thanked the members of the Flying Cloud Airport Adhoc Advisory
Committee, and requested that the committee be notified of the action to be
taken by M.A.C. on May 15, 1978,. regarding the Council 's recommendation
of April 18, 1978.
PUBLIC HEARINGS
COR Investments request to preliminary plat and rezone from Rural to RM 6. 5
and Coirmunit—Commercial for approximately 19 acres in the southwest corner
of TH 5 Co. Rd. 4 for 4 commercial lots and 14 duplex lots.
At the March 7, 1978 Council meeting, the proponents asked that their a
request as stated above be continued to the May 2, :978 Council meeting,
and that they be allowed to return to the Planning Commission with a
modified plan. Upon council motion, their request was granted.
City Planner Enger stated the request of the proponents at this time is for
4L1 office site, 48 duplexes, and elimination oT the commercial sites.
The proponents are not requesting an apartment rezoning at this time.
Enger further explained the Planning Commission recommended approval of
the modified plan on 4/24/78 contingent on Staff Reports of January 18
and April 19, 1978.
Director of Community Services Lambert spoke to the recommendations of the
Parks, Recreation & Natural Resources Commission.
Bruce Knutson, Bruce Knutson Architects, spoke to the proposal and answered
questions of Council members.
Al Rubinger, COR Investment, noted that quite awhile ago they contacted
Mr. Moran, who lives in Kansas City, and asked if he wanted to join with
COR. At that time Mr. Moran indicated he would just as soon leave his
property the way it i s.
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and give a lst Reading to Ordinance No. 78-09, rezoning from Rural to RM 6.5
for 48 duplex units, contingent that extension of road to the West be worked
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out with Staff before the 2nd Reading. Motion carried unanimously.
MOTION: Bye moved, seconded by Osterholt, to give a is t Reading to
Ordinance No. 78-10, rezoning from Planned Study to Office District for
1 office lot. Motion carried unanimously.
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C unci I iflinutes - 4 - Tues. ,May 2, 1918
A. CDR Investment (continued)
MOTION: Meyers moved, seconded by Osterhol t, to direct the City Attorney
to draft a rezoning agreement for Office and RM 6. 5, as well as the entire
PUD, incorporating April 18, 1978 Staff Report, April 20, 1978 Staff Supplement,
recommendations of the Parks, Recreation & Natural Resources Commission of
December 5, 1977 on the trail and cash park fee, preliminary plat to show access
to the property to the west, and scenic easements along lakeshore to be
similar with those obtained in the Timber Lakes Estates. Motion carried
unanimously.
Approval of the Preliminary Plat, Resolution No. 78-37, continued to
May 16th Council meeting subject to revision of same.
B. Round Lake Area Truri._ Sewer Watermain and Street Improvements, I. C.
51-315 Continued Public Hearing from April 4, 1978
City Engineer Jullie spoke to memo from RCM Associates, Inc. , dated
May 2, 1978, pertaining to the meeting he held with residents along
Luther Way on April 25, 1978, where possible alternative road systems
in connection with the proposed Round Lake Trunk Sewer and Watermain Project
were discussed.
Anita Stanley, 7685 !`Meadow Lane, asked how many parcels of land will be
connected. Jullie responded approximately 15 to 20 homes would be
added that would have existing Luther Way as their access.
Dave Pavelka, 16725 Luther Way, questioned the procedures set as it
would be asking the City Council to approve utilities running through
the area before going through the process of platting the area and getting
plat approval .
Jullie explained the utilities are essential to the development process
and the City will be expending engineering costs and working with the
developer to come up with the best alignments. At this point the Council
is not committing to anything but the expenditure of funds for the
design process. Jullie further expressed his feeling that it would be
reasonable to assure the developers that the City will be working with
them to provide utilities that they will need to support their improvement.
The specifications will be based on the final platting and will come back
to the Council for final approval
Mrs. Boller, 7690 Heritage Road, questioned how many will be exiting on
to Heritage Road. Jullie responded it would be people from the church
and approximately 30 housing units who would have as their access
points Highway 5, Heritage Road, West 72nd Street, or Valley View Road.
Pauly questioned if 72nd Street is going to be abandoned at some time.
Jullie responded in the affirmative and explained when Valley View
Road is in place we won't have a need for 72nd Street and probably Duck
Lake Road will be teed to go under the underpass. •
Mr. Westlake, 7710 Heritage Road, questioned if it is true with more ingress
and egress you split up the traffic. Jullie responded in the affirmative
and stated you spread out the traffic a little more.
