City Council - 03/20/1979 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL.
TUESDAY, MARCH ZO, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom,
Sidney Pauly , Paul Redpath and Dave Osterholt
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger
Pauly; Planning Director Chris Enger; City
Engineer Carl Jullie; and Donna Stanley, Recording g
Secretary
INVOCATION: Mayor Wolfgang Penzel
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PLEDGE OF ALLEGIANCE
ROLL CALL: Penzel , Edstrom, Pauly and Redpath present ; Osterholt absent.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Council Agenda :
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VII. A. 1 . , Hazardous Waste Meeting; 2. Comrr.unications on Duck_ Lake
III. G. Set Public Hearing for Olympi c Hills, 6t_h_ Addition rezoning ng and
platting for April 17, 1979
MOTION: Redpath moved to approve the Agenda as published and amended, seconded
by Edstrom. Motion carried unanimously.
II . MINUTES OF COUNCIL MEETINGS HELD TUES DAY, FEBRUARY 20, 1979, AND
MARCH 6, 1979
February 20, 1979
Pg. 6, add after para. 3 "MOTION: Osterholt moved , seconded by Redpath, to
approve the Developer' s Agreement. "
Pg. 9, para. 4; sent. 1; correct to read "Edstrom asked how the Staff intended
to proceed. Jullie replied he will go back. . ".
MOTION: Redpath moved, seconded by Pauly, to approve the Minutes of February 20,
1979 as published and amended. Motion carried unanimously.
March 6 , 1979
MOTION: Edstrom moved, seconded by Redpath, to accept the Minutes of March 5,
1979 as published. Motion carried unanimously.
III . CONSENT CALENDAK
A. Clerk' s License List
B. Set hearing date -to vacate excess portion of W. 74th Street in
Norseman Industrial Park 2nd Addition for April 17, 1979
Resolution No. 79-54
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Council Minutes - ? - March 20, 1979
III . CONSENT CALENDAR (Continued)
C. Final plat approval for Eden Prairie Center 2nd (Resolution No.
79-56
D. Final plat approval for Olympic Hills 5th (Resolution No. 79-57)
E. Set Public Hearing for High Trail Estates rezoning to R1-13.5 by
Countryside Investment for April 17, 1979
F. Set Public Hearing for St. Andrew's Church rezoning to Public for
April 17, 1979
G. Set Public Hearing for Olympic Hills, 6th Addition rezoning and
platting for April 17, 1979
MOTION: Redpath moved, seconded by Pauly, to approve the Consent Calendar
as amended. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Shady Oak P.oad PUD by D.H. Gustafson & Associates, Inc. Request
for PUD Concept approval for multi le family housin , re Tonal office,
office, and commercial uses. The PUD .is located in Section 1 ,
South of Crosstown 62, East of Co. Rd. 61 , and West of U.S. 169/212
(Resolution No. 79-51 , approving Shady Oak Road PUD Concept Plan)
Mayor Penzel stated that a letter from D. H. Gustafson and associates
Incorporated was received notifying the City that they have received
written notification by R. L. Johnson Investment Co. , of their decision
to terminate the agreement between D. H. Gustafson & Associates, Inc. ,
and their company to purchase the north 48 acres of the proposed planned
unit development, and of the subsequent withdrawal by the proponent of
their petition for an amendment to the land use plan made in connection
with the purchase.
MOTION: Pauly moved, seconded by Edstrom, to accept the withdrawal of
the D. H. Gustafson & Associates, Inc. of their petition of an amendment
to the present land use plan, as stated in the letter dated March 20, 1979.
Motion carried unanimously.
MOTION: Pauly moved, seconded by Edstrom, to close the Public Hearing on
Shady Oak Road PUD. Motion carried unanimously.
A petition was submitted by the residents living near the Shady Oak PUD
Development Area dated March 4, 1979. (attached)
Ms. Phyllis Olson, 6609 Golden Ridge Drive, inquired whether any new pro-
posal would go before the Planning Commission and whether they would re-
ceive notices. Penzel responded that any new proposal would go through
the same process, and residents would be notified before the Planning
Commission and the City Council public hearings. He explained that resi-
dents must be reqistered owners before receiving notification. {
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Council Minutes - 3 - Tues. , March 20, 1979
B. Vacation of drainage easement along Lots 1 and 2, Block 4, Edenvale
Industrial Park Resolution No. 79-53
City Engineer Carl Jull ie explained that the McGlynn Bakery Co. , located
north of Highway 5, between Mitchell Road and Martin Drive, desires to expand 7
their operation. They desire to purchase a portion of the parcel to the west
of their site, however, their existing 20` wide drainage easement is along
the common property line and have petitioned the City to vacate that easement.
They propose to re-locate the existing drainage ditch/sewer pipe to adjacent
area, and have submitted a bond to the Engineering Department of $5,000 to
insure that the re-location would be accomplished.
