City Council - 10/03/1978 s.
':
APPROVED MINUTES
EDEN P►tAIRIE CITY COUNCIL
---- ---`---TUESDAY , OCTOBER 3, 1978 7: 30 PM, CITYHALL
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COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan
Meyers , Dave Osterhol t and Sidney Pauly
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COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planninq Assitant Jean Johnson;
City Engineer Carl Jullie; Director of
Community Services Bob Lambert; and Joyce
Provo, Recording Secretary
INVOCATION: City Manager Roger Ulstad
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was requested to be added to the "New Business" category:
A. Vacation of Old Valley View Road which was item 12 in the "For
Your Information"_ packet
MOTION: Pauly moved, seconded by Meyers, to approve the agenda as
amended and published. Motion carried unanimously.
II . PRESENTATION BY BARBARA L. HUGHES, METRO CLEAN AIR COMMITTEE
Barbara Hughes explained she actually works for the American Lung Associations
which is funded by Christmas Seals volunteer contributions. She is a contractor
for the Pollution Control Agency and the Metropolitan Council in matters dealing
with the public's participation in the Clean Air Act and Ms. Hughes is here
tonight to forewarn the Council about some of the implications of the Clean
Air Act for communities . The Clean Air Act of 1977 gives the State until
December 31 of this year to come up with a plan for controlling air pollution
so we can have clean air for 1982 or, in some cases, 1987. What is included
in that plan depends very much on what the general public wants and what
elected officials want. They are urging local elected officials to get involved
in the process that is now going on in writing a state implementation plan.
Ms . Hughes requested that the City Council designate one of their members
to act as a liaison to keep the Council informed as things develop, and that
person would expect to be invited to the upcoming conference to be held this
winter.
City Manager Ulstad volunteered on behalf of the Council to act in the role
of liaison as per Ms . Hughes request.
III . MINUTES
A. Minutes of the Ci�y Council Meeting held Tuesday, September 5, 1978
Pg. 4, 5th para . , 3rd line, strike "or", and in the 6th para . , 1st line
insert "from the Environmental Assessment Worksheet" after "removed")
and in the 2nd line after "1978" i nsert "Kennedy" and strike "Staff" .
Uouricil Minutes - 2 - Tues . ,October 3, 1978
A. Minutes of the C�__Counci l Meeting held Tuesday, (corit i n:,ed)
Pg. 5, 5th para. , loth line, after "the" insert "east/west" , 12th line,
at the beginning -of the �l line, i nsert. "the new" and after "road" insert
"north" ,
, after Hearing" insert before closing the Luther Way connection" .
Strike the last paragraph on page 5 in its entirety.
Pg. 9, 2nd para. , 2nd line, strike verbage after " is" and insert in lieu
thereof "the Normandy Hotel & Restaurant and the Sheraton Hotel on Highway
#494".
Pg. 12, 3rd para., 2nd line, after "Ulstad" insert "decide" , thus
striking the language in the 2nd line through the word "inquire" .
MOTION: Meyers moved, seconded by Osterholt, to approve the Minutes of
the City Council meeting held Tuesday, September 5, 1978, as amended and
published. Motion carried unanimously.
B. Minutes of the Special City Council Meeting held Tuesday, September 12, 1978
MOTION: Osterholt moveci, seconded by Bye, to return the Special City
Council minutes from the meeting held Tuesday, September 12, 1978, back
to the City Manager for review and amendments, and continue these minutes
to the October 17, 1978 Council meeting. Motion carried unanimously.
IV. CONSENT CALENDAR
A. Resolution No. 78-198, proclaiming Saturday, October 21 , 1978, as
Sweetest Day
3. Final plat approval, for Lake Trail Estates (Resolution No. 78-192)
C. Approve plans and order advertisement for bids for utility and
street improvements in Lake Trail Estates , I.C. 51-315_ (Resolution No.
78-193
D. Approve plans and order advertisement for bids for street improvements
on Dell Road, I .C. 51-326 Resolution No. 78-194
E. Final at approval for Darkenwald First Addition (Resolution No.
78-1955-- __
F. Final plat ap rroval for Timber Lakes Townhouses 2nd Addition (Resolution
No. 78-197
MOTION: Osterholt moved, seconded by Meyers , to approve items A - F on the
Consent Calendar. Motion carried unanimously.
V. PUBLIC HEARINGS
A. Prairie East 7th, request by Hustad Development Cor oration, to rezone
from Rural to RM 6.5 and preliminary plat appnoyal Resolution No. 78-106
and Ordinance No. 78-40 Continued from September 19, 1978
City Manager Ulstad referred to letter received this evening addressed
to Mr. Frank Thomas from Richard Putnam, Hustad Development Corporation.
