City Council - 09/04/1979 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 4, 1979 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planning Director Chris
Enger; Director of Community Services
Bob Lambert; Finance Director John Frane;
City Engneer Carl Jullie; 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 moved from the regular agenda to the Consent Calendar:
VI. A. Petition from BanCon, Inc. , regarding setback for Neill Lake Condominiums;
VII. A. 2nd Reading of Ordinance No. 79-23, rezoning approximately 20 acres from
Rural to R1-13. 5, Duck Lake Vista by Pierce & Associates, and developer's
agreement; VII. B. Repeal of Resolution No. 79-103 and adoption of Resolution No.
79-162, final approval for Municipal Industrial Development Bonds in the amount
of $550,000.00 for Ruben Andere rr VIII . B. 2. Authorization for representation
in joint negotiations for a contract beginning January, 1980 Local No. 49 x
VIII B. 3. South Hennepin Human Services Council ; and VIII F. 1 Request to
set a Public Hearing for Municipal Industrial Development Bond approval for Fred
Falk & Robert Murray in the amount of 1 , 00,000.00 for October 2, 1979.
The following items were added to the agenda under the "New Business" cztegory:
1. Advertisement for sale of Milkovich House and 2. Discussion on additional
liquor facility.
MOTION: Osterholt moved seconded by Redpath, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 7, 1979
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of the
City Council meeting held Tuesday, August 7, 1979, as published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. Clerk's License List (Northwest Cinema Corporation was removed at the
request of Mayor enzel and discussed under Council Members reports)
B. Set Public Hearing for rezoning_ Shady Oak Industrial Park (First) from I-5 to
I-2 for October 16, 1979
C. Final plat approval for Shady Oak Industrial Park 2nd (Resolution No. 79-165)
D. Final plat approval for Bryant Lake View Estates (Resolution No. 79-166)
Council Minutes - 2 - Tues. ,September 4, 1979
E. _Petition from BanCon , Inc. , regarding setback for Neill Lake Condominiums -
referred to the Board of Appeals & Adjustments as per City Manager's
recommendation (formerly item VI. A. ) .'
F. 2nd Reading of Ordinance No. 79-23, rezoning approximately 20 acres from Rural
to R1-13. 5, Duck Lake Vista by Pierce & Associates and develo er's agreement
(formerly item VII . A. ) .
G. Repeal of Resolution No: 79-103 and adoption of Resolution No. 79-162, final
approval for Munici al Industrial Development Bonds in the amount of $550 000.00
for Ruben Anderegg (formerly item VII . B. ).
H. Authorization for representation in joint negotiations for a contract beginning
January, 1980 Local No. 49 Resolution No. 79-169 formerly item VIII . B. 1 . ) ,
I. South Hennepin Human Services Council (Resolution No. 79-170) - (formerly
item VIII. B. 2.J .
J. Request to set a Public Hearing for Municipal Industrial Development Bond
approval for Fred Falk & Robert Murrayin the amount of 1 200 000.00 for
October 2, 1979 .formerly item VIII . F. 1.
MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the
Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
Q A. Bluff's West 3rd Addition by Hustad Development Corporation. Request to rezone
from Rural to R1-13. 5 and preliminary plat 166 single family homes on 84 acres.
Located west of Homeward Hills Road, north of Bluffs West 2nd and East of
B. F. I. Landfill and"A" and "B" zones of Flying Cloud Airport. (Ordinance No.
79-14 - rezoning and Resolution No. 79-96 - preliminary plat) Continued
Public Hearing from 8/21/79
City Manager Ulstad explained at the last regular Council meeting the Council
continued this item to this evening with the thought that the Council wanted to
visit with the Flying Cloud Advisory Commission and suggested the proponents
reevaluate the densities in the area and outline their requests for variances.
Dick Putnam, Hustad Development Corporation, outlined in detail the preliminary
plat dated 6/25/79 and distributed data showing the summary of lot sizes
in Bluff' s West 3rd Addition (attached as part of minutes) . Putnam commented
it is possible for them to eliminate a lot adjacent to the park on the eastern
side of the development so it would end up with 70-75 80 feet instead of CC feet
which would not affect the plan, and it also makes the lots a little bit larger
and adds 5 to 10 feet between buildings.
City Planner Enger stated that by removing one or two lots in each of the areas
would considerably loosen up the amount of frontage for the remaining lots
and should drastically reduce the number of lots requiring side yard setback
variances.
Director of Community Services Lambert presented the water storage plan and
park plan.
Redpath asked for clarification as to whether the right-of-way of "S" Street
would remain 80 feet, if the 50 foot setbacks to it would be foregone, and
if in the future there might be a need for a wider road than currently
contemplated?
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Council Minutes - 3 - Tues. ,September 4, 1979
A, Bluff's West 3rd Addi.ti,on (continued)
Enger explained the right-of-way could remain 80 feet, the road itself as
contee=plated would be 32 feet wide with curb and gutter. Staff had previously
suggested 50 foot setbacks from the right-of-way line. Now because the
volumes on the road will be drastically reduced, staff feels the 30 foot setback
called for in the ordinance will be adequate. Staff feels it would be years,
if ever, before the 32 foot road would have to be widened. There would be an
80 foot right-of-way if the occasion ever arose to widen the road.
Pauly felt that there could be a time when the road would need to be wider and
questioned removing the 50 foot setback requirement.
Osterholt asked what the ultimate plan is for the land that the landfill is
occupying? Jullie replied there was a PUD approval for the entire landfill
a ,
site to be developed as industrial , multiple residential and open space.
