City Council - 05/16/1978 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
�i. TUESDAY, MAY 16, 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; Planner Chris Enger,
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda:
A. Resolution on CETA application
B. Motion to advertise for bids
C. Discussion on use of chipper
MOTION: Meyers moved, seconded by Os terholt, to approve the agenda as
amended and corrected. Motion carried unanimously.
II . CONSENT CALENDAR
A. Set Public Hearing for June 7, 1978 for Amsden Hills IV, rezoning
from Rural to RM 6.5 for 11 duplexes
B. Set Public Hearing for June 7, 1978 for Darkenwald Duplexes,
rezoning from Rural to R1-13.5 for 2 existing single family homes
and rezoning from Rural to RM 6. 5 for 48 duplex lots, and
preliminary plat approval
- C. Set Public Hearing for June 7, 1978 for vacation of Amsden Road
west from Anderson Lakes Parkway to west line of Amsden Hills
IV Addition
D. Final plat approval for Edenvale 14th Addition (Resolution No.
78-93
E. Preliminany and Final Plat approval for Edenvale 5th Addition
Resolution No. 8-94
F. Clerk's License List
' i
-luncil Minutes - 2 - Tues. ,May 16, 1978
II. CONSENT CALENDAR (.continued)
G. Payment of Claims Nos. 10052 - 10186
City Manager Ulstad requested that 'ifem A. on the Consent Calendar be
removed as the proponents will not be ready by June 7th for their Public
Hearing.
MOTION: Pauly moved, seconded by Osterholt, to approve items B - G
on the Consent Calendar, thus deleting item A. Roll Call Vote:
Pauly, Osterholt, Bye, Meyers and Penzel voted "aye". Motion carried
unanimously.
II. MINUTES
A. Minutes of the Regular City Council Meeting held Tuesday, April 18,
1978
Pg. 5, 8th para. , 2nd line, strike "Popovich" and insert "Thorfinnson".
MOTION: Osterholt moved, seconded by Meyers, to approve the minutes-
of the Regular City Council Meeting held Tuesday, April 18, 1978,
as amended and published. Motion carried unanimously.
B. Minutes of the Special City Council Meeting held Thursday, April 27,
1978
MOTION: Meyers moved, seconded by Pauly, to approve the minutes
r of the Special City Council Meeting held Thursday, April 27, 1978,
as published. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Hillsborough and Hillsborough Second, The Preserve, rezoning from
Rural to R1-13. 5, and preliminary plat approval of 80 acres into 149
lots
City Manager Uistad explained this is a continued Public Hearing
from April 4, 1978, at which time the Council referred this proposal
back to the Planning Commission, Parks, Recreation & Natural Resources
Commission, and Staff,, and the proposal presented to the Council this
evening is a modification of the- proposal which the commissions
originally considered.
Don Hess, representing The Preserve, reviewed the revised plat as
approved by the Planning Commission on April 24, 1978, reducing
Hillsborough Second from 115 lots to 112 lots.
City Planner Enger spoke to the Planning Commission meetings held
February 13, March 13, and specifically to the meeting held
April 24, 1978,where the revised plat was approved.
Director of Community Services Lambert reviewed the Parks, Recreation
& Natural Resources Commission meeting held Monday, May 15, 1978, whereby
approval was recommended for Hillsborough First and Hillsborough Second, i
contingent on protective covenants being worked out regarding lots
being platted into the conservancy zone. Mr. Hess stated the proponents
r;
,rici l Minutes i ues. ,►•'gay Ib, i 9/8
A. Hillsborough and Hillsborough Second (continued)
agree with the recommendation of the Parks, Recreation & Natural
Resources Commission and are willing to work out an agreement with I
the City pertaining to same.
Pauly asked if Staff has been in touch with Mr. Jedlicka. City Planner
Enger responded Mr. Jedlicka has not been contacted, but he'will be
served with access to his property. Pauly requested Mr. Jedlicka be
contacted before final plat approval .
MOTION: Bye moved, seconded by Meyers,to close the Public Hearing
and approve the 1st Reading of Ordinance No. 78-15, rezoning from Rural
to R1-13. 5 for Hillsborough and Hillsborough Second. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No.
