City Council - 02/06/1979 c
,APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
UESDAY, FEBRUARY 6, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: Acting City Manager John D. Frane; City
Attorney Roger Pauly; Director of Community
Services Bob Lambert; Planning Director
Chris Enger; City Engineer Carl Jullie;
City-Forestor Stuart Fox, 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 changes were requested to be made to the Council Agenda:
A. Item VII . A. to be moved to the Consent Calendar (Resolution No. 79-30)
B. Item VIII. G. to be moved before item VIII . A.
{ C. Removal of item IX. F. 2. from the Council Agenda
D. Addition of item VIII. I . to the Council Agenda to read: "AppointmentE
�` - - to the Citizens Advisory Connission on able-TV
E. Correction of 1e6a1 description of the West 78th Street right-of-way
abutting The Preserve property to be added as item IX. F.3
F. Discussion on Eden Prairie In Action under "New Business" category
MOTION: Osterholt-moved, seconded by-Redpiath- - to approve the agenda as amended
and published. ' Motion carried -unanimous y.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY9JAtJUARY 16; - 1979
Pg. 13, 2nd para. , rephrase motion to read as follows: "Redpath moved, seconded
by Osterholt, to direct Director of Community Services Lambert and Staff to identify
possible sites in the Topview area for a neighborhood park. Motion carried
unanimously. "
Pg. 14, under item F. 3, 2nd para. , lst line, strike "properties" and insert
in lieu thereof "equipment and property".
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the
January 16, 1979 Council meeting as amended and published. Osterholt, Redpath,
Edstrom and Penzel voted "aye", Pauly "abstained Motion carried.
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Council Minutes - 2 - Tues. ,February 6, 1979
III. CONSENT CALENDAR
A. Clerk' s License List
B. Accept utilities in the Raven Ridge Addition
C. Amend cost participation agreement with D.O.T. for T.H. 169 project Y
Resolution No. 79-35
D. Final plat approval for Meadows 3rd Addition (Resolution No. 79-38)
E. Receive 100% petition and order improvements for Mitchell Lake Estates, .,_ ..
I . C. 51 -342 Resolution No. 79-33
F. Receive 100petition and order improvements for Chatham Woods I .C. 51-343
Resolution No. 79-34
G. Order feasibility report for T.N. 5 Frontage Road from Fuller Road to
County Rudd 4, I .C. 51-JJu fjYICSVIULIon 170. /9-37J
H. Resolution No. 79-40, participating in Minnesota Cities Week
I. Resolution No. 79-30, requesting Local Planning Orant Funds from the
Metropolitan Council formerly item VII. B.
MOTION: Redpath moved, seconded by Osterholt, to approve items A - I on the
Consent Calendar. Motion carried unanimously.
( IV. PUBLIC HEARINGS
A. Removal of diseased trees on 'private property (Resolution No. 79-37)
Acting City Manager Frane explained proper notices have been sent to property
owners affected by this Public Hearing,
Director of Community Services Lambert spoke to memo dated February 1 , 1979,
recommending the Council require abatement of the trees on the list provided
to Council members. Lambert explained the City is down to about 16 property
owners that have not removed the trees to-date. Therefore the next step,
according to the City's ordinance, would be to have the trees removed and
the property assessed.
Edstrom questioned if the City advertises for bids and the bids are accepted,
what happens if some trees are taken down by the property owners prior to actual
removal by the successful bidder. Lambert replied the City has to advertise
for bids through contractors giving them an approximate number and they will
bid on that number, and the City will have to pay the full amount.
Frane explained the contract documents could be so constructed that the contract
would be bid on a per piece basis as opposed to a lump sum, i .e. , if the
contractor removes 100 trees he would get paid for 100 trees.
Donald Peterson, Edenvale, commented he would be agreeable to a per piece
basis as outlined by Mr. Frane.
Russell Marsh, 6509 Baker Road, explained he has about 40 trees to be taken
down and requested an extension of taking his trees down closer to April 1 ,
and also requested staff cooperate in helping people to get burning permits. .
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Council Minutes - 3 - Tues. ,February 6, 1979
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A. Removal of diseased trees on private property (Resolution No. 79-37)
Continued
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City Forester Stuart Fox stated he would be willing to help Mr. Marsh
fill out the application for a burning permit.
Penzel acknowledged he would be inclined to grant Mr. Marsh the extension
to April 1 1 given reasonable assurance that the job actually will l P 9 � y get done, ;
as there is a State law in effect which does require the City to remove
the trees prior to April 15.
Penzel pointed out the list shows 9 trees for Mr. Marsh, the others being
left over from 1977. Fox commented the trees left over from 1977 that were
not removed are beyond the stage of harboring beetles or providing breeding
habitat, thus the only trees Mr. Marsh would have to remove would the 9
which are still infected.
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MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing
and adopt Resolution No. 79-37, ordering a public improvement for the
removal of diseased trees, with the understanding that th, ctaff. ::i11
cooperate with the property owners that wish to obtain burning permits or
other ways of removing trees prior to April 1 , 1979. Motion carried ,
unanimously. ,
B. Super Valu Shopping Center at C . Rd p Pp 9 a 18/Anderson Lakes Parkway, request to
preliminary plat and rezone from Rural to C-Gomm_ 10 acres located in the
SW quadrant of Anderson Lakes Parkway and Coup Road 18 Resolution No.
79-22 and Ordinance No. 79-01
Acting City Manager Frane explained approximately 350 notices have been sent
to property owners adjacent to and in the near vicinity of the proposed
project.
Jim Ryan, Ryan Construction, owners and developers of the proposed shopping
center, spoke to the proposal requesting approval for a 75,000 foot neighborhood
mall shopping center. Mr. Ryan displayed a model of the project and introduced
Nick Ma zany,representing Planmark Architects who will be doing the engineering
and architecture, and John Boyle, representing Su er Valu, Mr. Ryan commented
Super Valu has taken a position with staff that l� Super Valu is as interested
as staff in the improvements at the intersection which would include a
semaphore, and 2) Super Valu will bear the full brunt of the expense of Eden
Prairie's share of the intersection and widening. There are also plans for
expanding Anderson Lakes Parkway into a full park status and Super Valu would
assume the full share of the improvements to that road, hopefully on a basis
that would be assessed to Super Valu and not to exceed a figure of $70,000.