Jullie commented the developers should be prepared to put in the overflow
structure on Homeward Hills Road as part of their development proposal to insure
the control is there as they start in their improvement work, and it could
also be included in the developer's agreement.
Putnam added he does not see the overflow structure at Homeward Hills Road as
being a significant cost item. The 500 feet of pipe at $35,000 leading from
the 2nd Addition through the park is more of a concern than the overflow
structure,
Pauly noted the removal of some lots on the strip facing the park would loosen R
up the area and asked if the developer had settled on a number of how many lots
would be removed. Enger replied they had not settled on a plan of which lot/lots
would come out where.
General discussion took place regarding the removal of lots , changing of setbacks
and the realignment of lots.
Redpath asked if the developer could live with the fact that they wouldn't develop.
the northern two cul-de-sacs adjacent to the "A" and 'B" zones until the City
could explore the possibility of the Metropolitan Airports Commission purchasing
these lots? Putnam replied that area would be the last of three phases.
Penzel stated he is bothered by the large remaining request for variances.
Suggested that whatever is necessary be done to reduce that number substantially.
Another concern that has been expressed repeatedly is the impact of the airport
on the plat, and various alternatives have been offered as to how that might
be treated. Penzel asked how the developer would feel about redesigning the
two northern cul-de-sacs , which would be adjacent to the airport zones, into
lesser density areas, i .e. , 22,000 square foot minimums , in order to open
up space and not only respond to the question of aviation noise, but also
respond to the question of air crash safety.
Putnam replied the developer is not at this point feeling the fear of developing
in this part of town because of airplanes crashing into homes. If MAC is
interested in purchasing the property for clear space, the developer has no
control over that. At this point the proponents are operating under what they
understand the City, MAC and the State Aeronautical Board have said the ground
rules are, which stated development could not take place within a mile of the
airport. Putnam further commented if the developer is asked to put in two acre
lots and make it economically feasible with sewer and water, dedicating a park,
paying the cash park fee, the answer is "no", it doesn't make any sense.
Council Minutes - 4 - Tues. ,September 4, 1979
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A. Bluff' s West 3rd Addition (continued)
Osterholt stated he would be in favor of continuing this public hearing until
the Council has a recommendation from the Flying Cloud Airport Advisory
Convni ssion. Further that staff relay to the Advisory Commission the comment
made by Mr. Putnam that the developer would be willing to remove one lot from
the plat and possibly eliminating the point and readjusting the lot lines in
the whole plat.
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MOTION: Redpath moved, seconded by Osterholt, to continue the Public Hearing
on BI uff' s West 3rd Addition to the October 2nd Council meeting, and in the p
interim request staff to 1 ) carry forward to the Metropolitan Airports A
Commission their potential acquisition of property around the safety zones,
2) request the Flying Cloud Airport Advisory Commission to meet at the
earliest opportunity to prepare a recommendation for the Council , 3) reconsider
50 foot setbacks as the road might be widened in the future, 4) review the
potential development to the west which included some industrial uses, 5) review
the drainage in the park the developer is going to put in and what the cost
will be, and 6)reexamine the degree of variances with the developer. Redpath,
Osterholt, Pauly and Penzel voted "aye" , Edstrom "abstained" for reasons
stated at the beginning of the hearing on August 21 , 1979.
B. Valley View Road 'West of Co. Rd. 4 and _Dell Road ImprovementsI.C. 51-325
Resolution No. 79-163 �!
City Engineer Jullie spoke to the feasibility report, the total scope of the
improvement project, proposed costs, properties affected, and the phasing
schedule as outlined in memo dated August 31 , 1979.
Penzel referred to communications received from Philip D. Whitman, Attorney
for the Jarip Corporation, and Geneva Middleton, 9411 Timber Trail , and asked
that same be entered into the records. (Attached as part of minutes)
Redpath asked what if anything can be done to help address the concerns
regarding the lump sum payment due 90 days after the "green acres" designation
is removed.
:,ullie replied that was a concern raised by the property owners at a meeting
held a couple of weeks ago, and their expression was a great concern over the
fact that the "green acres" designation is lost on the parcel of ground.
The owners have only 90 days to reimburse the City for all the bacK payments,
including principle and interest. Jullie suggested the Council may be open to
a consideration of reassessing that past due balance over the remaining
term of the original levy. In most cases the "green acres" designation is
lost because the owners have decided it is time to subdivide or sell their
property and probably have lined up a purchaser who as part of his development
costs includes it in his financing package to pay off that debt. It might be
reasonable for the City to consider reassessing the remaining balance to help
soften that debt.
Paul Skjervol d, attorney representing Alfred 8 Rose Pavel ka, referred to letter
he sent on his client' s behalf opposing the project (attached as part of
f minutes) .
The following residents spoke in opposition to the project: Mr. b Mrs.
Gliscinzki , 7152 Ticonderoga, Tom Tupper, 7178 Ticonderoga, Bob Cole, 7160
Park View lane, Jim Swezey, 18204 Valley View Road, Gene Ransos , 7138
Ticonderoga, Bruce Anderson, 18200 Valley View Road, Mrs . Nelson, 18129
Valley View Road, Mrs. Brady, 18216 Valley View Road, and Mr. McKewan, 16730
Baywood Terrace.
