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City Council - 06/12/1978 - Special Meeting APPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING , MONDAY, JUNE 12, 1978 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planner Chris Enger; Director of Community Services Bob Lambert; and Joyce Provo, Recording Secretary i ROLL CALL : All Council members present. I. 2nd Reading of Ordinance No,, 78-14, rezoning 35 acres from Rural to Office for Super Valu Stores, Inc. , corporate headquarters and developers agreement � City Manager Ulstad explained after the Public Hearing for the Super Valu rezoning on April 4, 1978, the Council directed Staff to draft a developers agreement. At the Public Hearing the Council considered the proposed site by Super Valu of 140 acres. City staff drafted the developers agreement as per Council direction incorporating the recommendations of the Planning Commission, the Parks, Recreation & Natural Resources Commission and Staff, and then submitted agreement to Super Valu. Super Valu, in reviewing it with the owner,didn' t e any problems with the developers agreement pertaining to the 80 acres, the application to the total 140 acres was not acceptable to the present er of the balance of the property because it wasn't fully decided by Super uaiu that they would be the ultimate owner. The Staff met with Super Valu to work out the details of the developers agreement as submitted. The developers agreement speaks to only the 80 acres rather than the 140 acres. Director of Community Services Lambert distributed a map depicting what is proposed for open space. (Attached as part of the minutes) Ulstad further spoke to the request from Super Valu for a facility to obtain access to the lake for their people to walk to the lake for the purpose of having lunch, possibly sunbathing or swimming - not to include any docking facilities. Ulstad explained this facility has been included in the developers agreement for Council consideration. Osterholt referred to the requirement in the developers agreement that boats will be prohibited from being launched or permitted to dock at the Super Valu facility, and asked if this met with agreement with Super Valu. Charles Dugan, Vice President - Legal & Insurance, Super Valu, replied this would be satisfactory with Super Valu. Hayner Larson, 7011 Willow Creek Road, spoke in opposition to the dock as proposed by Super Valu, and asked what pleasure a dock of this sort would give to the employees of Super Valu that they could not have on the area of the property itself. John Morrissey, Vice President - Distribution, Super Valu, explained the dock would be more enjoyable if it were on the water. than on dry land. Council Minutes - 3 - Mon. ,June 12, 1978 v I . 2nd Reading of Ordinance No. 78-14 (continued) Mr. Bab Fransen, 6851 Beach Road, felt the site would be less attractive with a docking facility. Osterholt commented there must be a valid reason for Super Valu to want this facility and does not feel Super Valu would come in and be a nuisance to people living on the lake. Dr. Tangen suggested rather than having a specific reference to docking at this . time, that any docking facility should be in accordance with the Shoreland Management Act when the docking facility is constructed. x Mr._ Jerry Carnes, 7036 Willow Creek Road, stated the lake can be enjoyed without a dock, and kids will just walk in if the area is going to be unsupervised. Mr. Jim McNeill , 7251 Willow Creek Road, stated that Bernardi , who owns the pro- perty at the present time, will not put up a fence to keep the people out and the police will not police it. The people using the area are stating they are Super Valu employees and have permission to go in. How is it going to be policed after Super Valu comes in? Gail Roettger further questioned about winter policing for cross country skiing ` and snowmobiles. Meyers stated that during the Public Hearing in April there was much concern about preservation and dedication to the City of the lagoon area and knoll area. Mr. Dugan replied Super Valu cannot touch the area without zoning, grading and 4L the other necessary permits from the City. Mr. Sorensen noted that in the Major Center Area report all the marsh, all the hills, and the ponds on this site would not be developed.* Now Super Valu wants the City of '"den Prairie to simply grant them straight zoning of an area which was to be protected. pity Attorney Roger Pauly responded the knolls referred to are not included in the 35 acre parcel under consideration for rezoning. The zoning to those knolls will remain as is. In order for Super Valu to make any improvements in that area they will have to come back for further zoning. Super Valu will be willing to abide with any laws that are applicable to the area in the 35 acres. Osterholt felt Super Valu has gone out of their way to get together with the citizens and meet the objections of the people that live on the lake. He further stated considering the proposals we have had and what might be proposed in the future, this is the best possible use of this site. Mr. Sorensen commented he doesn' t object to the type of use; however, feels. the best building site is at the base of "old baldy" . Also in any other development a scenic easement is required and he doesn't see that in this situation. Mr. Pauly noted that the Shoreland Management Act speaks to a figure of 30% for use of land and improvements. Bye asked the residents if they were supportive 'of the Super Valu proposal with the exception of the newly added docking facility. Mr. Fransen replied in the affirmative. Bye further commented then Mr. Sorensen is speaking for himself and not the majority regarding the other problems he discussed. Council Minutes - 2 - Mon. ,June 12, 1978 k I . 