City Council - 11/21/1978 APPROVED MINUTES
EDEN PRAIRIE CITY_ COUNCIL
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TUESDAY, NOVEMBER 21 , 1978 7: 30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzei , Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ul stad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director
of Community Services Bob Lambert; Engineer
Carl Jull ie; 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
The following items were requested to be added to the agenda under the
"New Business" category:
A. Joint Powers Agreement with the Minnesota Department of
Transportation
B. Oral report on Ridgewood Condominiums/Ban Con Development.
Corporation
C. Memo from Staff regarding membership in the Eden Prairie
Historical Society
D. Letter from Ehlers & Associates on Housing Finance Bonds
MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE COUNCIL MEETING HELD TUESDAY, OCTOBER 17, 1978
Pg. 3, 4th para. , 6th line, strike "estate".
MOTION: Pauly moved, seconded by Osterholt, to approve the minutes of the
October 17, 1978 Council meeting as amended and published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. Set Public Hearing for Thrift-Way Stores, rezoning from Rural & C-Highway
to Commercial-Regional-Service, for December 5, 1978.
MOTION: Osterholt moved, seconded by Meyers , to approve item "A" on the
Consent Calendar. Motion carried unanimously.
Council Minutes - 2 - Tues. , November 21, 1978
IV. PUBLIC HEARINGS
A. Bluff's West 2nd Addition by Hustad Development Corporation, Dr. & Mrs.
Brandt and B.F. I.� Request for rezoning from Rural to R1-13.5 on 97
acres�0rdinance No. 78-41 and Resolution No. 78-154) Continued Public
Hearing from October 17, 1978
City Manager Ulstad stated i ty Staff as of this date has not developed
a proposal or recommendation for the Council to consider relative to the
acquisition of a park site in the area under consideration. However,
Staff has been visiting with the proponents during the week.
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Dick Putnam, Hustad Development Corporation, explained the plan for
Bl uff's West 2nd Addition is essentially the same as proposed on
October 17, 1978. The concerns raised by the Council involved the
percentage of lots that would be under 13.5 which was proposed to be
24 to 25%. Hustad would move to reduce this percentage if in fact the
plan in this state or a modified state were approved. The biggest
question evolved around the park, and Mr. Putnam stated he could not
answer this concern as this was to be negotiated between the City and
BFI .
Penzel requested that Mr. Putnam comment on the Counci 1 's concern
of a potential combination of the two tot lot sites into a more
centrally located single site. Putnam replied what he heard at the
last Council meeting was feeling on both ways, and that Hustad would
propose it as two tot lot sites .
! Meyers recalled at the last Council meeting Mr. Osterholt requested an
overall map showing the general development scheme for the .entire area
of the community from Homeward Hills and Pioneer Trail down to Riverview
Road and Highway No. 169, and questioned if this had been accomplished.
Mr. Putnam displayed a concept plan for the area which thus far has
only been used at Hustad's offices.
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After reviewing the concept plan, Osterholt stated it is more apparent j
now than ever the City should have some understanding as to what is going to
happen regarding the park site that will have to serve the number of homes
as referred to by Mr. Putnam, and we have not come to an understanding
as yet.
Lambert stated he has not talked to BFI since he received their quote
of $10,000 an acre, and decided not to contact them until he has the
appraisal or something to negotiate from. Lambert explained he talked to
Mr. Putnam and Mr. Ostenson of Hustad Development Corporation last week
about the possibility of considering taking land rather than cash park
fee in the Bluff§ West 2nd; however, it all got back to how much is the
land worth. It was decided this too had to wait until we receive the
appraisal .
Osterholt commented he would like to have the appraisal before making
a decision, and also would like to see a more definitive overall plan for
the area. Penzel agreed as the Council has asked consistently for the last
two months that a reasonable and well-reasoned- response be made to the
request regarding a park site, and he does not believe that has been forth-
coming as yet. Penzel concurred with Mr. Osterholt that it would not be
appropriate for the Council to take final action on this request this
evening.
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Council Minutes - 3 - Tues ,"November 21, 1978
A. Bluff's West 2nd Addition (continued)
Meyers referred to item which has been in the news the last few days
regarding the concern from landfill sites around the country and the knowledge
that there are illegal and dangerous wastesbeing disposed of in landfill
areas . There is a community close to Niagara Falls where recently
many homes had to be evacuvated because now after a short period of years
the toxic chemicals are leaching through the soils and the ground water and
have contaminated this area and are making people very ill . In a report
on the radio this evening the Federal Environmental Protection Agency has
ust checked some 600 plus landfills throughout the country and found that
everyone of them is causing toxic contamination through the ground and
water supplies . Meyers stated she does not know if this report included
the landfill in Eden Prairie. Further if there are water problems at the
landfill and storm ponding areas necessary to prevent washouts and runoff,
Meyers wondered if sometime before final action is taken on this proposal
if staff could check this out to see if there is a hazard in allowing develop-
ment in this area.