Council Minutes - 5 Tues. ,September 4, 1979
a w Road West of Co. Rd. 4 & Dell Road Improvements (continued)B. Valley View oa p ( ued)
Howard Harvey, Attorney for Anna Picha, requested to go on record in
opposition to the road improvement because it serves no benefit to Mrs. Picha's
property at all . Mrs. Picha 's property faces #101 and she has all the
access she needs. Mr. Harvey asked if there is going to be any kind of a
deferment for people like Mrs. Pi cha as she is in a nursing home at the present
time and they have to plan her resources.
Jul 1 i e replied the C i ty has for utilities determined that deferments are
possible and those decisions have been made at the assessment hearings when
final costs are in and recommendations are made in regard to deferments.
Penzel further commented although the property does front on an existing road
of some significance, he would tend to believe a second access would be highly
beneficial and would make it developable which would be a benefit in of itself.
Paul Ratwick, Attorney for the School District, expressed concern that there not
be any delay in the construction of the railroad bridge as they are very
much concerned with the safety of the students and faculty.
Steve Rude, Eden Prairie High School teacher and resident living at 6490
Undestad Street, spoke in opposition to the placement of Valley View Road
as it divides the best outdoor classroom they have - Round Lake. The Biology
Department uses the present lake by the high school for classes, and they
plan to use Round Lake when they move to the new high school .
MOTION: Pauly moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 79-163, ordering the pre aration of plans and specifications
for Valley View Road & Dell Road ( I .C. 51 -325�, instructing staff to undertake 3
any review regarding alternative approaches to the project the Council may
find suitable, and to review the possibility of two phases rather than three
as proposed. Motion carried unanimously.
C. Cardinal Creek Phase 2 b Western Construction Company, Inc. Request to rezone
from Rural to R1-13. 5 and preliminary plat 30 acres into 28 single family lots,
Located east of Cardinal Creek, north of Topview Acres, and south and west of
Purgatory Creek (Ordinance No. 79-29 and Resolution No. 79-158)
Billy Bye, Western Construction Company, spoke to the plan and the history of
the PUD. The proponents have met with City staff and the advisory commissions
and have received a favorable recommendation. Bye introduced Greg Gustafson,
one of the partners in the firm, Jim Bye, Cardinal Creek & Associates, and
Bruce Knutson and Lyle Folkestad, Bruce Knutson Architects, Inc.
Mr. Folkestad displayed graphics showing the neighborhood framework, site
framework, sections, illustrated site plan and proposed plat, proposed grading
ana proposed utilities.
Planning Director Enger explained this proposal was reviewed by the Planning
Commission on July 23, 1979 and the Commission on a 4 - 1 vote recommended
approval to the City Council as outlined in minutes.
Director of Community Services Lambert outlined the action taken by the
Parks, Recreation & Natural Resources Commission on August 6, 1979 and was also
recommended for approval to the Council contingent on the Planning Staff Report
and the Director of Community Services Report. Lambert displayed a map showing
the trail system which was the Commission's main concern.
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Council Minutes - 6 - Tues. ,September 4, 1979 k
C. Cardinal Creek Phase 2 (continued) '
Osterholt suggested when the Parks, Recreation & Natural Resources Commission
discusses trails that someone from the Public Safety Department or Mr. Lambert
should discuss the problems of having trails isolated. We either have to find
a way to patrol the trails or find more well traveled areas to put the trails.
General discussion took place regarding the road system. Penzel suggested the
Council might want to consider the recommendation for not allowing the cul-de-sac
to stop short of the subdivision line of Cardinal Creek 2.
Larry Hanson, 130O6 Gerard Drive, and Arnold Beckman, 12900 Gerard Drive,
stated they were totally opposed to any extension of Gerard Drive to Cardinal
Creek 2.
John Reedy, 7262 Gordon Drive, commented in a series of meetings with the
Topview people on the Topview park site issue, the question of the Gerard
connection came up. The sentiment was extremely strong against any connection
with Cardinal Creek.
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Barbara Kaerwer, 12800 Gerard Drive, spoke in favor of a trail entirely around
the dried lake bed.
Edstrom asked if the trail referred to by Mrs. Kaerwer would duplicate the
trails along the cul-de-sac. Lambert replied they would not, as the trails
along the cul-de-sac are hard surfaced trails for the chi ldren to use to get
to the school system. The trail talked about would be a wood chip trail in the
.. flood plain, mainly where the children could be in the flood plain, watch birds, I
nature, etc. It would be a completely different kind of trail .
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
give a 1st Reading to Ordinance No. 79-29, rezoning Cardinal Creek Phase 2 by
Western Construction Company, Inc. from Rural to R1 -13. 5. Motion carried
unanimously.
Osterholt commented there is a place somewhere along the lots that 1 i e on the
east side of the road that is extended on the long cul -de-sac where a public
easement to the flood plain area could tie into a chip path. Osterholt requested
staff to work out the details where this path could be placed. Bye replied
that would be amenable to the proponents.
Howard Kaerwer stated basically he is interested in the flood plain being used,
and suggested a connection somewhere along one of the easterly lots from the
street down into the flood plain with a trail in the flood plain. Lambert
replied that would be workable.
Bob Haddorff, 12716 Gerard Drive, spoke in favor of a trail through Kaerwer's
as he has three children of elementary age and a trail through Kaerwer's lot
Tine into the Suggested trailway towards Forest Hills would be an ideal
situation for his family.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-158,
i approving the preliminary plat for Cardinal Creek Phase 2 by Western Construction
Company, Inc. , with the inclusion in the final plat of the easement along
lot lines of the lots on the easterly side of the long cul-de-sac down into
flood plain which will permit a connection to a trailway in the flood plain to
the Kaerwer' s property. Motion carried unanimously.