(Attached as part of minutes )
L,ow,ci 1 I-ii nutes - - I ues. ,ucToiDer .i, Iy/8
A. Prairie East 7th (continued)
Penzel expressed his dismay that the Council has not been given material
from Hustad at an earlier date, but are put in the position of receiving
IL changes in the proposal at the very last minute.
Richard Putnam, Hustad Development Corporation, explained there have been
no changes since the plans were distributed to the Council before the last
meeting. The 9/14/78 plan has increased the distances to a minimum of
50 feet. The reason for the letter to Mr. Thomas follows the Council ' s direction
to Hustad to meet with the residents concerned with the project to try to
determine what their concerns were and try to work those out with the
residents. At the last Council meeting Hustad asked that this Public Hearing j
be continued so they might give some time to residents to work out their
concerns . Hustad met with some of the affected homes along the northerly
property line in Garrison Forest to look specifically at what needs to be
done with their lots, or with the adjacent lots] to make it work the best for
the residents. What the letter to Mr. Thomas does is basically outline what
Hustad proposes to do.
Meyers referred to statement made by Mr. Putnam that he has worked out some
of the agreements with the people in the Windsor Additions, and referred
to letter from Tod and Susan Short (attached as part of minutes) , 10101 Laurel
Drive, and asked if Hustad had agreed to the conditions in the letter.
Mr. Putnam replied in the affirmative.
Pauly questioned if the pond would be controlled after everything is finished.
Putnam replied in the affirmative.
Pauly asked if Staff has gone over the soil borings and made sure it was not
feasible to move these units further to the south. Jullie responded Staff has
taken a general look at the borings, but did not receive a copy of the boring
report from Hustad. There is in the range of 4 to 9 feet of unsuitable
material . A bigger concern, Jullie stated, is the water table. The closer
to the pond, the more of a chance of wet basements, etc. Concerned with the
water problems people are having now in the single family homes even in the
upland area. The further away the developer can stay from the water table
elevation the better off they will be.
Penzel commented part of the approval of the whole PUD sometime ago included
the condition that when development occurred the appropriate turning lanes
would be installed on County Road 18. Now there are a substantial number of
homes built in that subdivision, we are embarking in the process of building
a larger number of townhouses east of Linden Drive, and yet at this point
there is not the hint of the ineef i ns of that commitment and need. Peopl e
cannot safely turn off County Road 18 to get into Linden Drive or often-
times can't turn on.
Putnam explained because this is a County right-of-way, the County has to
approve the permit to do this and asked Jullie where they stand.
Jullie stated the County has required right turn lanes, acceleration lanes,
and bypass lanes at both the Linden Drive intersections with County Road 18,and Jullie understands that Hustad will sometime this fall complete those turning
lane connections. At this point there has been no date certain, only a general
completion date of this fall . It may be appropriate now to tie down a deadline
date for those turning facilities so the residents in the area can be assured the
will be in place.
i-�inuL(--s — 4 - iues. ,UCLOber s, 1918
A. Prairie _East 7th (continued)
Penzel noted in visiting with the Serwood area it came to his attention that
the sidewalk or ,tra+l which was commited to by Hustad Development in the initial
phase along Linden Drive was about to be installed, and he was also informed
that many buyers along Linden Drive had not been informed of the trail
installation.
Putnam explained one of the problems their contractor had in putting
in the sidewalk which was supposed to be in last year, was that it got late in
the fall and they had to make a value judgement in the 3rd Addition on whether
to put in streets or sidewalks. They chose to put the street in. The reason
the sidewalk was not put in at the same time as the street in the 1st Addition
of Sherwood 2nd, was because of the concrete trucks rolling over them and the
possibility of the sidewalks be beaten up before the construction is in. Putnam
commented he does not know why the residents were unaware of this situation.
Penzel stated not only has grass been laid, but other plantings such as
trees have been also planted. Questioned what is Hustad's position regarding
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those plantings and the investments that homeowners have made in them now that
the trail is coming in. Putnam responded Hustad is working with each of the
property owners in that case, and Hustad will either be replacing the trees
if they can 't be moved, or moving them or compensating the owner for same. In
some cases Hustad will be working with the owner to get some trees to plant if
he wants to add trees between the sidewalk and his house.
Bye explained there has been a great deal of concern voiced for months about
the buffering area, the landscaping area , and how it will be done, and felt
these concerns should be responded to oefore any action can be taken.
Pauly questioned if the landscaping plan the Council was shown earlier is the
the one Hustad planned to work with . Putnam added Hustad will be adding on
and modifying the plan to make the most sense for the people affected. If the
project is approved they will go out on each site with each homeowner and
determine what makes the most sense in each case.