78-53, approving the revised preliminary plats for Hillsborough and
Hillsborough Second. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 78-59,
granting PUD approval for Hillsborough Second. Motion carried
unanimously.
P
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Bye encouraged any proponents to come up with the best possible
proposal initially, will not be necessary for the proponents
to go back through the various boards and commissions with a revised
plan.
4L MOTION: Meyers moved, seconded by Osterholt, to direct the City
Attorney to draft a PUD developers agreement and rezoning agreement.
incorporating recommendations of the March 2nd and April 19th Staff a
Reports, the April 24th Planning Commission recommendations, and the
May 15th Parks, Recreation & Natural Resources Commission recommendations,
adding that the land in the conservancy zone within the lots in
Hillsborough lst Addition be dedicated in scenic easement to the City.
Motion carried unanimously. i.
B. Prairie East 4th, 5th & 6th, request bar Hustad Development Corporation
for PUD approval , rezoning from Rural tD RM 6.5 and R1-13.5 and
preliminary plat approval (Continued Public Hearing from 4/18/78)
Discussed with item C.
C. Prairie East 7th, 8th and 9th, request by Hustad Development Corporation
for reaffirmation of PUD multiple conce t rezoning from Rural to
RM 6. 5, and preliminary plat approval (Continued Public Hearing from 4/18/78 9
Both items B. & C. were discussed at same time.
Jim Ostenson, Hustad Development Corporation, explained that since the
April 18th Council meeting the proponents have gone back through the
Parks, Recreation & Natural Resources Commission and the Planning '
Commission and have. 1) increased the park area from 5.1 acres to 8.3 acres,
2) taken out 3 quad buildings,_ 3)_ remoyed. 4 single family lots, 4) agreed
to ' the right-of-wayfrom Franlo Road to be 50 feet together with the
sidewaiKs, 5) agreed the park to the north to be private, and 6) have gone
from 56 units to 52 units in the 7th Addition.
.ricil Minutes _ a _ Tues. ,May 16, 1978
Prairie East 4th , 5th, 6th, 7th, 8th and 9th (continued)
City Planner Enger stated the Prairie East 4th, 5th, 6th, 7th,
8th and 9th Additions were considered at the February 27, March 13,
March 27, April 10 and May 8th Plahning Commission meetings, and at
the April 3rd and March lst Parks, Recreation & Natural Resources
Commission meetings. One of the main items of concern was the provision
of open space and in what way it would be provided.
Director of Community Services Lambert spoke to the recommendations
of the Parks, Recreation & Natural Resources Commission and reiterated
the Commission's concern about getting a south neighborhood park site
tied down.
Meyers suggested it might be well that we require, along with the
grading and seeding, the installation of some tot lot play structure.
Bye expressed concern as to how the price would be determined on the
park site to the south. Lambert responded an appraisal would be made
and that would be the price the City would offer. Z
1
Bye further stated we have seen when a zoning situation occurs the land
value immediately goes up, then the governmental entity comes in and buys
the same piece of property back at an increase. Bye suggested maybe the
park should come first.
Osterholt expressed his misgivings on locating the park in the
southerly area as he thought it should be in the vicinity of County
Road 1 .
Penzel asked the proponents if they would be willing to commit to
$7,500 per acre price. Ostenson replied the appraisals referred to
were taken about a year ago, however, it may be in the $8,500 to
$9,000 per acre range.
Pauly questioned if the reason for selecting the south location was
because it would be cheaper. Ostenson replied it would be cheaper as
there are no assessments on the property.
Ken Franz, 9880 Squire Lane, expressed concerns, i .e. , park space always
has water around it which is unfortunte, difficult to get to tot lot
without driving and, if it is necessary to drive, there should be provisions
for parking, took consensus of people in the 2nd Addition and when they
bought it was their understanding it would be left natural , and felt
City should acquire and leave in natural state to reduce maintenance
factor.