Council Minutes - 7 - Tues. ,September 4, 1979
MOTION: Osterholt moved, seconded by Redpath , to continue the Council meeting past the
11 :30 PM scheduled adjournment time. Motion carried unanimously.
D. LeParc by Jax Kohl rusch. Request to rezone from Rural to I-2 and preliminary
plat 35 acres for an industrial park and EAW approval . Located north of.
Valley View Road and proposed Briarfield Estates, and south of Shady Oak
Industrial. Park 2nd Addition. (Ordinance No. 79-31 , rezoning,
Resolution No. 79-160 - preliminary plat. and Resolution No. 79-161 - EAW) M
Wally Odell spoke on behalf of the Swendseen's, the fee owners,commenting
this is the last parcel of land they have remaining. The Swendseen's have
entered into a purchase agreement with Mr. Phillips of Jay Kohlrusch to sell
their remaining lands. Mr. Odell spoke to the proposal . '
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing
and give a 1st Reading to Ordinance No. 79-31 , rezoning from Rural to I-2
for LeParc by Jay Kohlrusch. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-160,
approving the preliminary plat of 35 acres for LeParc by Jay Kohlrusch. Motion
carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-1619
finding the Environmental Assessment Worksheet on LeParc does not require an
Environmental Impact Statement. Motion carried unanimously.
f MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft
d�1r a developer's agreement incorporating the recommendations of the commissions
and staff. Motion carried unanimously.
E. Mitchell Heights by Ryco Development, Inc. Request for PUD Concept approval
and preliminary plat of 94 attached residential units on 15 acres zones
RM 2.5. Located east of Mitchell Road and north of Atherton Townhouses.
(Resolution No. 79-1.59)
Mr. Donald Gild, Ryco Development, Inc. , spoke to the proposal. Bill Dolan,
Koehnlein, Lightowler, Johnson, Inc, displayed graphics with changes the
Planning Commission recommended and which the proponents have agreed to.
Mr. Dolan, along with Mr.Gild , answered questions of Council members.
City Planner Enger explained this item was reviewed at the July 23 and August
13th Planning Commission, and was recommended for approval to the Council .
A recommendation was made by Staff and the commission that Phase 2 not proceed
until Anderson Lakes Parkway is ordered in.
Osterholt stated he would like to see a graphic on how the roads fit together.
MOTION: Pauly moved, seconded by Edstrom, to close the Public Hearing and
approve the PUD Concept for Mitchell Heights by Ryco Development, Inc. Motion
carried unanimously.
MOTION: Pauly moved, seconded by Edstrom, to adopt Resolution No. 79-159,
approving the preliminary plat for Mitchell Heights by Ryco Development, Inc. ,
with the understanding the concern of Anderson Lakes Parkway be resolved.
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft a
developer's agreement incorporating the recommendations of the commissions
and staff. Motion carried unanimously.
Council Minutes - 8 - Tues. ,September 4, 1979
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V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Petition from BanCon, Inc. , regarding setback for Neill Lake Condominiums
This item was moved to the Consent Calendar (III. E. ) .
VII. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 79-23, rezoning apRroximately 20 acres from Rural
to R1-13. 5, Duck Lake Vista by Pierce & Associates, and developer's agreement
This iterr: was moved to the Consent Calendar (III. F. ) .
B. Repeal of Resolution No. 79-103 and adoption of Resolution No. 79-162, final
approval for Municipal Industrial Development Bonds in the amount of
550,000.00 for Ruben Anderegg
This item was moved to the Consent Calendar (III. G. ) .
VIII. REPORTS OF OFFICERS, BCARDS & COMMISSIONS
A. Reports of Council Members
1. Councilwoman Pauly explained she is going to appear before the
School Board on the Highway #212 alignment,
2. Councilman Redpath reported on two items: a) Cable TV and b) his
meeting with Cliff French of the Hennepin County Park Reserve
District
3. Mayor Penzel spoke to two items:
a) his request that Northwest Cinema be removed from the Clerk' s
License List, and that staff be directed to check to make sure
the requirements of the license are +net, and
b) the County's Planning Task Force which recommended that the Crosstown
not be delayed but dropped from the five-year capital improvement
plan. Penzel outlined Minnetonka ' s request that Eden Prairie support
them for the construction of the Crosstown and commented he felt there
would be benefit for Eden Prairie to have the road extended but
comented personally it would be better to have it on the plan rather
than on the construction schedule.
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No.
79-177, supporting the City of Minnetonka's request to keep the Crosstown
extension to Highway #494 on the five-year capital improvement program.
Motion carried unanimously.
B. Report of City Manager
1. Proposed Draft of 1980 Budget
MOTION: Osterholt moved, seconded by Redpath, to receive the proposed draft
of the 1980 Budget and set Thursday, September 13, 8:00 PM, to review same.
Mntinn f`�NNtn.+ ur.�nvs.n...•l. -
Council Minutes - 9 - Tues. ,September 4, 1979
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2. Authorization for representation in joint negotiations for a contract
be innin January, 1980 Local No. 49 - Resolution No. 79-169
( This item was moved to the Consent Calendar (III, H. )
3. South Hennepin Human Services Council (Resolution No. 79-130)
This item was moved to the Consent Calendar (11I, I . )
4. Discussion on revising hunting zones, amending Ordinance No. 337
Firearm's Ordinance
MOTION: Osterholt moved, seconded by Redpath, to release to the press
action is being considered to reduce the hunting zones, with the exception <F
of the Eames property, and that this item be referred to the Parks,
Recreation & Natural Resources Commission for a recommendation and back
to_ the Council on September 18th. Motion carried unanimously.