Penzel inquired whether the parcel was presently zoned for intended use
and whether remaining parcel is adequate totneet the present zoning' requirements.
Jullie responded that the property is presently zoned I-2, & does meet the zon-
ing requirements.
Penzel questioned further whether the parcel to the west was vacant.
Don Peterson, • Eden Land Corporation, explained that the land has been sold
and they do have users for both sides.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing on
the vacation of draining easement along Lots 1 and 2, Block 4, Edenvale
Industrial Park. Motion carried unanimously.
MOTION: Redpath moved, seconded by Edstrom, to approve Resolution No. 79-53
vacating drainage easement along Lots l and 2, Block 4, Edenvale Industrial
Park. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
A. Request from the Development Comrnission for a point meeting with the
Council for April 11 , 1979
Penzel spoke to recent joint meeting with the Parks, Recreation and Natural
Resource Commission and to the desire to meet with all of the Commissions
at least twice a year.
MOTION: Redpath moved, seconded by Edstrom, to approve the joint meeting
date requested by the Development Commission requested for April 11 , 1979
at 7:00 A.M. in the Council Chambers; and to approve the date of April 16,
1979 at 7:30 P.M. for the joint meeting requested by the Planning Commission.
Motion carried unanimously.
VI . ORDINANCES & RESOLUTIONS
A. Resolution No. 79-52, approving the Environmental Health Services
Contract with Hennepin Count, .
City Manager spoke to .the necessity for cities to enter each year into a
contract with Hennepin County, and the request that it be done by resolution.
Each year the City provides inspections of facilities under the responsibility
of Hennepin County and is reimbursed accordingly.
MOTION: Redpath moved, seconded by Pauly, adoption of Resolution 79-52,
approving the Environmental Health Services.Contract with Hennepin County.
Motion carried unanimously.
Council Minutes - 4 - Tues. , March 20, 1979
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REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1 . Report on Hazardous Waste
Edstrom reported on the legislative meeting he had attended on the
problem of solid and hazardous waste. Joint legislation is being con-
sidered to resolve the problem that has suffered a setback from the
last attempt to locate a site for hazardous wastes. He spoke to a copy
of the report which will be left with City Manager Ulstad for further
study if so' desired and his continuing monitoring of the problem.
2. Communications on Duck Lake
Penzel spoke to complaint received from Mr. Brust, 16830 Duck Lake Trail ,
of water problems in the area. The City Engineer was directed to make
an examination of the situation.with an adjustment of the lake level if
that were reasonable. After meeting held by the Riley Purgatory Watershed
District on the possible solution of lowering the lake level , only one
resident spoke in favor of that solution, Mr. McKewan. 16730 Baywood Terrace
sent a letter expressing his concern and opposition, the rest were opposed.
Edstrom questioned the status of the issue. Penzel explained that the "
Watershed District will make their recommendation to the Department of
Natural Resources , who in turn will make their recommendation, with no
` action required by the City Council . He explained further that the City
can choose to veto the ' DNR recommendation, therefore, the City does have
ultimate control over the lake.
B. Report of City Manager
1 . Amendment to Personnel Resolution No. 038 (continued from March 6, 1979
Council meeting
City Manager Ulstad spoke to further inquiry into practices of industries
in our community and has provided this information as a supplement to
that submitted two weeks ago.
Redpath questioned whether this was severance pay as- such, or pay back on
sick leave that is accrued.. Ulstad responded that when the employee severs
his employment with the City, and at that point in time, a portion of his
accumulated sick leave can be computes-t and paid.
Pauly questioned whether there was a limit of days used by the Eden
Prairie program. Ulstad responded the limit was 100 days accumulation.
Penzel , speaking from a corporate approach, explained that the sick leave
policy was designed to meet the need as it exists, rather than as a com-
pensation for the employee when they leave.
4 Redpath felt that accrued sick time benefits by Federal and Municipal em-
ployees, in lieu of salary, was reasonable.
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Council Minutes 5 -
1 . Amendment to Personnel Resolution No. 1088 (continued)
Penzel suggested the revision of the accruel schedule become fixed at the
end of 15 years, stopping at the 50% level .
Redpath felt the accruel of sick leave was an incentive for employees over
the long run.
Ulstad discussed the recommendation in comparison to the practice occurring
today, that being up to 50% accrued sick time, and we are now competitive
with other cities.
MOTION: Edstrom moved, seconded by Redpath, approval *of the amendment to the
Personnel Resolution No. 1088 as set forth in the Memorandum of March 2, 1979,
with the two modi ;ications: revision of the accruel schedule to become fixed
at the end of 15 years and clarification of the 100 day accumulation stipulation.
Motion carried unanimously.