Denny Moore, 10081 Laurel Drive, stated in speaking with neighbors
in the 1st Addition regarding the park in the 7th Addition, they are
concerned about the park being public land as opposed to private. They
don' t know who the private is and are interested primarily in the land
being public land. Would be interested in the land being developed into
a park, a mini-park, or something; however in public ownership. -
Susan Short, 10101 Laurel Drive, agreed with Mr. Moore, if the City does
not want to develop the land in the 7th Addition she does not mind if it were
left in the natural state. If it belongs to the townhouse people, her
children would not be able to play there anyway.
..,cil Minutes - 5 - Tues_ ,May 16, 1978
Prairie East 4th , 5th, 6th2 7th, 8th and 9th (continued)
f Frank Thomas, 9785 Garrison, stated his main concern is preserving
1 as much of the wooded area as posstible for privacy reasons.
Ostenson responded the developers would be retaining the small
trees, the large trees are elm and will be taken down, and
there are some large oak which they will try to save.
Meyers questioned who would be responsible for the northern open space
area adjacent to the 7th Addition. Ostenson responded it would be
the responsibility of the homeowners association in the townhouse
project in the 7th Addition and in the 8th and 9th Additions also.
Meyers asked where the 8th and 9th Additions would go for
recreational facilities. Mr. Woodland, Windsor Corporation, replied
to the recreational facilities in the southern part.
Meyers questioned if there were going to be some improvements made
in the storm water ponding. Rick Sathre, McCombs-Knutson, explained
they plan to install a culvert at the end of the private or public
open area. The purpose would be to level off the flow.
Osterholt asked if there would be a possibility of Prairie East 7th
Addition being developed with sinE1e family homes since they will be
backed up to single family homes. Enger responded this would be a
possibility.
Bye asked if a total has been derived on these properties as to cash
park fee. Lambert responded in excess of $400,000.00.
Osterholt requested Staff to come with a recommendation for the best
place for the school/park site.
Penzel questioned where the most useful park site would be. Lambert
responded in the northeast corner. There is only 17 acres, but the
school/park site would fit in.
Motions for Prairie East 4th, 5th & 6th
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 78-92, approving the PUD concept with the
clear understanding that the Staff and developer will enter into
negotiations to alleviate some of the concerns, i .e. , pin down where
the park is going to be and the cost. Bye, Pauly, Meyers and Penzel
voted "aye" , Osterholt voted "nay". Motion carried.
MOTION: Bye moved, seconded by Pauly, to approve the 1st Reading
of Ordinance No. 78-22, rezoning from. Rural to R1-13.5 and RM 6.5
for Prairie East 4th, 5th and 6th. Bye, Pauly, Meyers and Penzel
voted "aye", Osterholt voted "nay". Motion carried.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-65,
approving the preliminary plats for Prairie East 4th, 5th and 6th,
with a revision that an access be provided to the 5th Addition to the
property to the east. Bye, Meyers and Pauly voted "aye" , Osterholt and
Penzel voted "nay". Motion carried.
i ,cil Minutes - 6 - Tues. ,May 16, iij-8
Motions for Prairie East 4th, 5th and 6th (continued)
MOTION: Meyers .moved, seconded by Bye, to direct the City Attorney
to draft a rezoning agreement for Prairie East 4th, 5th and 6th,
including recommendations of the Planning Staff report dated March 23,
Engineer's memo dated March 23, Parks, Recreation & Natural Resources
Staff Report of April 28, as well as May 4 Planning Staff supplement
report, actions of May 8th Planning Commission meeting, and provision
on the 8 acre park site for the tot lot play facility and ballfield
facility including backstop. Motion carried unanimously.
Motions for Prairie East 7th, 8th and 9th
Osterholt felt the distance suggested from the single family lot lines
in the 7th is not far enough. Would like to take action only on the
8th and 9th at this time and continue the 7th until there are some
alternate plans on the 7th.
MOTION: Meyers moved, seconded by Bye, to close the Public Nearing on
Prairie East 8th and 9th and give a lst Reading to Ordinance No. 78-23,
rezoning Prairie East 8th and 9th from Rural to RM 6. 5, and continue
the Public Hearing on the 7th to June 7, 1978. Motion carried
unanimously.