Mike Eames, 17345 W. 78th Street, asked if the Council would allow guests
to hunt on his property. Council had no objection to his request.
Mrs. Eames commented they have never had anybody hunt on their property
without permission.
5. Open House
City Manager Ulstad suggested the date of October 13th from 9:00 AM
to 12:00 Noon for an open house at City Hall and the Fire Stations,
y Council members concurred with Mr. Ulstad's suggestion,
C. Report of City Attorney
1. Building moving ordinance
Pauly explained he is in the process of drafting an amendment to the building
moving ordinance and during the course of review and work in that area , he
found that the Legislature enacted a law during the last legislative session g
which came into effect August 1st providing for licensing of building movers by
the State. Our ordinance is broad enough to include movers and also any person a
who would own such a house. The State regulation provides that the State Law
is to be exclusive as to bonds, insurance coverage, etc. , and leaves it up
to the City to permit regulation of hours, routes and movement, etc.
Pauly stated he talked to two people in the Attorney General 's office who
represent the Public Service Commission and the Department of Transportation,
plus another individual from the department as to whether or not they had
enacted any regulations to implement the State law. To-date they have not
even thought about it and they haven't even issued a license.
Pauly commented he will be submitting the amendment to the Planning Commission
and that when the State regulations are adopted we will have to review our
ordinance again, which may not be for several months.
D. Report of Director of Cummunity Services
1. To view Park Purchase Agreement
City Manager Ulstad explained Mr. Miller was not willing to agree to an
option for 6 months which the Council directed Staff to pursue. Staff' s
recommendation is to enter into the Purchase Agreement for $40.000,
using Cash Park Fees for the acquisition of this parcel and including
Council Minutes - 10 - Tues. ,September 4, 1979
1. Topview Park Purchase Agreement (continued)
d
development costs in the proposed Park Bond Referendum. Further that the
City Attorney review the legal question of including the acquisition costs
of this park within the bond referendum so the Cash Park Fee Fund could
be reimbursed if a bond referendum was successful .
MOTION: Osterholt moved, seconded by Edstrom, to authorize staff to
enter into a purchase agreement with Mr. Tom Miller in the amount of
$40,000 for his parcel to be used for the Topview Mini-Park. Roll
Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye" .
Motion carried unanimously.
E. Report of City Engineer
1. Consider bids for utility and street improvements for Chatham Wood,
I. C. 51-343 Resolution No. 79-164)
City Engineer Jullie recommended awarding the bid to Nodlard Assoc.
in the amount of $776,429.50, subject to receipt of written approval
from the actual fee owners that they understand these costs and will
accept the assessments.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No.
79-164, awarding the bid to Nodland Assoc. in the amount of $776,429.50
for utility and street improvements for Chatham Wood, I .C. 51-343,
subject to receipt of written approval from the actual fee owners that
they understand the costs and will accept the assessments. Roll Call Vote:
Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried
unanimously.
2. Status report on Dell Road, I .C. 51-326
City Engineer Jullie referred to his memo dated August 31st and communication
from BRW dated August 29th, recommending the Council direct staff to
renegotiate the alignment of Dell Road to avoid the soils Problems. -
MOTION: Edstrom moved, seconded by Osterholt, to direct staff to renegotiate
the alignment of Dell Road as outlined on page 2 of the letter from
Mr. Gardner of BRW dated August 29, 1979. Motion carried unanimously.
3. Status report on Crosstown extension
This item was covered under item VIII. A. 3. b) .
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F. Report of Finance Director
1. Request to set a Public Hearing for Municipal Industrial Development Bond
approval for Fred Falk & Robert Murray in the amount of $1 ,200,000.00 for
October 2, 1979
This item was moved to the Consent Calendar ( III. J. )
2. Payment of Claims Nos. 5472 5624
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MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims
Nos. 5472 - 5624. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel
voted "aye" , Pauly "abstained" . Motion carried.
Council Minutes - 11 Tues. ,September 4, 1979
IX. NEW BUSINESS
1. Advertisement for sale of tali l kovich House
City Manager Ulstad referred to memo from Director of Community Services
Lambert requesting Council 's permission to advertise for the sale and removal
of the Milkovich house in Anderson Lakes Park.
MOTION: Redpath moved, seconded by Edstrom, to authorize staff to advertise
for the sale and removal of the Milkovich house in Anderson Lakes Park
as per staff recommendation. Motion carried unanimously.
2_ Discussion on additional liquor facility
City Manager Ulstad stated he has a letter from BarMil Search Corporation
requesting the City Council consider a 2nd liquor facility in Eden Prairie.
Ulstad requested that this item be continued to the September 18th Council
meeting and that a representative from BarMil Search Corporation be invited
to attend the meeting outlining their request.
MOTION: Osterholt moved, seconded by Redpa th, to continue discussion on
an additional facility to September 18th at which time a representative
from Barl4il Search Corporation be invited to make a presentation. Motion
carried unanimously_
X. ADJOURNMENT
MOTION: Pauly moved, seconded by Edstrom, to adjourn the Council meeting at
i�• 1:25 AM.' Motion carried unanimously.
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Sept. 5, 1979
Mayor Penzel
f.