2. Amendmemt to Hennepin County Criminal Justice Coordinating Council
Operational R ly aws
Mr. Keith Wall , Department of Public Safety, explained the former method
used by this body, and spoke to the lack of response from communities, there-
fore, they are proposing this Amendment to the Operational Bylaws. Nineteen
communities have voted in favor of this amendment.
MOTION: Redpath moved to adopt the proposed Amendment to the Hennepin County
Criminal Justice Coordinating Council operational Bylaws, seconded by Pauly.
Discussion centered around the purpose and effects of the amendment. It was
felt that there was a lack of sufficient information and that additional infor-
mation should be provided at a subsequent meeting.
MOTION: Edstrom moved to table the proposed Amendment to the Hennepin County
Criminal Justice Coordinating Council operational Bylaws until sufficient informa-
tion is provided, seconded by Pauly. Motion carried unanimously.
3. Building permit fee for Eden Prairie High School building
Ulstad exlained that in the past, the Council has waived the building permit
fees upon request of the School District.
MOTION: Redpath moved, seconded by Penzel to waive the building permit fee
for the Eden Prairie High School building. A ROLL CALL VOTE WAS TAKEN:
ALL MEMBERS VOTED "AYE".
C. Report of City attorney
None.
D. Report of Director of Community Services
C1 . Senior Citizen Center Plan approval
Director of Community Service Lambert spoke to the status of the remodeling
plans for the Senior Citizen Center at Staring Lake.
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Council Minutes - 6 - Tues. , March 20, 1979
1. Senior Citizen Center Plan approval (continued)
Written quotes on the electrical work is now being received to bring the
log building up to state electrical code for a commercial use. He explained
that further remodeling of the structure includes handicapped ramps , men's
and women' s bathroom facilities, new doors, additional ceiling insulation,
new interior ceiling, new septic facilities, and new copper water pipes.
Other work that needs to be done is a new roof for the front porch and repair
of the house itself. He felt that some of the landscaping , trails, patios,
etc. may be completed this summer also, depending on funds and labor availa-
bility and how much of the materials can be obtained through donations, etc.
Redpath inquired about the house located on the end of the road and the potential
for vandalism. Lambert responded that the present occupant has had some agree-
ment with the City that he can live in the house for an indefinite time. He
explained further that the road to the Senior Citizen Center will be opened up
each day by a C. E.T.A. employee.
MOTION: Edstrom moved, seconded by Redpath, to approve the proposals discussed
as per Memo dated March 2, 1979. Motion carried unanimously.
2. Topv-i ew Park
Lambert spoke to three possible sites: Miller Site, Gravel Pit Site, and
Menard' s Site. He recommended the Miller Site as the priority choice, with
the Gravel Pit as the second choice.
MOTION: Redpath moved, seconded by Edstrom, to direct Staff to contact Mr. Miller
to discuss an option on the "Miller Site" . Motion carried unanimously.
E. Report of City Engineer
1 . Final plat approval for Hipp's Mitchell Heights 4th Addition (Resolution No. 79-551,
and approval of developer' s agreement
City Engineer spoke to the Final Plat, revised in conformance with the pre-
liminary plat last approved by the Council . Two cul-de-sacs were eliminated
and roads tied together with one short cul-de-sac.
MOTION: Pauly move-d, seconded by Edstrom, to approve Resolution No. 79-55
as per Juilie' s Memo of March 15, 1979. Motion carried unanimously.
Mr. Darcy Peterson, 8357 Mitchell Rd. , expressed opposition to the change in the
original plan and felt that he had not been notified properly as to the various
meetings.
Penzel suggested Mr. Peterson share his information with the City Manager in
order to locate any discrepancies that may be present in the notification system.
Peterson inquired whether there had been any determination made on the four
houses on Mitchell Road. Penzel explained that the "T" sections on those drive-
ways be pulled back and a certain degree of berming and plantings be placed
screening them from Mitchell Road.
Peterson inquired further about the status of a park. Penzel responded that this
is a commitment made many years ago and it is still the City' s intention to
develop a park there. He suggested that Mr. Peterson share his views with the
Parks, Recreation and Natural Resources Commission.
Council Minutes - 7 - Tues. , March 20, 1979
I . Final Plat approval for Hipp's Mitchell Heights 4th Addition (Res. 79-55)
and approval of developer' s agreement
Peterson asked how the priority for the location of the parks was determined.
Penzel explained the policy of the City briefly, that funds be expended, if
possible, within the area in which they have been raised through the cash park
fee required in lieu of dedication.
MOTION: Redpath moved, seconded by Edstrom, approval of the Developer's
Agreement for Hipp' s Mitchell Heights 4th Addition. Motion carried unanimously.
2. Final plat approval for Ridgewood f•!est (Resolution No. 79-58)
City Engineer Jullie spoke to the Final Plat and Engineering Report of March 14,
1979.