Further City Staff has met with Bloomington and there has been a change requeste
of Super Valu in the last few days that would involve additional taking of
property. Super Valu has evaluated this and are prepared to agree to this
additional taking. By doing this with the required setbacks, there is a
potential loss of parking. Super Valu has a ratio presently of 6.65 cars per
thousand with the original 65,000 feet.,and 6 cars per thousand with their future)
addition. That ratio seems comfortable to City Staff and it is higher than
some of the existing retail in Eden Prairie. Super Valu would propose not cutti
down that parking as they have some room to push down the. blacktop area towards
!` County Road #18. The only potential problem they have is a building setback
of 50 feet off the property line. At this point they are down to a 35 foot set-
back for their garden store. If possible, Mr. Ryan commented, Super Valu would ,
like a variance and, if that is not possible, they would incorporate that space
in changing the configuration of the remaining portion of the center.
Council minutes - 4 - Tues. ,February 6, 1979
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B, Super Valu Shopping Center (continued)
City Planner Enger explained this project was reviewed by the Planning
Commission on 2 separate occasions, the last meeting being 7/24/78. At that
meeting the Planning Commission recommended to the City Council approval of the
rezoning and preliminary platting of this approximately 10 acre site from Rural
to Conununity Commercial subject to the items in the 6/9/78 Planning Staff
Report, and subject to intersection improvements made at Anderson Lakes Parkway
and County Road #18 prior to the opening of the Center. Enger stated the
primary reason why this project has been so long in coming to the City Council
is that Super Valu and Ryan Construction agreed to wait through the study and
design period by Hennepin County of the intersection. City Staff believes
most of the problems with the intersection are fairly well answered and a
solution on the way. The intersection improvements take the form of a widening
of County Road #18 to accommodate turning movements and by-pass movements and
cutting down the hump in the road north of the intersection on Co. Rd. #18
for more adequate site distance and installation of temporary signals. Enger
noted Hennepin County informed City Staff that this work could progress this
summer as maintenance and safety improvements, but that they were asking
i ur' pai`t i c i Elan ion bji "Ers Prairie ai d u?vviiiiii�J+vi: 4e. the C.;,irrnIrinriing f llmmiln7 t 1es ,
Eden Prairie' s very preliminary estimates of the work anticipated by City
Staff is somewhere in the range of $50,000 - $70,000, which could be the City's
share of this improvement. This improvement, of course, is hastened by any type
of development at this corner, but is necessary at this time regardless of
future development because of the condition of County Road #18. Ryan Construc-
tion, as the primary owner in this project, has agreed to bear the brunt of the
City' s share of the intersection imprevernents up to a cost of $70,000, which
the Staff feels comfortable with. Enger commented Bloomington did not pass
a resolution in support of the intersection where it exists today, rather they
( passed a resolution contrary to that. Bloomington, of course, is ancitipating
' or hoping that County Road #18 would become a freeway and to that end they are
not in favor of interim money being spent on County Road #18 for fear of putting
off freeway construction. Eden Prairie and the Metropolitan Council have not
taken the position to-date of advocating a freeway on County Road #18, rather a
four-lane atgrade signalized road possibility.
Mr. Enger further stated Jullie and. Ulstad have met with representatives of
Bloomington on various occasions and within the last week we have an agreement
at their staff level that by moving the intersection another 50 feet further
south to correspond with their plans, that the intersection improvements
would be acceptable to therm. Enger commented as Mr. Ryan indicated, the
proponents can provide the additional right-of-way as necessary to accommodate
the intersection improvements. In addition the Planning Commission recommended
that the lighting in the parking area be of a low canopy residential nature
not to exceed 20 feet, which Super Valu and Ryan Construction have agreed to.
Main items of concern at the Planning Commission were: 1) appearance of the
building, 2) safety problem, and 3) treatment of the parking. In the 1968
Guide Plan this area was too general and not specifically shown, as commercial .
In the Preserve PUD this area wasn' t shown as commercial , it was shown as medium
density residential to high density residential . The proposed City consultant
and staff suggested guide plan illustrates this a potential site for either
conununity commercial scale use of 100,000 to 200,,00n square feet of commercial ,
or a neighborhood commercial use. Staff feels from planning standpoint this is
an appropriate area for a community scale shopping center.
John Wolcott, 9505 Garrison Way, presented a petition and letter from Tony
Faranda in opposition to the proposed project and spoke to same. Wolcott
cited reasons for opposition: 1) traffic patterns that could be established
as a result of people crossing over from one end of Eden Prairie to the other,
one end of The Preserve to the other, and one end of West Bloomington to the
other end of Eden Prairie; 2) congestion;, 3,) lack of need. 4) possible
Council Minutes - 5 - Tues.. ,February 6, 1979
B. Super Va1cSipr, �p (continued)
deterioration of the Eden Prairie Center as a result of approval ; 5) duplication
of the stores already approved for the Center, and 6) the fact that when a lot
of these ideas were originally being tossed around much of the support
;might have been, generated by the fact that people in The Preserve had
no place to count on for food,but now at least one food store has-been- -
approved for the Major Center Area. Wolcott stated he feels the area might be
more suitably used for something like a residential/commercial mix, perhaps
a Seven-Eleven store and some twin homes or some nice townhouses, but definitely
not a shopping center as it is unneeded and unwanted.
The following residents also spoke in opposition to the proposal : Linda Flavin,
93GO Co.Rd.18, Frank Pfau, 9400 Garrison tJay; Fred Sh_uberg, 9405 Garrison lJay,
Ray Bieber, 9870 Garrison Way,^Mr. & Mrs. Gil bErstadt, 9480 Garri son Way, Larry
Reed, 9933 Laurel Lane, Robert Louisiana, 9525 Garrison Way, and Mike Ylinen,
9300 County Road #18. The following reasons were cited : noise, bought home
not knowing this area would be a large shopping center, center too large being
next to a residential neighborhood, traffic, young people would congregate i
around center an' f71 t tg. htt l.auSe p oblj el l-s , uuoiat .CivYa°.r .�u1 u E`V i:;� v,^�^ �
24 hours a day like some of their other stores are, property values would go
down, survey was misleading as it showed the majority of the traffic to be
on County Road #18 and that the proposal shown was for one or two stores not a large shopping center as now proposed, and further that the poll was
taken beforF Applebaum's was approved which satisfies most of the people in"the area polled.
Scott Northey, 9862 Linden Drive, spoke in support of the proposed project
�... and stated he would rather support something in Eden Prairie than going into
s. Bloomington and supporting their tax structure. Mr. Northey further stated
there are other people in his area in support of the proposal who were unable
to attend the Council meeting this evening.
Edstrom questioned where the poll was taken. John Gerts, The Preserve, respond
_ ed_ in Amsden Hills, Garrison, Sherwood Forest, Highpoint and Basswoods and
it covered -about a 1 1 --1/2 'mile area . Gerts also explained the poll was taken`
last May, and the response was-217 for the center and 105 against.