Meyers expressed concern in not knowing what the Council would be approving
outside of the building placement. She has counted 23 adjoining properties
if current maps are correct in the surrounding additions, and it is her feeling
that if this proposal is acted on favorably without specifics tied down,
the developers agreement would have to state as building permits are requested
affidavits or some signed statement from each adjoining property owners would
have to be received outlining that the property owner is satisfied with the
landscaping, buffering and trail placement that affects their property. 1
Bye commented if the project is approved the developer has stated he will work
with each property owner on an appropriate landscaping plan for that property
owner. Believes this could become a problem if an agreement between the two
can't be reached.
Don Hadd, 9805 Garrison Way, stated he lives approximately 500 feet back from
County Road 18 and it is one of the points where there is approximately 50
feet from the building line to the property line. There is also a void in the-
shrubbery behind his property which is one of the things he finds objectionable.
Council Minutes - 5 - Tues . ,October 3, 1978
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A. Prairie East 7th (continued)
Mr. Hadd further explained there is a five foot depression in the back of the
lots and would like to know if Hustad is going to leave it natural or regrade,
or what is going to be done. He does not see why the developer could not come
through with a proper drawing. Putnam responded the area in question is one
where Hustad will be putting in plant materials . The area which is going to
be regraded is to the west.
Dennis Moore, 10081 Laurel Drive, stated those people who abut this proposed
project are operating with the understanding that their setback will be
approximately 100 feet minimum, that the bicycle path will be constructed
between lots 32 and 33, that the large stand of birch trees directly behind lot
34 will remain, and the pond would have a controlled flow. However, they
are still up in the air as to what the futuire of the park is to be. Would
like it to be public rather than private.
Bob Janus, 9600 Friar Drive, commented Mr. Putnam twice discussed and agreed
with some of the people that Hustad could provide trees from an area which
they own and plant them as a screen. Further that. Mr. Woodland also was made t
aware of this discussion last Friday.
Putnam explained. Husta6 has a large number of trees on a chunk of property
they would make available to the property owners at no cost if the property z
owners would get a tree mover to move them.
Jim Cox, 9600 Squire Lane, thought a very simple solution might be to require
the builders to put in the plants. Further the people at the meeting last
Thursday didn' t seem to have any real concern with the putting in of multiple 2
family units, their concern was with setbacks and screening of the property.
Sue Short, 10101 Laurel Drive, explained Hustad has been very accommodating 1
and has tried very hard to satiny their concerns and worries regarding landscapinsl
However, since they don' t have any actual legal dealings with Hustad, and
since they have no contracts with Hustad, she would really like to have something
more than a verbal commitment and would rather have something written down where
they could go back and say this is what they have committed to do for us.
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Frank Thomas, 9785 Garrison Way, stated the residents he has talked with are
concerned with setbacks . Mr. Thomas further questioned if single family were
considered, what would the price range of the houses be and how many units per
acre.
Penzel replied there would be 2 units per acre for single family.
John Woodland, Windsor Corporation, stated he would not build single family
homes because the land would be too expensive.
Pauly expressed one additional concern, that being private vs. public land.
Personally would like to make the pond public but it would be contrary to staff
recommendations . Would like to have the possibility of public land explored k
with the idea that this entire area has so few parks and so little in the way
of open space that if the public wants it and it can be done, she would like to
do it. Questioned the liability i.f this land would be public.
City Attorney Roger Pauly explained liability is the same as on any public park.
The real problem is the maintenance, police protection, etc. , that comes with
public parks .
uount-i 1 Mli notes - o - i ues. ,vczooer s, i 4io
A. Prairie East 7th (continued)
Ulstad explained the City' s concern was that parks of this nature are best
maintained by a homeowners association. In this case where you have a townhouse
development, you do then have a homeowners association so it is easy to maintain
to the desires of the people in the area. Staff does lean to the recommendation
of private ownership versus public.
Putnam explained Hustad could go either way (public or private ownership), r
however, one of the concerns that Mr. Woodland will have is that will FHA
approve the documents for the homeowners association if a public use easement
were placed over the entire area.
Osterholt felt another solution to the inadequate setbacks would be a reduction
in the number of units which would simply give much more space between those
multiple dwellings . He further stated there is no other place in this community
where multiple dwellings abut single family without a greater setback.
Osterholt further stated the proposed development is not the highest and best
use of the land and feels single family would be more in harmony with rest of
the area.
Pauly commented if the Council were starting from scratch, she would concur
with Mr. Osterholt. However, this is a piece of property previously
approved for multiple. Hustad has had this in their plans for a number of years .
The City has asked Hustad to sign the property multiple, which they have.
To require the developer to go back to single family would be unreasonable.
Meyers agreed with Mrs. Pauly about the use of the land and that the Council
hasn' t heard from any of the residents regarding opposition to the multiple
residential use as proposed. However, she is not comfortable with all of the
loose ends left unanswered.
MOTION: Bye moved, seconded by Osterholt, to continue the Prairie East 7th
Public Hearing to October 17, 1978. Motion carried unanimously.