Council Minutes - 5 - Tues. ,May 2, 1978
B. Round Lake Area Trunk Sewer, Watermain and Street Improvements (continued)
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Mr. Pierson, .7760 Meadow Lane, asked if the church does not go through
what might. Jullie responded he'thought it would be a continuation
of the single family homes.
Mr. Westlake further questioned if the Highway Department would allow
egress and ingress. Jul l ie responded he has had a preliminary
indication they would.
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and adopt Resolution No. 78-62, ordering improvements for
I. C. 51-315, Round Lake Area Trunk Sewer, Watermain and Street
Improvements, incorporating Staff recommendations on Alternate 10.
Motion carried unanimously.
Pauly suggested staff review the possible connection of bicycle trail
through the Savaryn Parcel along the road connecting to Valley View
Road and also along T.H. 5 as development plans for the parcel proceed.
C. Raven Ridge by Edenvale to preliminary plat and rezone from Rural
to RM 6. 5 and R1-13.5 for 22 single family and 24 townhouses, OutlotV,_
Edenvale 3rd Addition, directly east of Edenvale Boulevard and West of
of Edenvale 17th
City Planner Enger explained the Planning Commission recommended
approval of this proposal on March 27, 1978 as per Staff Reports
dated March 13 and March 16, 1978. Enger further stated Mr. Peterson
_ is also asking the Council for side yard setback variances which were
not requested at the time this proposal was approved by the Planning
Commi s s i on.
Don Peterson, Edenvale, spoke to his request for a variance
for 1 lot below the 13,500, and side yard setbacks as used in the
rest of Edenvale. If granted this request, the proponent stated he
would also be able to save more trees.
Director of Comnwnity Services Lambert spoke to the recommendations
:)f the Parks, Recreation & Natural Resources Commission on April 10,
1978.
Osterholt questioned if the townhouses are anticipated to be rental
or for sale. Mr. Peterson responded they would be for sale at least
in the $50,000 range, which would be the minimum.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 78-78, approving the Preliminary Plat for Raven
Ridge by Edenvale. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to give a 1st Reading to
Ordinance No. 78-25, rezoning from Rural to RM 6. 5 for 24 townhouses,
and from Rural to RM 6. 5 for 22 single family homes. Motion carried
unanimously.
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Council Minutes - 6 - Tues. ,May 2, 1978
C. Raven Ridge by Edenvale (continued)
MOTION: Meyers moved, seconded by Osterholt, to direct the City
Attorney to draft a rezoning agreement incorporating recommendations
of the Planning Commission, Staff Report dated March 16, 1978,
Engineering Supplementary Report dated March 17, 1978, and
recommendations of the Parks, Recreation & Natural Resources
Commission regarding trail which is to be worked out before the R
2nd Reading of Ordinance No. 78-25. Motion carried unanimously.
D. Street Improvement on Lotus View Drive, I. C. 51-321
Larry Gardner, Bather-Ringrose & Wolsfeld, distributed information
to the Council and persons in the audience interested in the proposal .
Mr. Gardner then spoke to the detailed cost breakdown and answered
questions of Council members.
Mrs . Peter Shea , 6991 192nd Avenue, explained they have been under
the impression the road would be put in and the price would be per
lot rather than frontage.
Mr. Gardner pointed out that the Shea's own property which consists
of two buildable lots.
Mrs. Shea explained they purchased the property as one lot.
City Engineer J�illie stated he would see if something can be worked
out on the assessment to the Shea ' s until property is divided.
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and adopt Resolution No. 78-79, contingent on dedication of
right-of-way for the street improvement. Motion carried unanimously.
E. Street Improvement on Dell Road and Valley View Road through Edengate
and Maple Leaf Acres, T.C. 51-326
City Engineer Jul lie spoke to Resolution Nos. 78-82 and 78-89, memo dated
April 28, 1978, and answered questions of Council members.
Dennis Griswold , representing Jarip Corporation, spoke in opposition to
extending Dell Road through the project at this time as it creates
a financial hardship for Jari p Corporation. Mr. Griswold asked
Council to defer the improvement for at least a year.
Howard Dahlgren, representing Edengate, and Jim Dorsey, legal counsel
for Edengate, spoke in support of the proposed project.