Councilwoman Pauly commented when you live on a state highway or on a county
road you are living on a highway that is there not to serve the neighborhood
but to serve the metro area and the state. It seems no matter what happens
traffic only gets worse and on County Road #18 it is going to get worse no
matter what goes in on this corner. The Preserve PUD approval calls for medium
to high density multiple. If it would go to multiple it would probably go to
high density multiple, or if the new guide plan is accepted there would be a
future intention of commercial at that corner, so it isn't going to be a park or
even probably single family homes. Probably design-wise and landscape-wise,
Pauly stated, the proposal under consideration is more attractive than a Tom
Thumb would be although it is a lot larger. As far as the impact is concerned,
if you had high density multiple you are going to have a lot of parking, a lot
Of people,and a lot of traffic and you are not going to have the convenience
of the stores. Impact-wise it is probably about equal to what high density
multiple would be with the shopping center. Both Tom Thumb and -the high density
multiple or a combination thereof is going to bring more traffic and yet
probably will not bring the stop light in quite as a quick and efficient way the
Super Val u will . If this proposal goes through and it is built and put into
place, it could turn out possibly to be about as popular and highly thought of
as the Prairie Village Mall in a very similar situation.
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Council Minutes - 6 - Tues. ,February 6, 1979
B, Super Valu Shopping Center Cconti,nuedl
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Councilman Redpath noted as a member of the Planning Commission at the time
! this proposal was considered he voted in favor of the shopping center,
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Redpath stated County Road #T8 is almost as bad as State Highway #5 traf€ic-
wi se. Somehow the_ traffic fic is going__to have to be broken up halfway down 44
County Road #i8. Eden Prairie cannot on their own put in the intersection with
the signalization and this is one way to get signalization and also a convenience
center.
y
Councilman Osterholt felt the traffie hazards haven't been resolved and until
we know exactly what is going to happen in that intersection we would be
in a better position to make a judgement. Osterholt also feels this center
would have an impact on the homes in the area and would tend to reduce the 4r
values of the homes that are adjacent to the property. If there is a lack in
this situation, it is there wasn't more planning done when Garrison Forest went
in and that piece of land at that time wasn' t decided exactly what was going to
be done. To put the homes in and come along now and say this is what you have t '
to accept ill the way of a Q11W iy �OntOr 'S real!%, An injllCti[P to the homes
that are there, and the section should not have been left with that piece of
ground unplatted or undesignated or left in limbo. Osterholt stated he does
not think the proposal under consideration is the highest and best use of the ?
land, and for the Council to say this is the only thing we can approve, would d
be a mistake.
Councilman Edstrom explained he has listened carefully to the views of the
residents in the area and quite well understands when there is vacant land
that people are not inclined to look at commercial or industrial development
or multiple development or anything more than a park or single family
development next to them. He also understands there may have been some state-
ments made by the people who are selling the homes in the area that ran
contrary to what is being proposed. On the other hand, Edstrom stated he
has looked at the needs we have in southeastern Eden Prairie. At the moment
we have no stores of any sort in that area and the population is growing
tremendously. Eden Prairie is faced with a dilemma on how to provide for the
needs of the people in the area. To suggest that the store at Eden Prairie
Center (Applebaum's) would adequately serve this area is questionnable in the
sense that the traffic build up_ that may result in Anderson .Lakes Parkway
filtering people from the southeastern section of Eden Prairie could create prob-
lems which really haven't been discussed. Edstrom further feels to rely on what
Bloomington may or may not do in the future, also keeping in mind that they may
adapt their plans to their view of County Road #18 as a freeway rather than as
a parkway or something that is more accept from Eden Prairie's standpoint, would :' '
leave us out of control with respect to the appearance and the transportation in
the southeastern section of our community. Consequently on balance, Edstrom
stated he is inclined to support the proposal .
Mayor Penzel-"'conuniented he does feel we have a traffic problem on Anderson Lakes
Parkway and County Road #18 and this proposal would be a step towards resolving
that issue as whether the center is built or not, signalization would be a
benefit. Under the given circumstances hi-does not believe we are assured
that the matter would be taken care of in an adequate manner. Penzel stated
he is not enamoured about the total size of the project that is proposed
t in relation to the neighborhood or its specific design as he is not convinced
it is not just a pasted over version of a strip mall . Penzel suggested to the
Council rather than make a final decision on this matter this evening which
might be a detriment to the community, that the proponent return to the drawing
board and review the proposal with the concerns in mind that were raised this
evening, and that City staff return to the discussion table with the County and
Bloomington until we have finally resolved the issue as to whether there will be
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Council Minutes - 7 - Tues. ,February 6, 1979
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B. Super Valu Shopping Center (continued)
participation from all of the proposed participants in the intersection
improvements.
MOTION: Redpath moved, seconded by Osterholt, to continue the Super Valu
Shopping Center Public Hearing to the March 6, 1979 Council meeting. Motion
carried unanimously.
C. Norseman Industrial Park Third Addition by Herleiv Helle, request to rezone
from Rural to I-2 Park and preliminary plat 5. 7 acres. The site is located
approximately 775' west of Washington Avenue and 1300' south of Valley View
Road (Resolution No. 79-23 and Ordinance No. 79-02)
George Hoff, legal counsel for Mr. Helle, spoke to the proposal and answered
questions of Council members. Hoff stated Mr. Helle agrees with all of the
staff recommendations made by City Planner Enger and approved by the Planning
Commission.
City Planner Enger explained this item was reviewed at the vanuary B, 19979 j
Planning Commission meeting and was recommended for approval on a 5 - 0 vote
for preliminary plat and rezoning from Rural to I-2 Park contingent on the
5 recommendations in the Staff Report dated 12/27/78. f
Osterholt questioned if there would be more than one structure on the site.
Hoff replied at the present time they are only contemplating one structure
however, there is not a recommendation in the Staff Report that it be limited
to one.
Osterholt further questioned if any inner roads were contemplating, i .e. ,
public roads or cul-de-sacs within the 5 acre site and that Mr. Helle
not ask for any in the future. Enger replied there are none contemplated.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and
adopt Resolution No. 79-23, approving the preliminary plat for Norseman
Industrial Park Third Addition. Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, to approve the 1st Reading
of Ordinance No. 79-02, rezoning 5 acres from Rural to I-2 Park for
Norseman Industrial Park Third Addition by Herleiv Helle. Motion carried
unanimously.
MOTION: Pauly moved, seconded by Edstrom, to direct Staff to draft a
developer's agreement incorporating the recommendations in the Staff Report
dated 12/27/78. Motion carried unanimously.