Mr. Tom Carmody, 8595 Mitchell Rd. ; Mr. Duane Pidcock, 8379 Red Rock Rd. ; and
Mr. „o!ln Houston, Houston Engineering Co. ; exprc^sspd concern with �e.1he access to
the property imme.liately to the north.
Houston presented graphics of the area, outlining the division of the Carmody pro-
perty and the center property, of which he is planning to purchase a portion of this
land for condominiums. The Carmodys have always planned for a road to come in along
the section line, and have based their plans on this road.
Penzel inquired why this question was not addressed at the time of preliminary plat
discussions. Houston explained that he has just become involved with the land re-
cently, and that they had assumed the plan would be as originally proposed.
Carmody spoke to several alternatives that he felt might enable them to provide the
access.
City Planner Enger discussed the present road system as shown in the Guide Plan, and
how it related to the Centex and Carmody properties.
Pidcock expressed concern that there was no direct route through to Anderson takes
Parkway for residents in the Red Rock area, and felt that the extension of Village
Woods Drive would solve this problem.
Mr. Tim Eller, Centex Homes Midwest, Inc. , commented that he has met with Carmody
and Jullie, and that he has come away from the meetings with the impression that no
access was desired or needed to the Carmody property. He felt there would be damage
to their plan if the road were now extended as requested.
Redpath asked whether Centex would consider selling let 8 or 9 to Carmody to aid
Carmody in utilizing his property. Eller responded they had offered to sell one
lot to temporarily remedy their development of the area.
MOTION: Redpath moved, seconded by Edstrom, approval of Ridgewood West Final Plat
Resolution 79-58 as per Mr.- Jullie' s Memo of March 14, 1979.
Redpath suggested that an option be open for the purchase of lots 8 or 9, to provide
temporary access, which may be of benefit to both Centex and Carmody.
Penzel commented that if Mr. Eller is amenable to making a road available, there should
be at least two viable alternatives to make access possible.
Council Minutes - 8 - Tues. , March 20, 1979
2. Final plat approval for Ridgewood West (Resolution No. 79-58) (Continued)
There was discussion on the status of Village Woods Drive and its purpose to
be a route for the neighborhood to go out to Mitchell Road or Scenic Heights,
rather than as a straight route connecting Co. Rd. 4 and Mitchell Road.
The VOTE was taken and the motion carried unanimously.
3. Proposed Hennepin County Transportation System
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City Engineer Jullie spoke to Planning Director's Memo of February 22, 1979
and briefly summarized the basic discrepancies between the County proposed sys-
tem and the road system anticipated by Eden Prairie in its 1979 Guide Plan Update.
Penzel commented on the County recommendation of Co. Rd. 18 to be upgraded to an
intermediate arterial , while Eden Prairie has shown it as a minor arterial . The
City's case should be stated clearly and strongly as being opposed to this plan
because of the large financial investment by the City into the Anderson Lakes Park.
Jullie spoke to the status of the Co. Rd. 18 project that being the approval of a
Resolution requesting that an Environmental Impact Statement be submitted.
Mr. Don Peterson, Eden Land Company, suggested that Valley View Road re-location be
shown by the County as further south of Topview Acres.
MOTION: Pauly moved, seconded by Edstrom, to approve Staff and Planning Commission
recommendations of the Hennepin County Transportation Plan as per Memo of February 22,
1979 and Planning Commission Minutes of February 26, 1979. Motion carried unanimously.
4. Connection to Metropolitan Waste Control Commission interceptor sewer for Ridgewood
West Addition Resolution No. 79-59
MOTION: Redpath moved, seconded by Edstrom, to approve Resolution No. 79-59,
authorizing Permit application as per Jullie's Memo of March 20, 1979. Motion
carried unanimously.
5. RLS Approval for Golf Vista
MOTION: Redpath moved, seconded by Pauly, approval of RLS as per Mr. Jullie's Memo
of February 1 , 1979 for Lot 1 , Block 1 , Golf Vista Addition. Motion carried unanimously.
F. Report of Finance Director
1 . Payment of claims Nos. 3508 - 3674
3508-
MOTION: Redpath moved to approve, seconded by Pauly. approval of Payment of Claims 3674
dated March 20, 1979. A ROLL CALL VOTE was taken, Ed trofi, Redpath and Penzel voted
"aye"; Pauly "abstained"
VII1 . NEW BUSINESS - None.
ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn at 10:15 PM. Motion carried
unanimously.
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TO: MEN PRAIRIE COUNCIL KEMBERS• t
FROM: JANET GERECKE
DATE: MARCH 13, 1979
Please study carefully the attached petition regarding the Shady
Oak PUD. I would like to point out to you that 100% of the
freeholders living on Golden Fridge Drive have signed it. y
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