Jullie responded the Metropolitan Waste Control Commission has done some
study in this area and they have identified leacha to as a problem and are
trying to come up with a program of surface covering that would be impervious
to prevent surface water from filtering down through and leaching out of
the landfill . Jullie stated he would research this problem as requested by
Councilwoman Meyers and would report back to the Council .
MOTION: Pauly moved, seconded by Osterholt, to continue the Bluff's West
2nd Addition to the December 5, 1978 Council meeting. Motion carried
unanimously.
F =PORTS OF ADVISORY COMMISSIONS
o reports.
'ETITIONS, REQUESTS & COMMUNICATIONS
A. Charlson Estates by Lynn Charlson, request to preliminary plat 60 acres
into 10 lots for single family development on Rural 2onin Site is
located west of Eden Prairie Road and east of Riley Creek Resolution
No. 78-212)
Richard Sath re, P.E. , McCombs-Knutson Associates, Inc. , representing
Lynn Charlson, spoke to the request for preliminary plat and stated they
will direct the runoff away from the slopes.
City Planner Enger explained the preliminary plat for Charlson Estates,
along with the Environmental Assessment Worksheet, were reviewed at the
October 23, 1978 Planning Commission meeting and the request for preliminary
plat was recommended for approval on a unanimous 7 - 0 vote. It was also
reviewed by the Parks , Recreation & Natural Resources Commission on November
6, 1978 and received a recommendation of unanimous approval . Both approvals
were contingent on the October 16, 1978 Planning Staff Report which Mr.
Enger reviewed with the Council .
Bye stated this is a fine project and he is pleased to see the southwest
area show some signs of being developed. However, Bye commented, the
proponents are looking at 5 acre tracts and he doesn' t want the Council until
the update of the Guide Plan to completely zero in or set a precedent that
this is the acreage needed to build on in Rural zoning.
Ccur. :il Minutes ` - 4 - Tues. ,November 21, 1978
A. Charl son Estates by Lynn Charl son (continued)
Osterholt explained there has been some discussion at previous meetings
where it was suggested we have minimum side yard setbacks, and wondered if
in larger lot situations we could'Vhave a limitation to where the home would
be built within a certain distance of a lot line.
Sathre responded if he were building there, he doesn't think he would build
on either end, but would look at a plan and try to build on a lot. He
would want to stay on the middle of his property more than on the end.
Sathre stated there is enough flexibility in these lots so the lines could be
moved somewhat. Does not think in large 5 acre pieces it is that critical .
Bye noted the Council has not made a judgement as to the proper size
requirements outside of the M.U.S.A. line,and asked if it were 2 1/2 acres
would this change the proposed plat? Sathre answered in the affirmative.
Bye stated he would not like the Council to grant this request if this
would set in effect an ordinance because we granted the request.
Penzel explained property division is always possible as long as you are not
trying to violate existing ordinances . We are not talking about adopting
an ordinance this evening, we are talking about permitting a plat in a rural
zone - no change in the zoning characteristics of the property, just a
subdivision of land. Should that criteria for that subdivision under a new
ordinance in the future change, then that same property would be eligible
for such a subdivision again.
MOTION: Bye rneved, seconded by Meyers for purposes of discussion, to adopt
Resolution No. 78-212, approving the preliminary plat for Charlson Estates.
Meyers asked the following questions: 1) What is the size and purpose of
Outlot "A" ? 2) Are the Shoreline requirements met? 3) Staff recommends
a 300 foot scenic easement, but the report itself calls for a 860 elevation is it going to be one or the other, and which one?
Sathre responded to the first question raised by Meyers . The proponents
have not spoken to Outlot "A" specifically. It would be best combined for t
future development with land to the north and west. It would be held now
until it is conveyed to somebody.
Enger responded to questions 2 and 3 raised by Meyers: The proponents do
meet the guidelines of the Shoreline Management Act. The creek would be
considered a general development water and residential units on private
septic systems would be required to be 200 feet back from the creek and they
are in excess of 200 feet. The scenic easement and dedication would certainly i
take care of that. The scenic easement would require they be 300 feet back.