Council Members : Pauly, Osterholt, Redpath, Edstrom
�s
As I am unable to attend the meeting tonight because of professional responsi-
bilities, I would ask that this letter be read.
f
The siting of the extension of Valley View Road concerns me for many reasons. ! '
Public school buildings of any level should not be located on heavily traffi$ed
I
thoroughfares for the obvious reasons of health and safety of the students.
Many conditions have been agreed to, pedestrian walkways, some forts of signalling,
but lessons should be learned from surrounding districts, Eisenhower H.S. in
Hopkins and Edina East have been limited because of increasing traffic and re-
sulting expansion, noise and safety hazards.
,e
The advantages of constructing a high school next to a lake and wooded area, both
for visual aesthetics and for educational programs are lessened when berming,
plantings, and channeling of students onto two walkways are the first considera-
tion in determining landscaping or use.
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The main advantage of this siting plan, we have been told, is the Lessened cost of I;
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a direct route. These lessened costs certainly have been increased by the condi-
tions agreed to: fencing, berming, landscaping, walkways, signalling, condemna-
tion of private lands, etc.
The main thrust for this road was the need to carry traffic on an east-west col-
lector road. With the finalization of 62nd Crosstown plans and the routing of that
road ,just a few blocks north which will solve many of the morning and evening,
east-west traffic problems, and the problems of extending this new road east or
west because of the problems with the railroad and existing development, it seems
Fy
that the extension would be build to serve mainly the school. The City doesn't
build roads to serve schools and when they were involved in the past as in Wallace
"3
Road, there were problems for the City and the school in use and limits.
'.astly, there is the problem of the protection of Round Lake and its surrounding
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environment. The road will be dangerously close to our main and really only,
recreational resources. My concern is for the pollution that could occur during
construction, the continued noise, air and run off pollution caused by use and
any future expansion, and limitations in use by certain age children because of
traffic. '
Please consider the priorities of the young people of Eden Prairie, their parents,
the environment and all of as 'who moved to Eden Prairie because of the chance to
be involved in planning• a community which considers those things more important
than asphalt and concrete.
F
Sincerely,
Geneva Middleton
9411 Timber Trail
Eden Prairie, Ma.
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PIIILIP D. WHITMAN
ATTORNEY AT LAW :
220 CUTACROSS ROAD
MINNaPOLIS, MINN. 55422
TELEPHONE 545-4:L118
September 3, 1979
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, M. 55343
Re: Public Works Improvements
I.C. 51-325 in Section 7 and
Gentlemen: Section 8, T. 116 R. 22
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The following comments relating to the proposed improvements are
made in response to the invitation therefor contained in the Notice
of Hearing on the above captioned improvements published by the
City of Eden Prairie.
These comments are made in behalf of Jarip Corporation as developer
and are limited to proposed construction in the development known
as Maple Leaf Acres. Referfmces to a Report or to the Report refer
to the City of Eden Prairie FEASIBILITY REPORT FOR 7ALLEY V1W ROAD
EXTEWSION, I. C. 51 325. For the purpose of oonvenience, reference
will also be made from time to time herein to PHASE A, PHASE B, and
so on through PHASE H. Such references are to Maple Leaf Acres
Phasing Plan filed with the City, a copy nf uhich is attached to
Rezoning Agreement dated the llth day of November, 1977, between the
City and Jarip Corporation.
FIRST COMMW
The FEASIBILITY REPORT, Page 12, refers to the Construction of Valley
View Road in Maple Leaf Acres and that portion of Dell Road beginning
200 feet South of Duck Lake Trail and continuing South into the
Hidden Ponds Addition. Our concern here is limited to the portions
of such construction coming within the boundaries of Maple Leaf
Acres. This construction is included in PHASE TWO (see Page 12 of
of the Report) . The PROJEt.T SCHEDULE shown in the Report following
the page containing the Notice of Hearing contemplates the awarding
of the contracts February 5, 1980, and completion of the improvement
October 1, 1980. Reference to the PHASING PLAN shows that the road
construction contemplated falls in PHASE G.
Maple Leaf Acres is being developed in an orderly manner in phases
conforming to recommendation of the City with a specific purpose
for the development in the alphabetical order of the PHASING PLAN..
With the exception of PHASE H, which is not included in the Report,
it will be observed that PHASE G is the last area to be developed.
In the development of PHASE G, a substantial amount of earth must
be removed from the hill area in Block 1. Such excess dirt will be
moved from Block 1 for fill in PHASE D. The transfer of such earth
will be made through the use of scrapers which will be required to
cross Valley Vier Road and travel along Dell Road to PHASE D. The
operation of the scrapers across Valley View Road and along Dell
Road could be very detrimental to such road and should be done before
the roads are completed. It is therefore our recommendation that
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To City Council, Eden Prairie, P. 2 September 3, 1979
the proposed improvement of Valley View Road and Dell Road, within
the boundaries of Maple Leaf Acres, be deferred one year to 2981.
a
SECOND COMMENT
Phase 2 of the Report includes plans for drainage and utility con-
struction. With respect to the SANITARY SEWER PROJECT, shown on
FIGURE VI, attached to the Report, it appears that the portion
planned for construction in Maple Leaf Acres extends from the south
boundary line of Maple Leaf Acres along Dell Road to Valley View
Road and then along Valley View Road on each side of Dell Road. As
we read such Report, we find no reference to sanitary sever work
proposed for Maple Leaf Acres Addition. The preliminary assessment
roll, shown in the Report, indicates an assessment estimated to be
$19,000, which would appear to be for the cost of the sanitary project
along Dell Road and Valley View Road in Maple Leaf Acres. The con-
struction of such proposed sanitary sewer would serve no purpose in
so far as Maple Leaf Acres property is concerned, and no property
owners therein would be benefitted. Developer's position therefore
is that if such implied construction is to be completed, the cost
thereof must not be assessed against the property owners in Maple
Leaf Acres.