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-66,
approving the preliminary plats for Prairie East 8th and 9th, deleting
the 7th at this time. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to direct the City Attorney
to draft a rezoning agreement for the 8th and 9th Additions., including
recommendations of the Planning Staff Report dated March 23,
Parks, Recreation & Natural Resources Staff Report dated April 28,
Staff Report of May 11 , recommendations of the May 4th Planning Staff
Report, including provision of at least one outdoor recreational
facility of either a children's play structure or playground equipment
in each of the 8th and 9th Additions away from the water, and noise
abatement along County Road 18. Motion carried unanimously.
D. Bachman-Anderson Center, request by Bachman-Anderson, Inc. , for rezoning
from Rural to Office for approximately 12 acres located north of
Anderson Lakes and South of I-494
Dan Militzer, Officer with Bachman-Anderson, explained their company
is a professional service type company and that the building as proposed
would be a credit to Eden Prairie as it will be a luxury building.
Larry Cramer,developer representing Bachman-Anderson, explained the process
they have followed, i .e. , through the Planning Commission, Parks, Recreation
& Natural Resources Commission, and the Nine Mile Creek Watershed District,
and have worked closely with Eden Prairie staff. Mr. Cramer further
stated the proponents have altered the grading plan extensively, the drainage
plan is sensitive to the lake, and they have responded to the neighbors
to the east pertaining to changing the plans to soften the building.
Doug Baird, Architect for Bachman-Anderson, showed slides of the existing
land and referred to model depicting the building and its placement on
the site.
jricil Minutes - 7 - Tues. ,May 16, 1978
D. Bachman-Anderson Center (continued)
City Planner Enger reviewed the Planning Commission meetings of
March 27 and April 10, the Parks, Recreation & Natural Resources
Commission meetings of April 6 and April 17, and approval given by
the Watershed District on April 19 for preliminary grading. Enger
also referred to the Staff Report dated April 6 that the commissions
addressed and make their approvals contingent upon.
Director of Community Services Lambert spoke to the recommendation
for approval at the Parks, Recreation & Natural Resources Commission
on April 17 with the 10 conditions listed in the Planning Staff
Report dated April 6, 1978.
Enger reiterated one of the concerns is the impact of traffic on W. 78th
Street, explaining that we have received a preliminary copy of a design
that does incorporate merging of W. 78th Street from I-494 to the existing
interchange area. The District 5 office of the Minnesota Highway
Department is very acceptable to include the merging lane as part of
the interchange upgrading but they have yet to have it approved by the
Central office. Enger further explained an Environmental Assessment
Worksheet is not required on this site.
Meyers asked if construction were started on the building this summer,
when would the project be completed. Mr. Baird responded Spring of
1979.
Philip Getts, attorney representing the Anderson Lakes Property Owners
Association, spoke to concerns of the property owners, i .e. , long term
development along Anderson Lakes has not been addressed at all , requested
Council to ask that an Environmental Assessment Worksheet on development
along north shore be prepared and then to make a decision as to if
an Environmental Impact Statement is necessary, large amount of wildlife
habitat will be disturbed, visual impact of the building on the lake,
should not approve until Watershed District has a complete drainage
plan and assurance from the Watershed District on enforcement of the plan
once a permit has been issued, request the Council to instruct staff to
prepare a development agreement to be submitted to the property owners
for review and suggestions from the property owners, then back to the
Council for review before action is taken on the rezoning request from
Bachman-Anderson.
Bud Belk, 8116 Ensign Road, referred to the Ancor development to the
east in Bloomington, and how residents were concerned about the aesthetics
and these . concerns were worked out with the developer. Thus far the
residents have not received this type of cooperation from Bachman-Anderson.
Frank Hartmann, 8216 Ensig►) Road, President of the Anderson Lakes
Homeowners Association, submitted a petition (attached as part of minutes)
requesting an environmental impact statement. Mr. Hartmann further stated
the property owners are not against an office building, but are against
such a big one. Would prefer a two story building rather than a 4 story
one.