2nd Reading of Ordinance No. 78-14 (continued) Osterholt questioned restricting the use of the dock facility to just working hours. Morrissey replied it is riot beyond belief that maybe once a year Super Valu may want to have a picnic one day for a few hours and it seems unreasonable at this time to place a restriction of this type on this facility. Mr. Dugan also responded that on Saturday or Sunday people come to the office to work or may want to use the dock area for a picnic or lunch. Dr. George Tangevw, member of the Parks, Recreation & Natural Resources Commission and a resident at 7G32 Willow Creek Road, stated he did not realize this 1600 foot dock was in the proposal until this evening and that it strikes hiIII dS d id rye idol 1 i ty. Tangen further explained the Parks, Recreation & Natural Resources Commission is considering the Shoreland Management Act at this time and will be making recommendations pertaining to same. He stated a facility of 1600 square feet would not fall within the recommendations that will be presented to the Council for construction on lakeshore within the City of Eden Prairie. It would not be acceptable in his personal opinion and it would not be acceptable to the s neighborhood or people of Eden Prairie. The idea of having a small dock facility 1 does not strike Dr. Tangen as being as bad, but a 1600 square foot facility is a largel structure to build on a lake. Tangen reiterated the fact he was opposed to the docking facility as a resident, and when it returns to the Parks, Recreation & Natural sources Commission they would not look on it favorably. n Sorensen, 7121 Willow Creek Road, spoke in opposition to the 7600 square of dock and does not see the need for a docking facility to address itself sunning, pi cni ci ng or fishing. He finds it hard to believe with a public rk and then this docking facility that it would be_ possible to enforce people -om coming down to the dock at any time. Mr. Sorensen sees this as an inviting cility that people are going to see and want to use. For the limited purpose ,at Super Valu will use the docking facility, it should and can be used on land itself. Negative to this situation because it can only be trouble in the future and cannot accomplish any meaningful purpose. Mr. Morrissey explained when Super Valu met with a citizens group at Ellerbe it was asked if Super Valu would be agreeable to no docking, and Super Valu agreed and questioned if the citizens would be opposed to a small dock. Mr. Morrissey stated the citizens at that time could not see an.vthinq wrong with a small dock. Gail Roettger, 6881 Beach Road, cormilented that the area down by Super Valu is not that large and it is used for a turn-around. If a large dock is extended out in the lake, it would be a real hazard. Mrs. Brill , 7041 Willow Creek Road, stated if a dock is constructed what says people cannot put a boat down and launch it and who is going to police the area. Further when Super Valu is not open do employees have the right to come and picnic? Mr. Dugan explained Super Valu would be willing to consider something less in size for the dock and will police and put a sig,-1 ur irdica ting no trespassing. Super Valu does not intend to go in with any boats. - - - 7._ _ Council Minutes - 4 - Mon. ,June 12, 1978 I . 2nd Reading of Ordinance No. 78-14 (Continued) Mr. John Wilkie, 7221 • Willow Creek Road, explained he was part of a committee on his street to meet with Super Valu and felt he had a clear understanding as to the specifics addressed at that time. Now there seems to be a clear misunderstanding. During their meetings and throughout the first meeting with the Council , Mr. Wilkie understood how the property was going to be developed. Now tonight, Mr. Wilkie stated, we see a different proposal in the developers agreement. Mayor Penzel called for a brief recess for the purpose of Super Valu and the residents on Bryant Lake to get together and discuss the issue of the dock. Meyers excused herself from the rest of the Council meeting. The meeting reconvened and Mr. Morrissey announced the residents and Super Valu were at an impasse as far as the dock was concerned. Blanche Johnson, 7261 Willow Creek Road, explained she did not feel Super Valu would be a detriment to the lake with the docking facility, and the City should be grateful to Super Valu for locating on Bryant Lake. She further noted chat the other possibilities have not been as good as Super Valu's proposal . MOTION: Oster-holt moved, seconded by Bye, to give a 1st Reading to Ordinance No. 78-32, the Shoreland Management Act by reference, and to consider recommendations of the Parks, Recreation & Natural Resources Commission by the 2nd Reading. Motion carried unanimously. Osterholtosuggested an amendment in the developers agreement in Section 3 which refers to any docks or structure not to exeed 1600, should be amended to read +not to exceed a total of 1 ,200 square feet and no more than 400 square feet, or less, of such structure shall extend beyond the shoreline; and that the r-unfiguration of the facility be worked out with Staff and Suner Valu and then the matter be circulated to the residents living on the lake prior to the meeting on June 20th. Council members agreed with this amendment. MOTION: Osterholt moved, seconded by Bye, to approve the developers agreement as amended. Motion carried unanimously. MOTION: Bye moved, seconded by Osterholt, to adopt the 2nd Reading of Ordinance No. 78-14, rezoning 35 acres from Rural to Office for Super Valu Stores, Inc. , corporate headquarters, contingent on the signing the developers agreement. Motion carried unanimously. II. Definition of Section 2, Subdivision 2.7 of Ordinance No. 135, special requirements ertaining to design Council reviewed the communication from Ross Thorfinnson relating to Section 2, Subdivision 2. 7 of Ordinance No. 135, and requested that this item be again addressed during Future Guide Plan meetings. III . Anderson Lakes Joint Master Plan The Council suggested that an invitation be extended to the Hennepin County Park Reserve District for a member of their staff to appear before the Council at a 4 regularly scheduled Council meeting to outline the details of the proposed Master Plan . Council Minutes - 5 - Mon. ,June 12, 1978 IV. Guide Plan - Chapter VI r Due to the lateness of the hour,Council members requested that another date be set to discuss Chapter VI of the Guide Plan. Date to be set at the June 20th Council meeting. V. ADJOURNMENT MOTION: Bye moved, seconded by Osterholt, to adjourn the meeting at 9:55 PM- Motion carried unanimously. w- , UL.2 F 7 F a A Y .` 1JL. jam•. �-� �:�.. ��'•"IN _ _ "!�' ,. -.,� �_•` may_ 46 CA to • ti' _" . . '�`ti i 4 \lam '�. a �' � p ti-• _ ;,,. _ , _ �.!-_ �� Til�• ,7��y 'o _'• /,/'^_" t - �„ � 'fit' y rf N Vi ! Q I0 'r PUD 78-03 RES INC. • r-� � , , SUPER VALU S10 = • , « 3 y�' '�` EXHIBIT C - - f . Or 3 -1_. ^'_r � _T-. i -__f'• I.=.. .- ._,�'��.:/ ...—_ter_.i•_�_ .-.r_ _r.�Y �? t.-- .._.-J ; ':