The developer of Maple Leaf Acres has already installed sanitary
4 . sewer lines in the portion of Maple Leaf Acres lying west of Dell
Road and east of Hidden Ponds and will have such installation a-m-
pleted to Valley View Road by November 1, 1979. This installation
runs in a north-south direction through PHASE E of the Maple Leaf
Acres PHASING PLAN. When Block 1 of PHASE G is ready for development.,
the sanitary sewer will be extended beyond Valley View Road to
service the property in Block 1. The developer will also be
installing a sanitary sewer line through PHASE D and PHASE F of the
PHASING PLAN, and PHASE G of the Maple Leaf Acres will be serviced by
such sanitary sewer line.
THIRD COMMENT
Phase 2 also includes proposals for construction for drainage pur-
poses. The proposed drainage facilities are discussed on Pages 8 and
9. Such discussion contains no reference to Maple Leaf Acres;
however, FIGURE V DRAINAGE, attached to the Report, indicates pro-
vision for sewer ong Dell Road to Valley View Road and
then along Valley View Road on either aide of Dell. Read.
The existing storm sever in Maple Leaf Acres has been installed by
the developer, and the developer desires to continue with that work
and therefore recommends that it be excluded from the proposal or
that its construction be negotiated with the developer.
To City Council, Eden Prairie, P. 3 September 3, 1979
FOURTH COMNINT
Another portion of Phase 2 is with respect to the installation of
certain watermains. The discussion is on P. 10, but refers to
Figure VII .to indicate the location of the proposed mains. Figure VII
shows a proposed watermain extending along Valley View Road from the JJ
south border of Maple Leaf Acres to the west border thereof. Such
portion of the proposed watermain is unnecessary and serves no pur-
pose in so far as Maple Leaf Acres is concerned. What we have
previously said concerning the installation of the sanitary sewer
lines in Maple Leaf Acres applies as well to the proposed watermain.
Developer has installed watermain lines in Maple Leaf Acres and
proposes to continue with such installation along with the sanitary
sewer lines as presently scheduled. We note from the PRELLNU NARY
ASSES,%-IF13T ROIL that the assessment against Maple Leaf Acres property
affected by the proposed lateral watermain amounts to $42,700 plus.
On Page 15 of the Report, under the heading Lateral Sewer and Water
Assessments, it is stated "Where the cost of the facilities can be
ire related to benefits, such as in Maple Leaf Acres Addition.,
the estimated project cost has been spread evenly over the bene-
fitted parcels." It is the position of developer that there is no
benefit to the Maple Leaf Acres property for the proposed extension
of the watermain along Valley View Road. Thus, the $42,700 of
proposed lateral watermain assessment and the $.19,000 of proposed
lateral sewer assessment would be improper assessments against the
Maple Leaf Acres Addition.
FIFTH CCMMENT
On Page 16 of the Report, under the subject of Street Assessment, it
Is stated that "A reduced rate of $20.98 is propos or ce
properties in the Maple Leaf Addition * * * to reflect a credit for
work done by the developer to install a short piece of Den Road and
a new connection to Duck Lake Trail." We question the accuracy of
this figure and suggest that the matter be reviewed with the City
and Hedlund Engineering Services, Inc.
The PRELIMINARY ASSESSNUYT ROLL indicates that Maple Leaf Acres
would have 4,625 feet subject to the street improvement assessment.,
which, at $20.98, would amount to $97,032. January 24, 1979,
Hedlund Engineering Services, Inc., informed Jarip Corporation, the ?
developer, of the breakdown of costs attributed to the Dell Road
portion of the Dell Road Improvement Construction, which included
grading and curb work for the new connection of Duck Lake Trail to
the east with Dell Road. The total amount thereof was $76,591. It
was the understanding of J a r i p Corporation that the total cost
of the improvement was estimated to be $140,000. Reducing that
amount by the amount of $76,591 would leave a balance of $63,409
rather than $97,032. I believe that there are other credits due
Jarip Corporation for additional work perfomed by it which Mould
further reduce the amount of the street improvement assessment. This
appears to be something that should be further reviewed by the City,
Jarip Corporation, and Hedlund Engineering Services.
cc: Jarip Corporation Yours
LAW OFFICES OF
CAUL A . SIC�T I. I��'UL71
SUITE 1600 RAIN TOWER
MINNEAPOLM.MINNESOTA 55402
OFFICE 333-5563
RESIDENCE 474-9099
August 29, 1979
Ms . Kathy Hermann
Deputy City Clerk
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Proposed assessment of
Rose and Alfred Pavelka
Improvement Contract No. 51-325
Dear Ms. Hermann:
This letter is for the purpose of informing you that I
have been retained to represent Rose and Alfred Pavelka in regard
to the above. They have provided me with s copy of the Prelimi-
nary Assessment Roll.
From my discussion with the Pavelka' s and my inspection of
their property, it would appear that the proposed assessments
far exceed the special benefits to the property measured by the
difference in market value before and after. Indeed, the so called
street improvements for which an assessment of some $651, 000.00
is proposed, may well prove to be a damage rather than a benefit.