D. Lake Heights Addition by Universal Land Corporation , request to rezone
from Rural to R1 -13. 5 and RM 6. 5 and preliminary j?lat approval for 29 single
family and 40 townhouses , and approval of Environmental Assessment Worksheet.
Site is located south of Anderson Lakes Parkway and East of Darnell Road
(Resolution No. 79-26 approving preliminary plat; Resolution No. 79-27
approving the Environmental Assessment Worksheet; and. Ordinance No. 79-04)
Acting City Manager Frane explained proper notices have been sent to abutting
1 property owners and the proponent has appeared before the Planning Commission
and the Parks, Recreation & Natural Resources Commission. - Both, Canxnissions
_. have recommended approval .
Council Minutes - 8 - Tues. ,February 6, 1979
D. Lake Heights Addition (conti.nued)
Don Peterson, representing Universal Land Corporation, spoke to the proposal
explaining the plan was modified after the Planning Commission meeting
to consist of 32 townhouses and 29 single family dwellings.
City Planner Enger explained this proposal was considered at the 12/11/78,
_ 1/8/79 and 1/15/79 Planning Commission meetings, and by the Parks, Recreation
& Natural Resources Commission meeting held 1/15/79. Enger noted the number
of units in the western multiple piece has been reduced from 16 to 12 units
and is in conformance with the size requirements of Ordinance No. 135. Enger
stated he has met with City Engineer Jullie about the continuation of the
proposed local road through Lake Heights Addition on through to the east
through The Preserve area as there is a concern about timing. Enger felt it
would be appropriate if the tingle family area went in first then the road
would come through the Universal Land piece from Homeward Hills Roads. •If The
Preserve connection was not made by the time of construction, the buildings
placed on the platted lots could end at the long cul-de-sac on the eastern end
so it would allow a turn around. The Staff Report dated 1/4/79,:,Eager explained
detailed 3 alternatives and the developer has responded in this alternative
to the main item of concern which was elimination vi some Cif the m,u1tip units.
The developer has agreed to bear the whole construction costs of a first phase
development of Homeward Hills Road to the southern boundary of this property
and will be petitioning for an extention of Anderson Lakes Parkway on the north
side of his property.
Director of Community Services Lambert spoke to the recommendation for approval
by the Pa',ks, Recreation & Natural Resources Commission at the January 15, 1979
meeting. . Lambert commented Outlot B _ is about an 13 acre site north of the road
owned_ by, the._School District, Outlot A_ is about .an 11 acre site and is to be
dedicated is the City. Lambert referred to letter from people living
Lake Eden South indicating they feel there is a strong need right now for some
recreational facilities and requested the Council ' s permission to contact the
School District to see if they would consider allowing the City to do some
grading on the top of the school site so_ we could have some immediate active_
use for the people living to the west. Also fill is needed from the_ school site
to develop Outlot A according to the plan that -has been developed:'
Councilwoman Pauly asked what the status is of Outlot C. Lambert replied the
Lake Eden residents would like to see the City buy Outlot C for park purposes.
Pauly further questioned if it would be feasible for the City to buy Outlot C.
Lambert responded because-of the topo, the land doesn't lend itself for develop-
ment as a park and there were no cash park fees generated to purchase the
open space land toserve the area, but Outlot A should be connected with a
path through Outlot C. Peterson responded he felt it would be possible for
Eden Land Corporation to provide a trail easement through Outlot C to connect
with Outlot A.
Darcy Peterson, 8257 Mitchell Road, asked Mr. Peterson if Universal Land
Corporation is considered a small , medium or large contractor. Don Peterson
replied that Universal Land Corporation does not build houses. They have been
developing residential projects, i .e. , developing lots, putting in sewer, water
(' and streets and then marketing them.
Gloria Pond, 8819 Darnell Road, reitereated the concern referred to in petition
(on file at City Hall ) regarding the potential traffic problems on Anderson
Lakes Parkway which will occur with further development and the need for other
ways out of the park to prevent accidents.
Council Minutes - 9 - Tues. ,February 6, 1979
D. Lake Heights Addition (continued)
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing
and adopt Resolution No. 79-26, approving the preliminary plat for Lake
Heights Addition. Motion carried unanimously.
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MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-27,
finding the Environmental Assessment Worksheet for Lake Heights Addition does
not require an Environmental Impact Statement. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to approve the 1st Reading
of Ordinance No. 79-04, rezoning from Rural to R1-13.5 and RM 6.5 for 32 town-
house units and 29 single-family dwellings for Lake Heights Addition by
-Universal -Land' Corpratiori. -Motion carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft
a developer' s a reement including: 1) recommendations of the Staff Report
dated 1/4/79, 2 that development not be implemented until internal roads
shown on the site plan are in place along with the completion of Anderson
tau ku.7 P..,rnvvuy and Preserve CJCI YC Boulevard and f CJ VLJI Q1..1 U11 OI LJlC UJideC'pdSs,
3) sidewalk along Anderson Lakes Parkway and Homeward Hills Road, 4) a deed
be obtained to the 11 acre park site before the 2nd Reading of Ordinance No. ,
79-04, and 5) that an easement of no less than 20 feet be obtained across .
Parcel C to gain direct access to Outlots B and A. Motion *carried unanimously..
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MOTION: Redpath moved, seconded by Pauly, to instruct Staff to investigate x
with the School District the use of Outlot B for a temporary park. Motion
carried unanimously.
E. Chatham Wood by Toma Development, request to rezone 40 acres from Rural to
R1-13.5 for 59 single family lots, preliminary plat approval , and approval
of Environmental Assessment Worksheet Resolution No. 79-24, approving
preliminary plat; Resoltuion No. 79-25, approving the EAW; and Ordinance
No. 79-03 #
Acting City Manaqer Frane stated that proper notices have been mailed to the
affected property owners. The proponents have appeared 'befOre the Planning
Commission and the Parks, Recreation & Natural Resources Commission and Moth
commissions have recommended approval .
Tom Selseth, the proponent, spoke to the proposal and answered questions of W
Council members.
City Planner Enger explained this item was considered at the Planning
Commission meeting on January 8, 1979 and was recommended for approval to the
City Council on a 5 - 0 vote. Enger further spoke to the specifics in the
Staff Report dated 1/2/79 and to the recommendation made by the Planning
Commission.
Larry Hansen, Schoell & Madsen, commented to serve the property to the
east there is an outlot which is not only intended for an access but for
ponding.
Penzel suggested that by merely -e-xtending the street to the east ,just to the
{ south 'of the proposed pond, the problem can be avoided and access can be gained
to lot 6 from that street. Hansen stated the reason there isn 't a definite
access shown is the people that are working with the abutting property called
them and said they do not have a layout, and they would like the proponents
to provide access. Since they couldn't give the proponents a specific location,
the proponents chose not to give a location but merely to furnish the outlot.