MOTION: Meyers moved, seconded by Osterholt, to close the Public Hearing
and adopt Resolution No. 78-82, ordering improvements on Dell Road,
I . C. 51-326, from the north end of Edengate through the project to
Duck Lake Trail with the western portion of Duck Lake Trail realignment being
part of the project) contingent upon receiving a letter from the Maple Leaf
Acres developer pledging to construct that portion of Dell Road extending
east to Duck Lake Trail realignment this summer as outlined by City Engineer
Jullie, if not this project would encompass all the proposed improvements.
Motion carried unanimously.
Council Minutes - 7 - Tues. ,May 2, 1978
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E. Street Improvements on Dell Road and Valley View Road through
Edengate and Maple Leaf Acres , F. C. 51-326 continued
MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No.
78-89, authorizing the City to proceed with acquiring right-of-way.
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Penzel , to order Staff to
prepare a feasibility report on Dell Road through Hidden Ponds. Motion
carried unanimously.
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VI. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 78-19, rezoning from Rural to R1-22 for
Bryant Lake Estates, Thelma Griffith Haynes Property, 26 dots on
approximately 24 acres and rezoning agreement
MOTION: Osterholt moved, seconded by Meyers, to adopt the 2nd Reading
of Ordinance No. 78-19, rezoning fron Rural to R1-22 for Bryant
Lake Estates, Thelma Griffith Haynes Property, 26 lots on approximately
24 acres . Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning
agreement with the amendment that- the-sitd"distance barrier adjacent
to Lot 9 be removed. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 78-21, rezoning from Rural & Highway
Commercial to I-2 Park for Minnesota Mini-Storage, 2nd Addition,
by Bruce Hubbard and rezoning agreement
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MOTION: Pauly moved, seconded by Osterholt, to adopt the 2nd Reading
of Ordinance No. 78-21 , rezoning from Rural & Highway Commercial to
I-2 Park for Minnesota Mini-Storage, 2nd Addition. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Meyers, to approve the rezoning
agreement with the following amendments: 1) Advertising signs prohibited
other than name of business, and 2) delete 24 foot service road from
Exhibit 8 map. Motion carried unanimously.
C . 2nd Reading of Ordinance No. 78-18, rezoning 16 acres from Rural to R1-13.5
for Amsden Hills III, The Preserve, and rezoning agreement
MOTION: Osterholt moved, seconded by Meyers, to adopt the 2nd Reading of
Ordinance No. 78-18, rezoning 16 acres from Rural to R1-13. 5 for Amsden
Hills III, The Preserve. Motion carried unanimously.
MOTION: Pauly moved, seconded by Meyers, to approve the rezoning agreement
for Amsden Hills III, The Preserve. Motion carried unanimously.
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Council Minutes - 8 - Tues_ ,May 2, 1978
VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointment of a UN Day Chairman for 1978
Mayor Penzel recommended the appointment of Doug Lind as the
UN Day Chairman for 1978.
MOTION: Osterholt moved, seconded by Pauly, to appoint
Doug Lind as the UN Day Chairman for 1978. Motion carried
unanimously.
2. Set date for Special Council Meeting to discuss Guide Plan
Council members set Tuesday, May 9, 1978, 6:00 PM, as the
Special Council Meeting to discuss the Guide Plan.
Additional reports from Council members:
Osterholt requested a Staff report on what provisions we have
for seal coating existing streets in our community, and questioned
if we are abiding with the ordinance on the facade of buildings
and also on outside storage. City Manager Ulstad explained he
would prepare a report on these items to be included in the
"For Your Information" packet to the Council members.
Penzel spoke to the annual meeting of the Association of
Metropolitan Municipalities inviting Council members to
attend, and also if any members are interested in volunteering
for an office in the League of Cities. .
B. Report of City Attorney
City Attorney Ross Thorfinnson reported the City has received
$60,000 on the lawsuit from Rauenhorst, and that the lawsuit
regarding the School District was filed Friday, April 28, 1978.
C. Report of City Manager
City Manager Ulstad spoke to the preliminary draft of the Super Vaiu rezoning
agreement which was sent to the Council , and asked if the Council
had any changes to let him know.
D. Report of Director of Community Services
1. Bid Award for heavy equipment
Director of Community Services Lambert spoke to Staff memo dated
April 28, 1978, and answered questions of Council members.
MOTION: Osterholt moved, seconded by Pauly, to award the bids
for heavy equipment as per Staff memo dated April 28, 19788
subject to approval of designation of a multi-year project for
41 Community Development Funds for Edenvale and The Preserve,
and that the bids from International Harvester were not acceptable
as they did not meet bid requirements and would not guarantee
availability of equipment. Roll Call Vote: Osterholt, Pauly,
Bye, Meyers and Penzel voted "aye". Motion carried unanimously.