B. Briarfield Estates by Pride Maintenance. Request for PUD concept approval
for multiple and commercial with rezoning from Rural to RM 6.5 for 25 lots
for 50 duplex units and preliminary plat approval Resolution No. 78-181
for PUD approval , Resolution No. 78-183 approving preliminary plat, Resolution
No. 78-187 for Environmental Assessment Worksheet and Ordinance No. 78-42
for rezoning)
City Manager Ulstad explained notices have been sent to adjoining property
owners and there is an affidavit on file calling for this Public Hearing.
This proposal has been before the Planning Commission and the Parks, Recreation
& Natural Resources Commission. s
Doug Gori esky, Hawk Engineering, representing the proponents , outlined the
proposal and answered questions of Council members.
Jean Johnson, Planning Assistant, explained when this project was first before'
the Commissions there were a few more lots and more encroachment into the
I flood plain. Now it has been revised to the plan dated 8/10/78 which has
24 lots for 48 duplex units. The unit density is about 3 1/2 units per acre,
and the previous plan was 4 units per acre. Ms. Johnson also spoke to
Staff Report dated 8/10/78 and recommendations of the Planning Commission
from meeting held 8/14/78.
Council Minutes - 7 - Tues . ,October 3, 1978
B. Briarfield Estates (continued)
Director of Community Services Lambert spoke to the recommendations
of the Parks, Recreation & Natural Resources at meeting held August 21 , 1978.
Osterholt asked that someone comment on the natural corridor for deer in
the area as he does not see it stressed in the Environmental Assessment
Worksheet, and also his concern that this proposal does not meet the
requirements of the Shoreland Management Act.
Ms. Johnson explained the creek corridor is foreseen as an open space
corridor and the creek corridor will serve as an area for the deer to use
as it does at Anderson Lakes.
Lambert replied upon reviewing the Shoreland Management Act and the Flood
Plain Ordinance, he does not believe the setback to be a problem.
Penzel questioned if the deletion of Lot 5 would be an adequate resolution
of the steep slope wooded portion of the cul-de-sac. Lambert responded
that is the alternative he would recommend.
Meyers felt there has to be some different resolution then what is proposed
because there is a great deal of grading and benching along the flood plain
bank of lots 3, 4 and 5 at the end of the cul-de-sac. Mr. Goriesky replied
he has worked this out with the Watershed District to comply with the
flood routing through the area, however are not compromising the flood plain
in any way. The proponents will be doing some filling in on the edges
because they have excess and are capable of doing that without compromising.
Penzel brought up the one problem the City has had in the degree of erosion
during construction, and questionedwhat specific steps the proponents propose
to take in the land alteration of this area to prevent damage to the flood
plain through erosion.
Mr. Goriesky replied the proponents are not going to open up the entire site
at one time. They will be doing a small section and phase the development
so it will not get out of control . Further that the Watershed District
has very specific requirements which must be adhered to so the City would
be assured of adequate erosion control .
Pauly questioned if the old farmstead had been looked at by the Historical
& Cultural Commission, and if they had been officially charged with the function
of locating historical buildings .
Lambert replied the Commission hasn ' t been asked to look at this particular
farmstead. Ulstad further commented this is part of the charge to the
Commission by the Council to look at historical buildings, however, he does
not believe they have taken on this as a project at this time.
Frank Smetana , 7680 Smetana Lane, explained the building is very old and is
historical . The original owner was the Brown family. Mr. Sciola, Pride
Maintenance, noted the original structure is probably over 100 years old, however,
it now has aluminum siding and has been remodeled quite a bit on the inside.
Paul Enblom, 10610 Valley View Road, expressed his concern that the City owns
land on the north and south of this property, but what future upgrading or increas
Of traffic would be estimated on Valley View Road as it goes west.
:.iun 1 1 Ho nutes - ti - i ues . ,Uc Lober 3, 1978 w
B . Briarfield Estates (continued)
City Engineer Jullie responded the City's conceptual plans at this point
are to provide for an upgrading of Valley View Road from the connection
to County Road 18,and then upgrading could occur along the Valley View
Road alignment going down approximately at the easterly edge of Mr. Helle's
property,and then curving to the south to Helle's property and Pearson's
property and back over to connect to Valley View Road just west of
Smetana lane, Existing Valley View Road to be "T"ed into the new through
road, thus leaving existing Valley View Road as a minor residential street.
Mr. Smetana explained if this plan includes any of his property, he would not
like to see any more roads put i n.
Meyers requested that an amendment be made to Resolution No. 78-181 in
item 2, by deleting "commercial " . Council members concurred with this amend-
ment.
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and
adopt Resolution No. 78-181 as amended, granting PUD approval for residential
and open space uses for Briarfield Estates by Pride Maintenance. Motion
carried unanimously.