.., l ues. ,February 6, 1979
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E. Chatham Wood by Toma Development (continued)
Osterholt referred to the problem of runoff and stated as areas become 31
cultivated, and people are fertilizing their lawns , these are the kinds 4
of things that pollutes the streams and we are going to have some real
problems.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing,
Motion carried unanimously.
i
MOTION: Edstrom moved, seconded by Osterholt, to adopt Resolution No. 79-24,
approving the preliminary plat for Chatham blood by Toma Development.
Motion carried unanimously.
MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-25.,
finding the Environmental Assessment Worksheet for Chatham 'Mood does not require
an Environmental Impact Statement. Motion carried unanmously.
MOTION: Osterholt moved, seconded by Edstrom, to approve the 1st Reading
to Ordinance No. 79-03, rezoning 40 acres from Rural to R1-13.5 for 59 single
family logs for Chatham Wood by Tnm� flo��ol�pmnnt � Motion carrin`d unanim—sly
MOTION: Osterholt moved, seconded by Pauly, to direct the Staff to draft a
developer' s agreement incorporating the recommendations of City Staff,
Planning Commission .and the Parks , Recreation & Natural Resources Commission,
a provision be made in Outlot C for a road extension in the future to the east
and that the remaining outlots be left as open space. Further that the
scenic easement line be depicted by the staff in an exhibit showing the
880 contour. Motion carried unanimously.
F. Round Lake Estates Second Addition by Arlo Eliason, request for preliminary
plat approval of 34 acres zoned R1-13.5 into 69 single family lots , a 3.2
acre park, and approval of Environmental Assessment Worksheet Resolution
No. 79-28, approving preliminary plat; Resolution No. 79-29, approving the
Environmental Assessment Worksheet)
Acting City Manager Franc stated that proper notices have been mailed to the
affected property owners and that proponents have appeared before the Planning
Commission and the Parks, Recreation & Natural Resources Commission. Both
commissions have recommended approval .
Lynn Caswell , Consulting Engineers, Inc. , representing the proponents,
spoke to the proposal and answered questions of Council members.
City Planner Enger explained this. proposal was considered at 4 consecutive
Planning Conuni.ssion meetings and was recommended for approval to the Council
at the 12/11/78 commission meeting. This is part of an original FUD that goes
back into the 1970's by Mr. Eliason. One item of conce;^n is that timing of the
development be correlated so that construction and occupancy not take place
prior to the connection of the Lake Trail Estates Road to Highway #5 and
through Luther Way. It is in conformance with Ordinance No. 135 and no variances
are requested. There is a 3.2 acre mini-park provided toward the center of the
development. This was part of the original open space commitment of the
original PUD and although it is less in acreage, staff believes the current
proposal is in confornance with the existing ordinance and does believe that the
mini-park will serve the neighborhood well and will provide an open space
connection from the Mitchell Lake floodplain to the west over to Round Lake,
Council Minutes - 11 - Tues. ,February 6, 1979
F. Round Lake Estates Second Addition {continued) {
Enger went over the specifics outlined in the Staff Report dated 12/6/78,
further noting one recommendation from Staff which was not included in the
report that the developer dedicate a 20 foot open space trail corridor from
the existing City owned outlot lying in the southeast corner of Round Lake
north along the eastern edge of lot 1 , block 1 , Round Lake Estates Addition.
Mr. Eliason stated he has a problem with access to the east as it would be
difficult for him to final plat a development under the conditions that he could
build only when there was a road made useable through to the east.
City Attorney Pauly further spoke to Mr. El iason's concern that he has no..control
over the development of the road through Lake Trail EStates and if he will be
prohibited from building on lots in Round Lake Estates until that road is*
opened up, he is subject to a condition over which he has no control . Thus
if it is made a condition in the developer's agreement that he cannot build
homes on Round Lake Estates until such time as the street is opened up, it
certainly presents a legal impediment to him.
Ken Geason, 7621 Atherton Way, stated he has requested that the access
through Lake Trail Estates be in existence before the building commences.
Geason reminded the Council the people in his area petitioned and were success-
ful at a Council meeting that no new development woula take place until there
is another way east out of the area. The residents are still of the opinion
that they don' t want any building until there is another access out north or
f east before any development comes in. A further concern was expressed by Mr.
'l
__ Geason of the residents in the area that the tot, lot_be separated as much,-'_
as possi bl e fron the pondi ng area.
--
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing
on Round Lake Estates Second Addition. Motion carried unanimously.
MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-28,
approving the preliminary plat for Round Lake Estates Second Addition contingent
that no building permits be issued until blacktop streets are in place in the
Lake Trail Estates development and Round Lake Estates. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Pauly, to direct Staff to draft a
developer's agreement incorporating the recomnenations of the Staff Report
dated December 6, 1978, that no building permits be issued until blacktop streets
are in place in the Lake Trail Estates development and Round Lake Estates,
and that Luther Way and Heritage Road not be used for construction traffic.
Motion carried unanimously.
d
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-29,
finding the Environmental Assessment Worksheet for Round Lake Estates Second
Addition does not reuiqre an Environmental Impact Statement. Motion carried
unanimously.
MOTION: Edstrom moved, seconded by Osterholt, to continue the Council mee ting,past the
. : 30 PM scheduled adjournment time until 1 ;30-Af��l. ' i_lotion carried unanimously, ..
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
53 �
Council Minutes - 22 - Tues. ,February 6, 1979
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request by Richard Hipp, Hipp' s Mitchell Heights Fourth Addition to
preliminary plat 13 acres zoned RM 6.5 into 29+duplex lots 58 units) .
The site is located in the southwest corner of Tamarack Trail and Mitchell
Road (Resolution No. 79-21 )
Don Sorensen, legal counsel for the proponent, spoke to the proposal and
specifically to the communication dated 1/4/79 from Richard Hipp. Mr.
Filippi of Filippi & Associates, Inc. , also was present representing Mr. Hipp
and answered questions of Council members.
Enger explained this item was recommended for approval to the Council at the
1/8/79 Planning Commission meeting contingent on the report of 11 6/79. There
was a cash park fee assessed on the 3rd Addition which was not collected_as
part of the 3rd Addition and Mr. Hipp brought in the check in the amount of
some $6,000 to bring that up-to-date. The proponents do propose to pay the
cash park fee on the balance of this property and dedicate a tot lot park.
One of the things which was of concern at the Planning Commission was the g
relationship of the duplex lots to the single family homes directly to the west.