Lyman Olson, 8016 Ensign Road, spoke in opposition to a four story building
and asked that the ridge be left as a buffer zone. Mr. Olson expressed his i
concern about the parking area and requested that all parking be underground.
„ cil Minutes - 8 - Tues. ,May 16, 1978
D. Bachman-Anderson Center (continued)
Don Opheim, 13731 Theresa Place, stated he was impressed with the
project as planned and the work that has been done by the developer
and City staff. He feels it is an.'extremely good use of the site.
Jan Hubred, 8056 Ensign Road, asked that the developer put the building
on the other s i de of the hi 11 . She was assured by a real for when
they bought their home this type of development could never happen.
Geneva Middleton, 9411 Timber Trail , board member of the Anderson Lakes
Property Owners Association, expressed her concerns, i .e. , Gelco cannot
be seen visually, however, this proposal sits on the major part of
the lake, oaks will die with construction close to them, it is very
close to the residential area, asking for an Environmental Impact
Statement so that as things come in they don't have to be dealt with
one at a time, and requested that the rezoning be laid over until an
Environmental Impact Statement is completed
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and give a lst Reading to Ordinance No. 78-26, rezoning from Rural to
Office for approximately 12 acres located north of Anderson Lakes and South
of I-494 for Bachman-Anderson Center. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye, to direct the City Attorney
to draft a rezoning agreement including items 1 - 10 on page 7 of the
April 6th Staff Report, adding to 10 the Parks, Recreation & Natural
Resources Commission recommendation about security lighting, and adding
a new item 11 that the colors of the building and parking ramp be comparable
with surrounding area. Further that the proponent, through the City Staff,
work with the surrounding neighbors regarding review of the landscaping
plans and drainage plans. City Engineer Jullie was requested to obtain
a response to the traffic situation prior to the 2nd Reading of Ordinance
No. 78-26. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting
past the 11 :30 PM scheduled adjournment time. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Dr. Lund for an interim Office Use Permit Agreement for
a single family residence at 7928 Eden Road
MOTION: , Osterholt moved, seconded by Bye, to approve the request of.Dr.
^L'und” for an interim Office Use Permit Agreement for his single family
residence at 7928 Eden Road for a 5 year period. Motion carried unanimously.
B. Request from Timothy Eller, Assistant Vice President of Centex Homes,
to appear before the Council
Due to the lateness of the hour, and the fact that Mr. Eller would like
to make a 30 - 45 minute presentation, Mayor Penzel asked if Mr. Eller #
would be willing to appear before the Council at the next scheduled
Guide Plan meeting. Mr. Eller replied he would be happy to do so.
,ncil Minutes - 9 - Tues. ,May 16, 1918
VII . ORDINANCES & RESOLUTIONS
A. Resolution No. 78-90, PERA for CETA employees
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution
No. 78-90, approving PERA for CETA employees. Motion carried
unanimously.
B. Resolution No. 78-37, approving preliminary plat for COR Investment s
City Planner Enger explained he has been working with the proponents
and they are agreeable to the scenic easement.
Steve Young, representing Knutson Architects, described the revised
plat dated May 16, 1978 showing the scenic easement.
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 78-37,
approving the preliminary plat for COR Investment dated May 16, 1978.
Motion carried unanimously.
C. 2nd Reading of Ordinance No. 78-25, rezoning from Rural to RM 6.5
and R1-13.5 for Raven Ridge by Edenvale and rezoning a9reement
MOTION: Osterholt moved, seconded by Pauly, to adopt the 2nd
Reading of Ordinance No. 78-2 5, rezoning from Rural to RM 6.5 and R1-13. 5
for Raven Ridge by Edenvale. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to approve the rezoning
agreement for Raven Ridge by Edenvale. Motion carried unanimously.
D. Resolution No. 78-96, acquisition of utility easement across Lot 4,
Block 1 , Edenview Addition, I . C. 51-300
City Engineer Jullie explained he has been meeting with Mr. Seaman
and he has not been able to come to reasonable terms with Mr. Seaman.
Jullie requested the Council to start eminent domain proceedings and
direct staff to try and work out a satisfactory agreement if possible.