MOTION: OstErholt moved , seconded by Bye, to adopt Resolution No. 78-181,
approving the preliminary plat for Briarfield Estates with modifications to
include recommendations of the Staff and Conunissions, moving the lot lines
of lots 4 and 6 closer together making lot 5 a narrow strip, deleting the
structures on it, and using it as an access to Outlot A. Motion carried
unanimously.
Meyers requested that a correction be made on page 2 of the Environmental
Assessment Worksheet in item "B 1 " , line 3, should read "the property to the
west is designated" thereby deleting "zoned" , and have staff research language
to be used other than "adjacent" as the properties are not adjacent.
MOTION: Meyers moved, seconded by Osterhol t, to adopt Resolution No. 78-187,
finding the Environmental Assessment Worksheet for Briarfield Estates a
private action does not require an Environmental Impact Statement and
amending the 2nd line of Resolution No. 78-187 in the 2nd "Whereas" , 3rd
line, by striking "commercial " and inserting "residential" ; and in the
3rd "Whereas", 4th line, after request insert "as amended". Motion carried !
unanimously. i
MOTION: Meyers moved, seconded by Pauly, to give a 1st Reading to Ordinance
No. 78-43, rezoning approximately 27 acres for 48 duplex units from Rural to
RM 6.5 for Briarfield Estates by Pride Maintenance with open space uses and
Outl of A dedicated to the City for public purposes . Motion carried unanimously.
MOTION: Os terhol t moved, seconded by Bye, to direct the City Attorney to
draft a developers agreement incorporating the Staff Report dated 1O/lOj78 and
recommendations of the Planning Commission and the Parks , Recreation & Natural
Resources Commission. Further that the diseased dutch elm trees be removed.
Motion carried unanimously.
Council requested that the Historical & Cultural Commission visit the
farmstead on this property to determine if the members feel it has anthistorical
value and to report the findings back to the Council .
Council Minutes - 9 - Tues . ,October 3, 1978
C. Centex Homes Midwest Inc. , request to rezone from Rural to Rl_-13.5 for
87.4 acres and preliminary plat approval of 175 lots pResolution No. 78-182
approving preliminary plat, Resooution No. —78-18 or Environmental Assessment
Worksheet, and Ordinance No. 78-43 fbr rezoning)
City Manager Ulstad explained there is an affidavit on file calling for this
Public Hearing and notices have been sent to adjoining property owners.
Mike Gair, Landscape Architect for Centex Homes Midwest, Inc. , outlined the
proposal and answered questions of Council members.
Tim Eller, Centex Homes Midwest, Inc. , stated that based on a 25 foot total side
yard, their narrowest house requires a 70 foot lot width,and the widest house
requires a 90 foot lot width. With this plan Centex is asking for variances
on lot frontage for 27 lots. Eller noted that of these 27, 9 will be 90 feet
at the building setback line rather than the property line, and of the remaining
18 lots the frontage at the setback line will be 80 feet or greater. Centex -
is asking for frontage variances in order to reduce the side yards for smaller
homes . According to Mr. Eller, the lots they are requesting their variances
on meet the zoning requirements of the City in all other respects .
Mr. Eller spoke to the Staff Report dated August 16, 1978 and the changes
that were made in the report as outlined in Planning Commission minutes dated z
8/28/78. Further Mr. Eller requested that item 2 in the Engineering Report 4
dated 8/24/78 be clarified. If approved, according to Mr. Eller, grading
would start in Spring of 1979, utilities and street installations would occur x
in two stages . Home construction would start late Summer or Fall of 1979 and
occupancy would start the Winter of 1979. Mr. Eller believes this plat reflects
the direction given to Centex by the Planning Commission and the Parks,
Recreation & Natural Resources Commission.
Planning Assistant Jean Johnson explained this project does conform to the PUD's
of both the Red Rock Sector Plan for residential uses, and with the Guide Plan
for residential uses for this area. Centex 's first proposal in July of this
year consisted of 220 lots on the same acreage with requested variances on
density, a minumum of 90 foot width of the lots, and open space included in the
project. The Planning Commission reviewed that plan and did recommend denial
of that PUD because they did not feel the trade-off justified the variances.
Johnson explained the proponent came back in August with a reapplication for
zoning and platting of the project as per City ordinance. The only variance
requested, as outlined, would be the 14% variances for the minimum width on the
lots . The proposal for 175 lots was unanimously approved by the Planning
Commission as per Staff Report dated 8116178, and the Planning Staff does concur
with the suggested changes requested by the proponent. Johnson further explained
the Watershed District has not yet given their review to this project as their
policy today is not to review the project until the Environmental Assessment
Worksheet is acted on by the Council .
Director of Community Services Lambert stated the Parks , Recreation & Natural
. Resources Commission approved the proposal on 9/18/78.