Above and beyond that the acreage requirements of the Shoreline Management
Act is 1 acre for a private system adjacent to a general development water.
They are in excess of what they need to be for the Shoreline Management Act.
The intent is to have the scenic easement 300 feet from the center line of the
creek.
Meyers asked that the following be added to the. recommendations: "That the
deadend streets be signed as future through streets because these are the
ones that come in 10, 12 and 15 years later that the City has the most
trouble with."
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Council Minutes ` - 5 - Tues . ,November 21, 1978
A. Charlson Estates by Lynn Charlson (continued)
Clarence Brandell , who is interested in an 8 acre tract close to the
area under consideration, expressed •concern about the 300 feet of scenic
easement along the creek as he woulbn' t have any land left.
Enger replied the intent of the 300 foot scenic easement was not just to take
a 300 foot swath, it is more related to the steep wooded character of the
slope.
Wes Laseki , property owner, commented he is not sure what the 300 feet
of scenic easement does except cause confusion for prospective purchasers
of land. He believes the Council would be setting a serious precedent
for himself and future prospective landowners with the 300 foot scenic
easement. What this does is tell the marketplace that out in Eden Prairie
you have a 300 foot requirement and it is going to diminish the value of land
that follows the creek. Laseki further questioned how will the City
describe the 300 foot- easement in the resolution.
Enger responded the 300 foot easement applies to the steep slopes and Staff
feels that the steep slope in most cases was fairly unbuildable anyway.
Os terholt stated he doesn' t think the Council should take action on this matter
until some of the facts have been determined as to whether we are within our
rights and that due process is being followed.
City Attorney Pauly explained we have some distinction in this matter between b
concept of taking and the concept of giving, and the proponents of this
plat apparently are in agreement with the dedication o-O' the 100 feet on
either side of Purgatory Creek, the creation of covenants and restrictions
running with all of the land, and also with respect to the scenic easement
of the 300 feet. There won't be any taking in the sense that the proponents
are voluntarily agreeing to impose those conditions, so we don't really have
a question as to taking here with respect to this property so long as the
proponents acquiesce. This is an action on this particular property, it is not
in the form or guise of an ordinance. At the time these other gentlemen
come in to develop their property, they may or may not acquiesce. The
platting under consideration should not serve to create a precedent.
Bye requested Resolution No. 78-212 be amended as follows : Strike all
language in the 4th line beginning with "hereto" to the 7th line through
"and" . Council members concurred with Bye's amendment.
Meyers called the previous question.
VOTE ON MOTION: (Resolution No. 78-212 as amended) . Bye, Meyers, Pauly
and Penzel voted "aye", Osterholt "abstained" . Motion carried.
MOTION: Pauly moved, seconded by Bye, to direct Staff to draft a
developers agreement incorporating recommendations of the October 16, 1978
Staff report and Meyers recommendation that the deadend streets be signed
as future through streets. Motion carried.
C MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 78-227,
approving the Environmental Assessment Worksheet for Charlson Estates.
Motion carried unanimously. A
Council Minutes - 6 Tues . ,November 21 , 1918
B. Request from Suburban_ National Bank for an eighteen month extension
on their agreement for their Autobank at 11401 West 78th Street
City Manager Ulstad spoke to request as outlined in Mr. Terwilliger's
communication dated November 10, 1978.1.
MOTION: Osterholt moved, seconded by Meyers, to approve the request
from Suburban National Bank for an eighteen month extension on their
agreement for their Autobank at 11401 West 78th Street as per
communication from Roy Terwilliger, President of Suburban National
Bank, dated November 10, 1978. Motion carried unanimously.
VII . ORDINANCES & RESOLUTIONS
Resolution No. 78-213, granting preliminary approval for MIDB's for
Eden Hills Compaq
City Manager Ulstad explained the proponents called this afternoon
and requested that this item be continued to a future Council meeting
as they have additional information to be submitted to the Council .
MOTION: Osterholt moved, seconded by Bye, to continue Resolution
No. 78-213, for MIDB's for Eden Hills
Company to a future agenda. Motion carried unanimously.
B. Resolution No. 78-214, authorizing the Mayor and City Manager to enter
into a contract with Hennepin County for administering home improvement z
contracts
City Manager Ulstad explained it is necessary for the Council to consider
Resolution No. 78-214, the same type of resolution adopted Tast year by
our City Council , in order for residents of Eden Prairie to apply for
said loans if they so qualify.