Council Minutes - 9 - Tues. ,May 2, 1978
2. Bryant & Riley Lake Users Fee
Director of Community Services Lambert spoke to memo dated
April 28, 1978, and answered 'questions of Council members
Pauly explained that people have called her on the use of
the tennis courts and suggested somebody patrol the tennis
courts or possibly have a sign-up sheet at the concession
stand.
MOTION: Meyers moved, seconded by Osterholt, to approve
the Bryant & Riley Lake Users Fees as per Staff Report dated
April 28, 1978)without increases in daily and seasonal passes
for Bryant and Ri 1 ey Lake. Also extend the hours of operation
at Bryant Lake from 9:00 AM after school closes through Labor
Day, and instruct Staff to secure funds for same. Roll
Call Vote: Meyers, Osterholt, Bye, Pauly and Penzel voted "aye" .
Motion care icd unanimously.
3. Professional Services CSAH for Bikeway County Road 1 to Trunk
Highway 5
Director of Community Services Lambert spoke to memo dated
April 28, 1978, whereby Staff recommended contracting with
Sather-Ringrose-Wol sfeld for a total cost not to exceed
$12,000 for work outlined in memo.
Osterholt questioned if other firms had been contacted to this
work. Lambert replied in the negative.
City Manager Ulstad stated Staff would secure additional pronosals
for the Council to consider.
E. Report of City Engineer '
1. Re lat of Lots 6, 7 & 8, Ga in Forest 2nd Addition (Resolution
No. 78-86) , and setting hea date for vacating drainage and
uti 1 i ty easements Resol uti c io. 78-87
City Engineer Jullie spoke to Resolution Nos. 78-86 and 78-87,
and answered questions of Council members.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 78-86, approving the preliminary plat of Garrison Forest
3rd Addition. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 78-87, setting hearing date for utility and drainage easement
between Lots 7 and 8, Block 2, Garrision Forest 2nd Addition.
Motion carried unanimously.
2. Right-of-Way Purchase for T.H. 169 Ramp CNR Golden Strip Property
City Engineer Jullie spoke to memo dated April 27, 1978, recommending
a purchase r' f right-of-way
u c s � 0 8 f r' w for T.H..H 16 Ramp p e price $ 5,590 or �ght o ay T 9 p
from Condon-Naegel a Realty Company.
Council Minutes - IO - Tues. ,May 2, 1978
2. Right-of-Way Purchase for T.H. 169 Ramp CNR Golden Strip Property
continued
MOTION: Osterholt moved, seconded by Bye, to authorize the
payment of $85,590 to Condon/Naegele Realty for the right-of-way
purchase for T.H. 169 ramp. Roll Call Vote: Osterholt, Bye,
Meyers, Pauly and Penzel voted "aye". Motion carried unanimously.
3. Request for a two-year extension of zoning agreement for
Condon/Naegele Realty
Richard Pepin, legal counsel for Condon/Naegele Realty, spoke
to the request for an extension of the zoning agreement for a
period beyond Schooner Boulevard being a reality.
Meyers suggested the proponents come in with current concept plans
and development plans and have Council review them again to
determine on an extension.
Mr_ Pepin explained there are not any new plans, the PUD concept
plan is the same.
Council requested a report from City Staff by the May 16, 1978
Council meeting.
'1II . NEW BUSINESS
A. Request from Centex Homes
City Manager Ulstad spoke to request from Timothy Eller of'Centex
Homes requesting to appear before the Council . Council agreed
to this request for Mr. Eller to appear before the Council on
May 16, 1978.
B. Final plat for Timber Lakes Townhouses 1st Addition
City Engineer Jullie explained the proponents for Timber Lakes Townhouses
1st Addition have requested final plat approval , and the only question
staff has is the scenic easement along Mitchell Lake. However, staff is
satisfied this will be taken care of in the near future with an easement
document.
Larry Miller, Miller Homes, spoke to their request for final plat
approval of only the Timber Lakes Townhouses lst Addition at this
time. He further explained the easement document is not ready
as of this date.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution
No. 78-90, approving the Final Plat for Timber Lakes Townhouses 1st
Addition contingent on memo from City Engineer Jullie dated 5/2/78
and upon receipt of scenic easement document. Motion carried
unanimously.
IX.ADJOURNMENT
MOTION: Osterholt moved, seconded by Pauly, to adjourn the Council meeting
at 11 :35 PM. Motion carried unanimously.
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