Meyers commented she does not see any discussion in the minutes regarding the
45 acres of this proposal which is designated shoreland and should fall under
some of the requirements of the Shoreland Management Act that is now under study
and being discussed.
11:U LUl > - 1V - I UCZ . ,VL.LV VC$ .J, l
C. Centex Homes Midwest, Inc. (continued)
Lambert explained there was discussion of the Shoreland Management Act
regarding this proposal at the Parks, Recreation b Natural Resources Commission, 14
however, the developer assured the Commission that the conservancy area is not AA
going to be graded. The Shoreland Management Ordinance draft that has been
approved by the Parks , Recreation & Natural Resources Commission is now before
the Planning Commission with staff recommendations for some changes. Lambert
commented the neighborhood park that would serve this neighborhood is the
proposed Red Rock Park.
Osterholt questioned the developer if they could see any place in their
development where a tot lot could be platted out in some way i nbetween the
home sites . Eller responded the only reservation he has is from a marketing
point of view - that is no one wants to live next to or near a park. However,
Eller stated, if the Council desires a tot lot he would be willing to commit
to this and would prefer a tot lot somewhere along the road where there is a side-
walk.
Meyers questioned how Flying Cloud Airport affects this site. Mr. Eller
replied this development would fall within the "C" zone as it is a lesser
used runway.
Mr. Flesher, 14000 Research Road, commented he is more concerned about the
density than anything else, and does not believe the variances are warranted.
Also he feels there is an awful lot of noise from the north/south runway.
' MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing and
adopt Resolution No. 78-182, approving the Preliminary Plat for Centex )
Homes Midwest, Inc. Osterholt, Bye, Pauly and Penzel voted "aye" , Meyers
voted "nay" . Motion carried.
MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 78-185, finding
the Environmental Assessment Worksheet for Centex Homes Midwest, Inc. , a private
action, does not require an Environmental Impact Statement. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Penzel , to approve the is t Reading of
Ordinance No. 78-43, rezoning 87.4 acres from Rural to R1-13.5 for 175 Tots
for Centex Homes Midwest, Inc. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Pauly, to direct the City Attorney to
draft a developers agreement incorporating the Staff Report dated August 16,
1978 with changes noted in the Planning Commission minutes dated 8/28/78,
the Engineer's Report dated 8/24/78 with staff to clarify item 2, consideration
of tot lot,$), memo dated 9/26/78 on diseased trees which are to be removed
prior to 1/31/79, and where the proposal falls into Airport Zone "C" those
building requirements be met. Motion carried unanimously.
Penzel suggested putting up a sign at the end of the east/west through street
indicating that this is not a dead end or a cul-de-sac, and to make sure whatever
plans are shown to potential buyers that all of the sidewalks and all of the
other restrictions be clearly indicated.
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Council Minutes - 11 -� Tues . ,October 3, 1978
D. Vacation of ortions of Old Eden Road and West 78th Street (Resolution
No. 78-189)
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MOTION: Osterholt moved, seconded by' Bye, to close the Public Hearing
and adopt Resolution No. 78-189, vacating portions of Old Eden Road
and West 78th Street. Motion carried unanimously.
E. 1979 City Sudget (Resolution No. 78-178)
Mayor Penzel referred to memo from Staff which indicates there will be a
reduction of a total of 1 mill from the 1978 levy.
City Manager Ul stad explained the City mill levy which is applicable to
valuation will be less this year than last year.
Council members commended the staff for the work done on the budget proposed
for 1979.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No. 78-178, certifying the 1978 tax levy, collectable
in 1979. Motion carried unanimously.
Betty McNulty, Eden Prairie Chamber of Commerce, also comunended the staff
and asked to go on record doing so. Ms . McNulty also offered the Chamber's
newsletter to share with their members and the 642 people that are mailed
their newsletter, what has been accomplished.
F. Opus II , American Family Insurance site. Request by Rafienhorst
Corporation for rezoning from Rural to Office for .49 acre for additional
parking to serve the Insurance Building and concept approval for future }
ram parking.p p g. (Ordinance No . 78-44)
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and give a 1st Reading to Ordinance No. 78-44, rezoning from Rural to r
Office for .49 acre for additional parking to serve the Insurance Building
and concept approval for future ramp parking, Opus I I , American Family 3
Insurance site by Rauenhorst. Motion carried unanimously.
i
MOTION: Meyers moved, seconded by Osterholt, to direct the City Attorney
to draft• a developers agreement incorporating the 6 recommendations of the
August 23, 1978 Planning Staff Report and adding that the landscape
plans also be subject to Planning Department approval . Motion carried
unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. ORDINANCES & RESOLUTIONS
f
1
A. Resolution No. 78-179, ap ointing judges for the November 7, 1978 General
Election
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-179,
appointing judges for the November 7, 1978 General Election- Motion carried
unanimously.