Council so directed.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution
No. 78-96, for acquisition of Utility Easement, I . C. 51-300. Motion
carried unanimously.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Mayor Penzel referred to invitation from the Minnesota Department
of Public Safety for the Council to attend a seminar on hazardous
materials safety at the Minnesota Department of Transportation
Training Center in Arden Hills for June 13 and June 14.
.,,...
unci l Minutes 10 - Tues. ,May 16, 1978
B. Report of City Manager
1. Report on -rezoning agreement for Condon/Naegele Realty
City Manager Ulstad referred to opinion from City Attorney
Thorfinnson and answered questions of Council members.
Bye questioned if his interpretation of Mr. Thorfinnson's
opinion was correct that the proponents could continue
with the existing zoning agreement unless there are changes
in the developmental plan for this area. Mr. Ulstad replied
that Bye's interpretation was correct.
No action .necessary.
2. Rescheduling of July 4 1973 Council meeting
MOTION: Bye moved, seconded by Osterholt, to reschedule the
Council meeting of July 4, 1978 to July 5, 1978. Motion
carried unanimously.
3. Set date for next Guide Plan meeting c
MOTION: Osterholt moved, seconded by Bye, to set Tuesday,
i
May 23, 1978, 7:30 PM at the Eden Prairie City Hall , for
the next Guide Plan meeting. Motion carried unanimously.
4. Appointment of City Attorney
Councilwoman Pauly excused herself from the Council meeting
during this item of business.
Mayor Penzel spoke to the process undertaken to appoint a
City Attorney for Eden Prairie, and referred to letter
from Councilwoman Pauly. (Letter from Councilwoman Pauly
attached as part of minutes) .
City Manager Ulstad recommended the appointment of the
Lang & Pauly law firm as City Attorney for Eden Prairie. Further
Ulstad requested the Council to direct him to ask an opinion
from the Attorney General that the engagement of a legal
firm, of which one of its principals is the spouse of a member
of the City Council , and the designation of such principal as
City Attorney would not be invalid under or in violation of
M. S. 412.311 or 471 .87.
MOTION: Bye moved, seconded by Meyers, to appoint the firm
of Lang & Pauly as City Attorney for the City of Eden Prairie, !. and that,the the City Manager seek a legal opinion from the Attorney
General . Motion carried unanimously.
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,. juncil Minutes - 11 - Tues . ,May 16, 1978
Councilwoman Pauly returned to the Council meeting.
5. Request from League of Minnesota Cities
MOTION: Osterholt moved, seconded by Meyers , to pledge $100. 00
to the League of Minnesota Cities to investigate alternative
insurance possibilities: Roll Call Vote: Osterholt, Meyers,
Bye, Pauly and Penzel voted "aye" . Motion carried unanimously.
i
6. Receive and award bids for two satellite stations and an p
addition to the main facility for the Fire Department
Mr. Kodet, Dickey/Kodet,Architects/Incorporated, spoke to
bids received and answered questions of Council members.
MOTION: Osterholt moved, seconded by Bye, to award the
bid to the lowest responsible bidder, C. 0. Field Company,
in the amount of $529,900. 00, and Alternate A-1 in the amount
of $17,600.00, as per communication from Dickey/Kodet/Architects/
Incorporated dated May 11 , 1978. Color other than white to be
used, and that Council be advised of what the color will be..
Roll Call Vote: Osterholt, Bye, Meyers, Pauly and Penzel
voted "aye" . Motion carried unanimously.
7. Definition of Section 2, Subd. 2.7 of Ordinance No. 135,
Special Requirements pertaining to Design
Continued to June 7, 1978 Council meeting.
C. Report of City Engineer
1. Receive feasibility report for extension of sanitary sewer
on Eden Road - AMOCO site, I . C. 51-320
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 78-95, receiving feasibility report and calling for a
hearing for June 7, 1978. Motion carried unanimously.
2. Discussion of transportation projects and priorities
City Engineer Jullie spoke to memo dated May 16, 1978 regarding
transportation projects.
City Manager Ulstad recommended approval of the projects and
priorities as submitted by City Engineer Jullie, recognizing
from time to time priority lists can be changed.