Penzel requested that the guidelines for receiving such loans be made
available to the media .
Enger commented Eden Prairie did have a couple of applicants last year,
but the applicants were not eligible as they did not meet the income or
real property criteria . Enger further noted we have already received
one qualified applicant this year in the Smetana Lake area .
MOTION: Meyers moved, seconded by. Pauly, to adopt Resolution No.
78-214, authorizing the Mayor and City Manager to enter into a contract
with Hennepin County for administering home improvement contracts .
Motion carried unanimously.
VII1 . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
No reports.
B. Report of City Manager
1. Meeting with Major Center Area property owners
Ulstad referred to meeting held this afternoon from 1 : 30 PM
�aU�l to 4:00 PM with property owners in the Major Center Area
relative to the preliminary recommendations that the Council
C. 11 Minutes — - 7 - Tues. ,November ?1 , 1978
1. Meeting with MaJor Center Area property owners (continued)
approved back in June of this year. Had a good discussion
with the 12 property owners in the MCA 'who were present at
the meeting this afternoon, and nit was their request, together
with ours, that we continue this meeting to December 5
at the same time to discuss some of the differences of opinions
that developed this afternoon. Mr. Ulstad stated he would
report back to the Council at the December 5th Council meeting regarding
the afternoon meeting.
2. Updated Guide Plan
Ulstad explained Mr. Enger has completed the draft of the
updated Guide Plan and asked Council direction as to what
commissions should review same.
It was the consensus of the Council members that the updated
Guide Plan be submitted to the Planning Commission, Parks, Recreation
& Natural Resources Commission, Human Rights & Services Commission
and the Development Commission, and also offer same to the
Historical and Cultural Commission if they so desire to review
the updated Guide Plan.
C. Report of City Attorney
No report. f
D. Report of Planning Director
1. Expiration of 4/5 Planned Study zoning of properties in NE,
SE and SW quadrants Ordinance No. 77-35
Enger explained what has happened in the last couple of years
in the intersection of #4 and #5 we have a certain amount of land
that lapses out of the Planned Study designations. Enger suggggested
that the Council set a Public Hearing date of December 19, 1978 to
consider placing certain properties in the northeast, southeast,
and southwest quadrants of 4/5 back into Planned Study.
MOTION: Bye moved, seconded by Osterhol t, to set a Public Hearing
for December 19, 1978 for reinstating certain properties in the
northeast, southeast and southwest quadrants of County (toad #4 and
Trunk Highway #5 back into Planned Study. Motion carried unanimously.
E. Report of Director of Community Services
1. Anderson Lakes Joint Master Plan
Director of Community Services Lambert spoke to his memo dated
November 16, 1978, and introduced Mr. Cliff French, Superintendent
of the Hennepin County Park Reserve District, and Mr. John Christian,
f Administrator of the Park Reserve.
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Mr. French spoke to the proposed 1978 Joint'Master Plan dated
September, 1978, and answered questions of Council members. Numerous
concerns were expressed by Council members.
f Minutes - is - i ues . ,iaov%,--er 41 , i y
1. Anderson Lakes Joint Master Plan (continued)
MOTION: Meyers moved, seconded by Osterholt, to relay any concerns
or questions on to Director of Community Services Lambert
allowing him time to answer these questions and report back to
the Council . Further that Mr. Lambert prepare a more specific
proposal as to the specific use and joint management of the
Eden Prairie portion of the site for Council 's consideration
at the earliest possible opportunity. Motion carried unanimously.
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F. Report of City Engineer
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1. Approval of specifications and authorization to advertise 1
for bids on sewer jetting and eductor machines and rotary
mower
Ci-ty Engineer Jullie spoke to his memo dated November 17,
1978, recommending the Council consider .approval of the
specifications for the jetter, eductor and tractor mower
and ordering advertisement for bids.
NOTION: Osterholt moved, seconded by Bye, to approve
the specifications and authorize the advertisement for
bids on sewer jetting and eductor machines and rotary
mower as per Engineer's memo dated November 17, 1978.
Motion carried unanimously.
Re o� rt of Finance Director
1. Payment of Claims Nos . 2112 - 2238
Councilwoman Pauly commented on Claim No. 2112 - Postage
for mailing Precinct maps, as she did not receive her map
until Thursday, two days after the election. Other residents
had also indicated to Pauly they received their maps after the
election also.
Penzel suggested Staff inquire with the Hopkins Postmaster
as to how they determine when to deliver this type of mail .