Council Minutes 12 - Tues. ,October 3, 1978
B. Resolution No. 78-184, accepting tax forfeited lands
Meyers requested that an amendment b6 made in the Resolution to include
parcels we want rather than parcels we don' t want, and also to include
two lots in Paradise Valley. Council members concurred with these
amendments.
MOTION: Osterholt moved, seconded by Meyers , to adopt Resolution
No. 78-184 as amended, accepting tax forfeited lands. Motion carried
unanimously.
C. Resolution No. 78-186, amending Resolution No. 78-174, MIDB approval
for Blackbourn/Nicholson
City Attorney Pauly spoke to Resolution No. 78-186, indicating he does not
have any concern about the amendment to Resolution No. 78-174 as submitted.
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 78-186,
amending Resolution No. 78-174, MIDB approval for Blackbourn/Nicholson.
Motion carried unanimously.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
Osterholt publicly stated his appreciation for the efforts and fine work which
has been done by Councilwoman Meyers and Councilman Bye, and expressed his
disappointment that they have made the decision not to run for reelection. j
Penzel and Pauly concurred.
Report of City Manager
1. Consideration of changing Council meeting from November 7, 1978
to November 8, 1978
MOTION: Meyers moved, seconded by Penzel , to change the Council
meeting scheduled for November 7, 1978 to November 8, 1978. Motion
carried unanimously.
2. Proposal for a Comprehensive Stuff of Human Services needs in Eden
Prairie
City Manager Ulstad requested that this item be continued without
a date certain, allowing Mr. Ulstad to meet with Russ Stricker from
South Hennepin Human Services Council .
MOTION: Osterholt moved, seconded by Bye, to continue this item
without a date certain. Motion carried unanimously.
3. Consideration of Resolution No. 78-180, providing for a vote at the
General Election on Sunday Liquor sales
MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution
• No. 78-180, providing for a vote at the General Election an Sunday
Liquor sales. Motion carried unanimously.
Lounci 1 Minutes nutes - 13 - Tues . ,October 3, 1978
B. Report of City Attorn�
City Attorney Pauly explained he is following through on the direction
given by the Council regarding :billboards on the Condon/Naegel e property,
i .e. , sign measurements are being tdken by Staff and Mr. Pauly is reviewing
the ordinances pertaining to signs. After such review, Mr. Pauly stated,
he will be preparing a letter to the owners advising them of the course
of action the City will take if they do not comply with City ordinances.
i
C. Report of Director of Communi_:�y Services
1. Request for approval to receive bids on removal of home at 8698
County Road 18
Director of Community Services Lambert spoke to memo dated 9/28/78
and answered questions of Council members.
MOTION: Osterholt moved, seconded by Meyers, to authorize the
advertisement for bids on removal of house at 8698 County Road
18 and authorize the Fire Department to burn down the house
located on Nesbitt Preserve Park as per Staff Report dated 9/28/78.
Motion carried unanimously.
2. Alternatives Tor 1978 reforestation monies
4 Director of Community Services Lambert spoke to memo dated 9/29/78
explaining that the Pzrks, Recreation & Natural Resources Commission '
favored items 1 and 2. In order to apply for a grant, an application has j
to be sent in by October 6, 1978.
MOTION: Bye moved, seconded by Osterholt, to authorize' staff
to proceed with an application for items 2 and 3 as outlined in Staff
memo dated 9/29/78. Motion carried unanimously.
i
D. Report of Planning Director
1. Selection of a citizen to serve on the Planning Area Citizen Advisory
Committee for review of Community Development Block Grant Programs
MOTION: Osterholt moved, seconded by Meyers, to appoint Don Berne to serve on the Planning Area Citizen Advisory Committee for review of
Community Developme9t Block Grant Programs. Motion carried unanimously.
E. Report of City Engineer
1. Resolution No. 78-190, adopting the Metropolitan Waste Control Commission's.
current sewage control rules and regulations 4
d
t
MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 78-190,
adopting the Metropolitan Waste Control Commission's current sewage control
rules and regulations . Motion carried unanimously.
i
Council Minutes - 14 - iues . ,uctooer s, tyics
2. Receive Feasibility Report of sanitary sewer services to the Super
Valu headquarters site and adjcant Properties, I .C. 51-332
Resolution No. 78-196)
MOTION: Osterholt moved, seconded by Meyers, to adopt Resolution
No. 78-196, receiving the feasibility report and calling for
a Public Hearing for Wednesday, November 8, 1978, for I .C. 51-332.
Motion carried unanimously.
F. Report of Finance Director
1 . Payment of Claims Nos . 1642 - 1782, and continued Claims from 9/19/78 -
1492, 1568, 1577, 1592 and 1596
MOTION: Osterholt moved, seconded by Meyers, to approve Payment of
Claims Nos. 1642 - 1782, and continued Claims from 9/19/78 - I492,
1568, 1577, 1592 and 1596. Roll Call Vote: Osterholt, Meyers, Bye
and Penzel voted "aye Pauly "abstained". Motion carried.