TI_ L L
-+;F;-,4 nn.� ;;;ost c�n;ts nt�ltA�t hark from the iot line, On the
IIaS VCG� T'Iw
units i n the northern cul-de-sac that are a little bit closer to the lot line,
the proponents have agreed to submit a landscape -plan for buffering from those
single family homes. The southern cul -de-sac is a considerable grade. difference
than the single family homes and operates as a transitional use., The Building,
Planning and Engineering departments have a concern about duplex lots on
cul-de-sacs because of the limited 45' frontage and feel only the units which can.
combine driveways to provide only one driveway out to the cul-de-sac should be
( allowed on the cul -de-sac. This is in conformance with what the developer
has proposed. "T"-driveways will be provided along the four lots adjacent to
Mitchell Road so that cars will not have to back out on to Mitchell Road.
The asphalt pathway down along Tamarack Trail and then southerly along Mitchell
Road will be accomplished by the developer. The developer has also agreed to
accomplish the greenway connection and bituminous pathway in the two locations
and construction of a tot lot in the green area.
Lambert stated the Parks, Recreation & Natural Resources Commission reviewed
this proposal can 1/15/79 and recommended approval according to his Staff Report
dated 1/12/79, with the exception they eliminated items "E" and "F" and also
the recommendation that the bituminous path leading to the west would connect
all the way to the cul-de-sac.
Edstrom referred to the steep slopes and questioned if there is any danger of
erosion. Enger replied the developers will have to be very careful during
construction to prevent erosion of their own lots on to their own lots.
Penzel asked who would be responsible for the maintenance of the retaining
walls once they are up. Enger responded they end up on the individual lots
and the owners of those lots would be responsible.
Penzel further questioned what kind of assurance would the City have that those
property owners would actually be maintaining those retaining walls or would the
residents on top of the hill have to risk private suits to enforce their propert
(, should a washout occur. Enger explained it could be worked out in the
�. developer's agreement that the developer or the. property owner that-has the '
retaining wall in his yard would be responsible for the maintenance.
J��
Council Minutes - 13 - Tues. ,February 6, 1979
A. Request by Richard Hipp, Hipp's Mitchell Heights Fourth Addition (continued)
5
Osterholt questioned if the cul-de-sac met City requirements. Enger
replied the cul -de-sac does not meet City requirements but exceeds the
requirements by about 350 feet.
Osterholt stated he felt it would be a better development if the road
system served the area in a loop rather than 2 cul-de-sacs and urged the
developer to consider same.
Bob Grimes , 8345 Heather Avenue, expressed concern about the 9 foot drop from
the top lots down to the bottom lots, i .e. , danger of children falling.
Darcy Peterson, 8357 Mitchell Road, asked why this item was not a Public Hearing.
Penzel replied the Council does not hold Public Hearings for platting.
Mr. Peterson then stated he felt the 1972 plan was a super plan; however,
he was opposed to the plan now under consideration.
MOTION: Osterholt moved, seconded by Radnath +� �^n+4r%eo^ the r�y�e5t
—W —r -..
by Richard Hipp to the February 20, 1979 Council meeting. Motion carried
unanimously.
W VII . ORDINANCES & RESOLUTIONS
A. Resolution No. 79-30, requesting Local Planning Grant Funds from the
Metropolitan Council
t
This item was moved to the Consent Calendar (item III. I . )
B. Resolution No. 79-36, granting_ preliminary approval for MIDB's for Ruben
Anderegg
Acting City Manager Frane `introduced' Nr__Ruben,Andere 'and David Frederiksen,
Vi_ce_ President of Fuller &_ Schroeder Investment Corporation, representing Mr.
Ruben Anderegg. Frane coniniented_tir. Anderegg- would tie personally liable
for the mortgage and 'his -request is in accordance with the City's guidelines
for MIDB's.
MOTION: Redpath moved--, ,.seconded_.b.y_ Edstrom..,.to adopt Resolution No. 79-36,
granting preliminary approval for Municipal Industrial Revenue Bonds for
Ruben Anderegg. Motion carried unanimously.
VIII. APPOINTMENTS
G. Planning & Zoning Commission - 3 appointments: 2 appointments for 3 year
terms, commencing 2/28/79 and expiring 2/28/82; and 1 appointment to an
unexpired term commmencing immediately and expiring 2/28/80 (Note: Page 1 ,
this item was moved to the top of the appointments)
3 year terms: _ (2 appointments)~.
Penzel placed the names of William Beaman and Hakon Torjesen
into nomination.
f Osterholt placed the name of John Wolcott into nomination.
Edstrom placed the name of George Bentley into nomination.
Council Minutes - 14 - Tues. Jabruary 6 19?A
G. Planning & Zoning Corunission (continued)
3 year terms (2r appoi ntments)
Redpath placed the name of Fred Baumann into nomination.
Pauly placed the name of Virginia Gartner into nomination.
YUpon tabulation of ballots William Bearman and Hakon Torjesen
were selected to"fill the _y 3 year terms on the Planning & Zoning
Commission.
1 year unexpired term (1 appointment)
Pauly placed the name of Virginia Gartner into nomination.
:x
Edstrom placed the name of George Bentley into nomination.
Redpath placed the name of Fred Baumann into nomination.
Osterholt placed the name of John Wolcott into nomination.
Penzel placed the name of Robert Carlson into :utnination.
Upon tabulation of ballots, George Bentley was selected to fill
the 1 year unexpired term on the Planning & Zoning Commission.
A. Board of Appeals & Adjustments - 2 appointments for 3 year terms, commencing
2/28/79 and expiring 2/28/82
Penzel placed the names of Ronald Krueger and Roger Sandvick into
nomination.
MOTION: Osterholt moved,' seconded by Redpath, that nominations be closed
and that a unanimous ballot be cast for the appointments of Ronald Krueger
and_ RD er Sandvick for three year terms to the Board of Appeals & Ad ustments.
J
_ Motion carried unanimous "
B. Building Code Board of Appeals - 2 appointments for 3 year terms, commencing
2/28/79 and expiring 2/28/82
Penzel placed the name of Charles DeBono and Gerald Offerman into nomination.
MOTION: Osterholt moved, seconded by Edstrom, that nominations be closed and
that a unanimous ballot be cast for the appointments of Charles DeBono and
Gerald Offerman for three year terms to the Building Code Board of Appeals.
Motion carried unanimously.
C. Development Commission - 3 appointments : 2 appointments for 3 year terms
commencing 2/28/79 and expiring 2/28/82; and 1 appointment to an unexpired
term commencing immediately and expiring 2/28/80
3 year terms (2 appointments)
Redpath placed the name of Robert Hanson into nomination.