Meyers requested that Claim No. 2136 indicate "Memorial Donation
rather than just the word "Donation".
Pauly asked City Engineer Jul l i e to check with Paul Choi niere
regarding concerns he has regarding work done by RCM (Claim No.
2218).
MOTION: Osterholt moved, seconded by Bye, to approve Payment of
Claim Nos. 2112-2238_ . Roll Call Voter Osterholt, Bye, Meyers and
Penzel voted "aye" , Pauly "abstained". Motion carried.
I Minutes - 9 - Tues . ,November 21, 191r�
2. MIDB Guidelines (Resolution No. 78-215)
Finance Director Frane referred to the MIDB Guidelines suggested
for adoption by the City Council , which have been read and
scrutinized by City Attorney Pauly and himself. Mr. Frane
and City Attorney Pauly answere8 questions of Council members.
Bye spoke in favor of the guidelines as being a safeguard for the
City being that they clearly represent to those applicants what
the City e;pects of them.
Changes were suggested by Council members to be incorporated into
the guidelines.
MOTION: Osterholt moved, seconded by Meyers, to refer the
information on the MIDB Guidelines to the Development Commission
for their comments, and also to Mr. Ehlers, the City's financial
consultant, for review and recommendations. Motion carried
unanimously.
3. Engagement of Auditor for the 1978 AL;it
City Manager Ulstad explained the City sent out 8 invitations to
auditing firms in the metropolitan area, and out of the 8 we R
received 4 responses and quotes from firms and/or individuals
that would propose to do the audit for the City of Eden Prairie
for 1978. All firms responding were very capable qualified
firms and that two of the firms do have their business within the
City of Eden Prairie.
- Ulstad stated it is his recommendation that the Council, consider
the firm of Fox, McCue & Murphy to provide the 1978 Audit for
the following reasons: 1) Experience in municipal accounting;
2) Principals of the firm will be doing the audit; 3) The firm 4
has a permanent office in Eden Prairie; 4) The firm has - j
sufficient manpower to complete the audit by June 30 as provided
by State Statutes; and 5) Total combined experience of 25 years .
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Greg Murphy, George M. Hansen Company, appeared before the Council
expressing his firm's desire to continue to conduct the audit for
City of Eden Prairie for 1978 as they have had the privilege to do
over the past several years.
MOTION: Osterhol t moved, seconded by Bye, to engage the auditing
firm of Fox, McCue & Murphy as recommended by City Manager Ulstad
to conduct the 1978 audit. Motion carried unanimously.
MO 'ON: Pam_ moved, seconded by Bye, to continue the Council meeting past the 11 :30 PM
ad urnment time. Motion carried unanimously.
IX. NEW BUSINESS
A. Joint Powers Agreement with the Minnesota Department .of Transportation
Penzel explained in order to -get the intersection on Highway 5 and West
78th Street accomplished, the Highway Department has informed us they
cannot make available engineering staff to make the designs, but they
will reimburse the City if the City will enter into a Joint Powers
Agreement with them and if the City will engage the engineer to make
the designs.
Coun;:il Minutes - 10 - Tues. ,November 21, 1978
A. Joint Powers Agreement (continued)
MOTION: Osterholt moved, seconded by Bye, to authorize the City to
enter into a Joint Powers Agreement with the Minnesota Department of a
Transportation. Motion carried unanimously.
B. Oral report on Ridgewood Condominiums/Ban Con Development Corporation y
City Manager Ulstad stated Ridgewood Condominiums has now served the
City with a Surrrnons and Complaint and they have also included in the
Summons and Complaint the Ban Con Development Corporation.
C. Memo from Staff regarding membership in the Eden Prairie Historical
Society
Penzel recommended that the City as an organization join the -
Eden Prairie Historical Society.
MOTION: Bye moved, seconded by Pauly, to authorize the expenditure
of $25.00 for the City to become a member of the Eden Prairie
Historical Society. Roll Call Vote: Bye, Pauly, Meyers, Osterholt
and Penzel voted "aye". Motion carried unanimously.
D. Letter from Ehlers & Associates on Housing Finance Bonds
C
Meyers referred to recent letter from Ehlers & Associates regarding
HoLsing Finance Bonds and asked if the City could use the program.
`- Bye suggested inviting Ehlers & Associates or Piper, Jaffray &
Hopwood to a Council meeting to make a presentation on this type of
financing.
iJOURNMENT
NATION: Meyers moved, seconded by Pauly, to adjourn the meeting at 11 :50 PM.
Motion carried unanimously.
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