Osterholt suggested this proposal should be brought to the attention
of the public, i .e. , 5 or 10 minute presentations, a press conference,
and through commissions.
MOTION: Pauly moved, seconded by Bye, to* approve the priority list
for transportation projects as per memo dated May 16, 1978,with the
following revisions : 1) add Hidden Ponds 2nd Addition to item 6,
2) reverse 13 and 14, and 4) delete 18. Further that the City Manager
pursue alternative financial methods. Motion carried unanimously.
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.,+ci 1 Minutes - 12 - Tues. ,Kay 16, i S
F
IX. NEW BUSINESS
A. Resolution on CETA application
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No.
78-97, regarding Title VI CETA Application. Motion carried
unanimously.
B. Motion to advertise for bids
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No.
78-98, approving Plans and Specifications and ordering advertisement
for bids (I. C. 51-319) for utility and street improvements in
Norseman Industrial Park 2nd Addition. Motion carried unanimously.
C. Discussion of use of chimer
i
General discussion took place regarding the use of the chipper.
X. ADJOURNMENT
MOTION: Osterholt moved, seconded by Meyers, to adjourn the Council meeting
at 12:45 AM. Motion carried unanimously.
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TO
! Nay 4 , 197"
PM'ITION TO CITY OF EDEN PRAIRIE CC)NCERNS:NG:
BACHMAN - ANDEJZSON DEVELOPMENT
WC- 7 th,� uncac z a �" ; c.ned request
, ruest that an envirorrner-J-..1 impZ ct
statement b,2 recui r,_>d by t}j(- City ref Eden P-a it le with respF ct to
the development plans for. the 1-3achman-Ander son property.
Recently disclosed plans call for a 4-5 story office building
along with a 500 car parking lot r_•equiring substantial grading.
As property owners and rt-.si.dents near this site, we feel this
development as currQrntly p.l:aznnud will adversely affect residential
property values , traffic flow and the overall quality of life in
an area where the original natural envi-ronmental quality should be
maintained. An environmental impact statement will serve to safe-
guard our rightful interests .
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May 1,978
P 0'2 1 T I C)I j T 0 C'I T Y 0 T I-,4DE PqI PRAIRIE COINICERN11,11G:
E'%ACHMAN - ANDLERSONT DE'VELOPMEDTr
W(� , tI-.,c2 under,--I-Lyric-:d , that ar, env-'I. ronviental imp,,,act-
st.-ar-e.ment-- h)e by tl-)c Citv c)4-- Eden with re._ pcct t c�
th(,:- dc--,velor3ment -I, Ln�7, 0
kc--- ently clisclo-e-d pl, riz; c---a.11 4-7) tery of fJc(- 1-ju-' ding
1 o n(j w j.t h , 500 c:-i c TD iri k nc, 1 c) u J Jnj
-,3-uh,.-It -ant ial CAI -d nci
As property owners •-md near th-'L.- site , we feel this
dt---v'Dlcprnent current-ly pl.inj_(---d will affect rez-:71dont-i ;al
-,(a the ov(:Iir,i-11- c-lual:tty of Iif`e in
an where- tY.o oriq-ln l n;�t t-z- .,.1 ,rivircnmerital c--.uz-il-Ltv should be
maintained. An environmont,-I 1, rrtp,ac-t st--itc:,m.(%nt- wJ-1-1 serve tc) --afe- -
guard our rJLgh-II---.1--uI
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1 May, 19 78
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PEr:i,rl(-)N TO C__fTY OF EIj'E,T,,i PPAIRTE CC)II*"CFRNJJjG :
BAC-HPLI-,1 - PIJDLI-I':SON DEVELOPM MIT T'
.in env n'c rime-nr_'71 1. _'Lm"�)act
We ,
st,-.iternent by tI.f C'-I,t-y o f Ern PrIrio with ri- t t the rdevelopment plans for the
Recently djscic-)_-r�d plans call for a 4-5 story office building
alonq with a SOO car pai-king lot requiring substantial grading.