IX. NEW BUSINESS
A. Vacation of Old Valley View Road which was item 12 in the "For Your
Information packet
MOTION: Osterholt moved, seconded by Meyers, to direct staff to draft a
letter to be sent to Hennepin County reminding them of Eden Prairie's
potential loss of its road connection to Valley View Road. Motion carried
unanimously.
' B . Discussion on evening or Saturday hours for City Hall to be open
General discussion took place as to either evening hours or maybe a few
hours on Saturday for City Hall to be open to accommodate those residents
who are unable to come in during weekday hours between 8:00 AM and 4: 30 PM.
A further suggestion was made that it be publicized when City Hall will be
open for voter registration either some evenings or certain hours on Saturday.
X. ADJOURNMENT
MOTION: Osterholt moved, seconded by Penzel , to adjourn the Council meeting at
11 :40 PM. Motion carried unanimously.
d y
• Y 1 ay' "?P �_
Mustud
a o O o a tll °
0 FV@0 0 Q1 0
October 3 1978
Mr. Frank Thomas
Representative of some Garrison Forest Homeowners
9785 Garrison Way
Eden Prairie, Minnesota 553 •t►
. a.
Re: Prairie East 7th Addition
Dear Mr. Thomas:
I am writing you to outline what Hustad Development .;Co pax4tioxa► ;
' and Windsor Development Corporation � pr+egsred to c'estuct`.
„,!Wor preserve along the northern � of the . Ad+c�itIon si#.e.:
You and your neighbors have express caaaeerns end de± e t :W, 04L�a+o�i
and me on a number of occasions. The I.etes#. meets. Mawtc aY ,
was very helpful to me in gaining an underetaxidt Aa. whsit,�s tit {
�.
mast sense. '
HDC and WDC propose the following:
1 To preserve no less than a ape "natural. wood4l, 'wea *W�C!is.. �gqu�h
areas currently exist along the baelWardo
2. The building set backs illustrated on the , 'be the
mir4mum distances from. building to, proP®tty 1*7s'
• •. b t� x �Fy P-! 4
3• Along those lots where additional: l.andsaa SAL
enhance the separation g the developer wild: trans a v4rloty of-
native shrubs, pine and deciduous trees. The Intent is to party. �
screen and soften the views between the hoow e
k. The developer will regrade the area adjacent to the lots in
Garrison Forest which border the small depression. Also, the
developer will tranrrplant a variety of shrubs- and trees tohat, will
soften 1,he veiw between homes.
42750 P!C)NEER TPURIL EDEN PaAiR1E, MlINESOTA " il - � :'
v
The developer will work with the residents in GarrILeon Forest tv -
design the buffer and place the plant material. . apt. we '1411. ice,
every effort to preserve as many mayor trees as Pp* ' an t,60.littm .
I believe these points pretty much cover our d3. s, -'
Thank you, for your help.
Sincerely, r
Y' r
f
Richard A. Putnam
Husta( Development Corporation
* '
.vYM, L
OAF/EIS F
cc: Roger Ulstad
John Woodland
! T 33
k I
}
( f n
0
r Uctober 2, 19'/6
t;ity of tden rrairie
`?950 &:den rrairie &toad
Eden rrairie, inn. 55344
l!3 The members of the ui ty uounc it
Re : Windsor vevelopment • s Seventh Addition
vur property backs up to the proposed addition - on the
Laurel vrive side . when purchasing our land , we were told
r
that the area in discussion was to be a park area where our
children could play, oy giving this buffer-zone land to a
F
townhouse homeowners association, you are in effect saying '
that our children will not be allowed to use the area. Since
the promise was made to us and influenced our decision to
build here, this hardly seems fair. I am aware that you are
not responsible for a builders promises, but you should
know what all of us expected.
we are aware of the reasons why you do not wish the land
to be publicly owned. If the land were left wild except for
the bike path, there would be no need for much maintenance -
and the area could at least be used for nature-appreciation
uses.
As far as the liability for water-related accidents is
concerned, Edina, Bloomington, Minneapolis, and other suburbs
have purposely proposed and built parks around bodies of water.
i
Why can't we also?
In summary: we advocate passing the seventh addition
on these conditions:
1. Installation of water-control at mouth of pond
2. Ins alllati of bike path with n a c s path to the
rst ac�cition between hots 39 and
3. Buffer-land between 1st and 7th addition be PUBLICLY-OWNED.
4. Landscape screening be Exactly described and recorded
in City Council minutes so that verbal commitments
/ are documented.
M Thank you.
Tod and Susan Short
10101 Laurel Drive (Lot 35)—
3 Eden Prairie, Mn. r L EY,Gsrr