Edstrom placed the names of Tim Pierce and Robert Moore into
nUlination.
Penzel placed the name of Dennis Truempi into nomination.
Council Minutes - 15 - Tues. ,February 6, 1979
C. Development Commission (continued)
i
3 year terms (2 appointments)
Upon tabulation of ballots, Robert Hanson and Tim Pierce were
selected to fill the 3 year terms on the Development Commission.
1 year term (l appointment)
g
Edstrom placed the name of Robert Moore into nomination.
Penzel placed the name of Dennis Truempi into nomination.
Upon tabulation of ballots, Robert Moore was selected to fill
the l year unexpired term on the Development Commission.
D. Historical and Cultural Commission - 2 appointments for 3 year terms,
commencing 2/28/79_and expi ring 2/28/82
Penzel placed the names of Carol Hone and Albert Picha into nomination.
MOTION: Redpath moved, seconded by Osterholt, that nominations be closed
and that a unanimous ballot be cast for the appointments of Carol Hone
and Albert Picha for three year terms to the Historical and Cultural Commission.
Motion carried unanimously. x
E. Human Rights & Services Commission - 4 appointments: 2 appointments for
3 year terms commencing 2/28/79 and expiring 2/28/82; 1 appointment for
an unexpired term commencing immediately and expiring 2/28/81 ; and i
appointment to an unexpired term commencing immediately and expiring
2/28/80
Penzel placed the names of Barbara O'Grady, Marcia Lockman and Ann Hodgson
Thiel into nomination.
Edstrom placed the name of Duane Pidcock into nomination.
Penzel recommended Barbara O'Grady and Duane Pidcock for the three year
terms; Marcia Lockman for the two year term; and Ann Hodgson Thiel for
the one year term.
MOTION: Osterholt moved, seconded by Redpath, that nominations be closed
and that a unanimous ballot be cast for the appointments of Barbara O'Grady
and Duane Pidcock for three year terms, Marcia Lockman for a two year term,
and Ann Hodgson Thiel for the one year term to the Human Rights & Services
Commission. Motion carried unanimously.
F. Parks, Recreation & Natural Resources Commission - 2 appointrrients for 3 year
tenns, commencing 2/28/79 and expiring 2/28/82
Redpath placed the name of Richard Anderson into nomination.
Penzel placed the name of Robert Carlson into nomination.
MOTION: Osterholt moved, seconded by Redpath, that nominations be closed
and that a unanimous ballot be cast for the appointments of Richard Anderson
and Robert Carlson for three year terms to the Parks , Recreation & Natural
Resources Commission. Motion carried unanimously.
Council Minutes •- 16 - Tues. ,February 6, 1979 k
G. Planning & Zoning Commission (moved ahead of item VIII . A. as per Council
request)
H. Flying Cloud Airport Advisory Commission of Eden Prairie - 2 appointments
for 3 year terms, commencing 2/28/79 and expiring 2/28/82
Penzel recommended Tom Faranda and Sally Brown for the appointments to the
Flying Cloud Airport_Adv-isory Conunissi_on of Eden Prairie.
Edstrom suggested Dr. Henry Brandt.
MOTION : Redpath moved, seconded by Osterholt, to concur with the
recommendations of Mayor Penzel to appoint Tom Faranda and Sally Brown
for three year terms to the Flying Cloud Airport Advisory Commission of
Eden Prairie. Motion carried unanimously.
I. Appointments to the Citizens Advisory Commission on Cable TV
Penzel recommended James Rude, Lyle Shaw and Mrs. Ismail Ismail for ,appoint-
ments to the Citizens Advisory Conun i ss i oil oit ("able TV.
MOTION: Redpath moved, seconded by Edstrom, to concur with the recommendations
of Mayor Penzel to appoint James Rude, Lyle Shaw and Mrs. Ismail Ismail
to the Citizens Advisory Commission on Cable TV. ' Motion carried unanimously.
MOTION: Osterholt moved, seconded by Pauly, to continue the Council meeting past the 1 :30 AM
time limit previously set by Council members. Motion carried unanimously.
IX.'_- REPORTS OF OFFICERS, BOARDS & COt•MISSIONS
A. Reports of Council Members
1. Councilman Osterholt requested that Staff prepare something on the
water quality of our City, as residents are receiving material in
the mail inferring residents need water softeners even if they are
connected to City water.
2. Councilman Osterholt requested that Council members let Staff know what
material they do not wish to be sent to their homes, i .e. , in "For Your
Information" or in the Council packets. This item to be further
discussed at the February 20th Council meeting.
3. Councilman Edstrom requested that an item be on the February 20th
Council agenda regarding the public information meeting on Flying
Cloud Airport.
B. Report of Acting City Manager
C. Report of City Attorney
Creekside heights Development APreement (Yorkshire Point) .-
City Attorney Pauly explained at the last Council meeting a request for an
amendment to the developer's agreement on Creekside Hieghts (Yorkshire
Point) was made and questions were raised as to the content of that
agreement. The original development approval was for 27 lots - 6 single
family dwellings to be made available for sale at less thatn $40,000, and
the remaining number of 21 available for sale at less than $50,000. Hart
Homes, the builders, constructed 6 units and came to the conclusion theyy
couldn' t complete the project. Mr. Zachman came in and said he was willing
r.3 l:. _
Council Minutes - 17 - Tues. ,February 6, 1979
2. Creekside Heights Development Agreement (Yorkshire Point).
t
to complete the project of homes to be sold for $54 ,900 and pointed out
that the additional cost of the $54,900 was actually equivalent to j
$50,000 or less than $50,000 value in 1978. Mr. Zachman also pointed
out that the reason for that price included some mortgage points,
financing costs and sales costs. In reviewing the agreement, Mr. Pauly,
stated it indicates rather clearly there is no provision for escalating
the price due to inflationary factors. The application to the Metropolitan e
Council indicated that, except that the houses by Hart were to be
prefabricated type of houses as opposed to Zachman' s homes which are
built onsite, the proposals are very similar. The procedure, if the Council `
wishes, would be to amend the developer's agreement which is within the
power of the Council to do, and approve the Zachman proposal , or to not
approve it.
Al Schrader, Hart Homes, spoke in favor of the requested amendment
as outlined by Mr. Pauly.
Osterholt questioned what assurance the Council has that the $54,900 i
is going to be the top price, Mr. Schrader responded he has entered into
a purchase agreement with Mr. Zachman on the balance of the lots and the
language of the purchase agreement falls in line with the approval of
the modification to the developer's agreement requested. That is that
all homes will be built at a maximum cost of $54,900 including all sales
costs and all financing costs. Schrader .stated the agreement is
already executed and is pending approval of the amendment to the
developer's agreement by the Council .