As property owners -,:.,.rid residents n(-,.-Ar this site , we feel. this
development cur-j;ently plannc�d will a4dvers-r-,ly affect residential
property -values , traffic flow and th(-, rover'-Zall quality of life in
an area whece the original natural environmental quality should be
rr,a in r-a i n e d . An envd.ronmr-,nit�ii imp._�ct statement aill serve to safe-
guard our rightful interests .
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May 4 , 1978
PE-DIT1();,11 TO CITY OF' EDLEN PRAIRIE CONCERTTINC :
ANTDERSOINI DEVf-,L0PMH-; N,-r
We , the 1--hat an (-i-nvi.ronmental, imr-)act
statement be
j--y thc CjLy -)f E;,Je-n with respect to
the developmen!- T.:,,1:;nS for the ,.-,roperty.
Recently ::all 4-5 -tort' office buildinq,
r:loncj w7th a 50(--"; c"AIC --arking lot requiring sub:31- antial grading.
As Proport ,- owners ---.ind residc--nts near this site , we feel this
deve---lopment, as cuci�-ently planned will adversely affect recidential
property Values , tra-f-fic flow and the overal-I quality f 1 iii e in
an zarea whore t-hi-, orig.inal, n�.Lt--,-iral environmentFal quality should be
maintained. An env-ironmentail impact staterne-nt w-J.11 serve to safe-
gua.rd our rightful interests .
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e May 4? , 1972
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PETITION TO v ' DEN PRAIRIEC'ONCERNING :
DAC'HIM •.N - ANDERSON DEVELGPME^TP
We the unc c r ; I.qm e d 9 CeC,aC-. t I--I Irl <_,rrv.i r:onmental impact
st at._;nc,nt be rt ; �:i r�: 1 Y1✓ tY1F C:i :,y Uf Ed' Pz�a i r: ; .- witY^. r.r s- ct to
the deve- opment p l _tfi -foj- t-iic hm,i in-Ari,jC_'l:Lion P.- operty.
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Recently c,-1_t I for Ii 4 story off-cc� building
i".lorig wit!, %-I `�'QC� rlc� l rat rc,gtiirinq :,ut�_.t:3ntial grading.
As property awns rs inJ near thi: .site , we feel this
�iev}�,?oprnr x t -:is, cur t ntly pl.--innr d will :__dverscl_y ,effect r.es , dentiLl
pi-aperty v_11.u� , ti -i-If-f is flow and the overall ,qual:i_t,,, of I.; fF• in
n «rc>a �aYZc r<e the �ri.c final n< tiic l envircnment� 1 quality should k7e
maintaine3cs . An env] ronrricYnt.-,1 imp'ict statement will serve to safe-
guard our rightf.u1 -1_nterceat s .
i
ell c> :z
May 4 , 1978
PETITION TO CITY OF EDEN PRAIRIE CONCERNING;
BACHMAN - ANDERSON DEVELOPMENT
We , the undersigned , request that an environmental impact
statement be required by the City of Eden Prairie with respect to
the development plans for the Bachman-Anderson property.
Recently disclosed plans call for a 4-.5 story office building
along with a 500 car parking lot requ4ri.ng substantial grading.
As property owners and residents near this site , we feel this
development as currently planned will adversely affect residential
property values , traffic flow and the overall quality of life in
i
an area where the original natural environmental quality should be r
i
maintained. An environmental .impact statement will serve to safe-
guard our rightful interests .
--------- J-22
I would like to make the following statement concerning
my position as City Council member and the proposed selection
of my husband' s law firm, Lang and Pauly, as Eden Prairie
legal counsel.
I was not present or involved when any of the discussions
concerning the selection took place.
I Seel an obligation to serve out the remainder of my
elected term. A Council member' s decision making power does
not ,seem to be in conflict with a spouse who is a member of the
advisory staff. Naturally, I will defer to a legal opinion
on this matter.
Finally, I realize that I would be personally uncomfortable
working in local political campaigns as the wife of the City
Attorney. Consequently, I would not run for re-election, nor
involve myself in local elections for the remainder of my term,
or while my husband would serve as City Attorney.
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