Osterholt felt the alternative would be to replat the property to larger
lots, thus maybe putting in different size homes and making the
development more attractive.
MOTION: Redpath moved, seconded by Edstrom, to grant the modification
to the developer' s agreement for Creekside Heights (Yorkshire Point)
to allow the marketing of the remaining homes at $54,900, all costs
included, to be built by Mr. Zachman. Redpath, Edstrom and Penzel
voted "aye", Osterholt and Pauly voted "nay". Motion carried.
D. Report of Planning Director
1. Bluff's West 2nd Addition Environmental Assessment Worksheet (Re>olution
No. 79-31
Osterholt questioned Edstrom, who attended the recent meeting on Flying
Cloud Airport, if these particular home sites were in question,
Edstrom responded it was discussed at the meeting and the point was
made that these homes were outside the A and B zones , which are the areas
that are restricted as far as this type of building is concerned, so it
would not present a problem. There would be a noise question regarding
the aircraft, but the development itself would not present a noise hazard.
As far as the airplanes themselves are concerned, Edstrom stated he
doesn't know whether that has to be addressed in the Environmental
Assessment Worksheet.
Osterholt cornmented he would hate to see this item signed off on and find
if we go along with the airport recommendations that we have boxed
ourselves into a situation if the noise is a problem to those residents
who will be purchasing homes in Bluff's West 2nd Addition.
Counci 1 Minutes - Iti - I ues. ,February b, 19/9
3
1. Bluff's West 2nd Addition EAW (Continued)
Penzel stated it bothers him we are putting the City in a position where
two or three years from now we have people come in because of the terrible
f i noise in Bluffs West 2nd Addition.
MOTION: Pauly moved, seconded by Penzel , to adopt Resolution No. 79-31 ,
finding the Environmental Assessment Worksheet for Bluff' s West Second
Addition a private action does not require an Environmental Impact
Statement. Pauly, Edstrom and Redpath voted "aye", Osterholt and Penzel
voted "nay". Motion carried.
E. Report of Director of Community Services
1. Eden Prairie Stables
Director of Community Services Lambert spoke to his memo dated January 31 ,
1979, recommending the Council consider advertising for proposals for
leasing the stables and operating a facility that would offer riding
lessons, horse training and horse boarding. General discussion
A..�..l_ i.. L._ t._ _ i_L1 J...__ .__ the
L.00 pl ace as o inilw would run one s t au r e5 uu r I ny t,rre Irti:er`irti.
Dennis Thom, 3018 McLeod Street South, Burnsville, Mn. 55337, commented
he might be willing to operate the stables on an interim basis until the
City decides what to do. Council suggested Mr. Thom get together with
Mr. Lambert to discuss the particulars. .
MOTION: Osterholt moved, seconded by Edstrom, to authorize Staff to
proceed for interim employment of an operator of the Eden Prairie Stables
. until the matter can be resolved, not to exceed 3 months, and that this
matter be placed on the February 20th Council Agenda. Motion carried
unanimously. '
F. Report of City Engineer
1. Final Plat approval for Hipp' s Mitchell Heights 4th Addition Resolution
No. 79-32
MOTION: Osterholt moved, seconded by Edstrom, to continue the final
plat approval for Hipp's Mitchell Heights 4th Addition to the February 20,
1979 Council meeting. Motion carried unanimously.
2. RLS approval for Golf Vista development
Note: Page 1 , item I . C. , this item was removed from the Council agenda.
3. Correction of legal description of the W. 78th Street right-of-way
abutting The Preserve property
MOTION: Pauly moved, seconded by Osterholt, to approve the Quit
Claim Deed dated 2/6/79 which corrects the legal description of the
right-of-Way limits for W. 78th Street from Schooner Boulevard
to the east. Motion carried unanimously.
G. Re ort_.of_Fi nance Director
1. lym-ent of Claims Nos . 2960 - 3150 '
MOTION: Redpath moved, seconded by Edstrom, to approve Payment of Claims
Nos. 2960 - 3150. Roll Call Vote: Redpath, Edstrom, Osterholt and
Penzel voted "aye" , Pauly "abstained". Motion carried.
7 r
Council Minutes - 29 - Tues. ,February 6, 1979
X. NEW BUSINESS
A. Eden Prairie In Action
� General discussion took place as to Council 's attendance at
Eden Prairie In Action to be held Saturday and Sunday, February 24th
and February 25th. Penzel suggested a schedule be arranged so Council
Members would not all be in attendance at the same time.
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Penzel , to adjourn the meeting at 2:15 AM.
Motion carried unanimously.
C
r ,I
r
s S 4 s r 8 A+.rxY 9 a'��e5;�� r,:.e'���,*'`"" '' t;;•,,>� lxj.' " .'- a';1 � -,, � 5.
.-
Council Minutes - 19 - Tues„February 6, 1979
X. NEW: BUSINESS
A. Eden Prairie In Action
General discussion took place as to Council 's attendance at
Eden Prairie In Action to be held Saturday and Sunday, February 24th
and February 25th. Penzel suggested a schedule be arranged so Council
Members would not all be in attendance at the same time.
XI. ADJOURNMENT
MOTION: Redpath moved, seconded by Penzel , to adjourn the meeting at 2:15 AM.
Motion carried unanimously.
. .: -77
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February 2, 1979
p
Dear Couneilmembere:
I would like to state my opposition to the proposed
"mini shopping center" to be located in the Preserve
con ♦tle wowwew w• wwot•nt A lCh Brit.--W . arkvaM
VI• vale V VL a�pi V i V V iAnty 18 8rld Y�':e i.Y.O V�If Gat PPi s.I.q, •
The need for a localized shopping area with ava.11abil ity
of groceries, drugs and other necessities will be more
than adequately met by the new stores approved for
the major center area. Duplication of these stores
Is not only unnecessary, it is also dangerous as the
small population of the area will not support such.
over-development.
Another reason for my objection relates to the existing
_ traffic problem at that corner. It is obvious' that
the development of a shopping mall would only increase
this problem. 4n the other hand, the major center as' ea:
Is well planned to handle the increased traffic load
as well as the increased parking need.
I believe that a petition of the Preserve area would
demonstrate that most of the homeowners are concerned
about this potential shopping area. I believe a
petition would a demonstrate the disapproval of the
people who will , ost directly affected by this project.
I ask you not to make any further committments to thL a
proaact until such a petition is presented to you,.
Thank you for listening and considering my opinion
on this most important matter.
Cordially,
Thomas W. Faranda