Please make this letter part of the record so as to show
the Pavelka' s objection to the proposed assessments.
e y - truly yours,
PAUL A. SKJE D.
PAS/vas
cc : Mr. and Mrs. Pavelka
August 31 , 1979
filuffs west 3rd Addi tier.
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Lor. Size Summary
BLOCK 1
Lot 1 - 20,400 11 - 13,825 21 - 24,350 31 - 16,362 41 - 10,350
2 - 13,500 12 - 15,235 22 - 16,800 32 - 12,360 42 - 11,700
3 - 13,125 13 - 21 ,775 2.3 - 1-9,987 33 - 11,437 43 - 10,200
4 - 11,625 14 - 17,212 24 - 16, 150 34 -- 11,000 44 - 10,500
5 - 10,500 15 - 13,500 25 - 17,719 35 - 10,200 45 - 10,500
6 - 10,500 16 - 16,818 2a - 25,312 36- 46 - 10,570
7 - 10,500 17 - 18,900 27 - 14,400 ?7 - 47 - 10,920
8 - 11,100 18 - 1.7 ,675 2 - 1" .412 311 - " 48 - 14,400
9 - 11,625 19 - 11 ,000 29 - 30,420 39 - 49 - 13,500
10 - 11,375 20 - 14,737 30 - 23,850 40 - 50 - 19,635
BLOCK 2
Lot 1 - 14,381 3 - 10,625 5 - 13,750
2 - 13,500 4 - 10,625 6 - 15,375
BLOCK 3
Lot 1 - 13,875 7 - 19,143 13 - 15,000 19 - 12,000
2 - 14,000 8 - 18,900 14 - 15,000 20 - 12,000
3 - 19,294 9 - 15,631 15 - 11,653 f- - 12,000
4 - 14,625 10 - 15,00E 16 - 11 ,238 22 - 12,000
5 - 19,906 11 - 15,000 17 - 12,488 21 - 12,000
6 - 13,500 12 - 15,375 1A - 12 ,000 24 - 16,875
BLOCK 4
Lot 1 - 14,625 7 - 17 ,184 13 - 15,119 19 - 15,500 25 - 16,250 31 - 17,738
2 - 15,000 8 - 12,675 14 - 17,169 20 - 15,500 26 - 21,900 32 - 20,100
3 - 23,269 9 - 11 ,263 15 20,9fif' 21 - 15,750 27 - 26,250 33 - 16,594
4 - 16,313 10 - 13,050 16 - 18,275 22 - 17,250 28 - 16,981 34 - 15,174
5 13,750 11 - 15,600 I7 - 15,514 23 - 17,500 29 - 12,OOfl 35 - 13,500
6 - 16,450 12 - 15,888 18 - 15,500 24 - 16,750 30 13,581 36 - 16,875
BLOCK 5
Lot 1 - 15,888 4 - 12,800 6 - 12,029
2 - 12,000 5 - 13,62.8 7 - 14,250
3 - 14,168
BLOCK 6
Lot 1 - 15,863 3 - 15,3r,6
2 - 14 ,625 4 - 16,200
B! OCK 7
Lot 1 - 16,803 5 9,600 9 - 8,043 13 - 11 ,509
2 - 9,000 6 - 9,300 10 - 13,065 14 - 13,500
3 - 9,779 7 9,219 1. 1 - 11 ,5� 0 15 15,593
C 4 - 9,540 8 - 8,500 12 - 10,656 16 - 17,038 I
BLOCK 8
Lot 1 - 16,000 3 - 12,600 5 - 18,120 7 - 17,690
2 - 16,419 4 - 13,000 6 - 12 ,000 8 27,056
BLOCK 9
Lot 1 - 14,641 6 - 14,013 11 10,600
2 - 14,687 7 - 12 ,400 12 - 10,150
3 - 10,500 8 - 11 ,000 13 - 10,745
4 11,813 9 - 10,080 14 - 10,920
5 - 11,664 10 - 10,000 15 - 12 ,962
SUMMARY
Lots Greater than 13,500 = 96
Lots Less than 13,500 = 70
Lots 20,000 or Larger = 11
19,000 _ 5
18,000 = 5
" 17,000 " ►, 10
16,000 " - 16
15,040 ., 22
,f 14,000 �, �, = 14
- " 13,000 = 17
12,000 17
" 11,000 " = 16
If 10,000 " to = 25
Lots Less than 10,000 = 8
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**
BLOCK 20 19 18 17 16 15 14 13 12 11 10 Less than 10 Total
1 5 2 2 3 4 1 4 5 1 8 15 50
2 1 1 2 2 6
3 3 1 1 6 2 2 7 2 24
4 5 1 5 7 10 1 4 2 1 36
5 i 2 1 :3 7
G 1 2 1 4
7 1 1 1 2 2 1 8 16
8 1 1 1 2 i 2 g
9 3 2 _ 3 7 15
Total 11 5 5 10 16 22 14 17 17 16 25 8 166
** In Thousands
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JOINT FLYING CLOUD ADVISORY COMMISSION & CITY COUNCIL
MINUTES "r ?
The meeting of the Joint Flying Cloud Advisory Commission & Eden
Prairie City Council was called to order at 6 :30 p.m. on Tuesday,
September 4 , 1979.
Council Members Present a Mayor Wolfgang Penzel , Sidney Pauly, Paul
Redpath, Dean Edstrom, Dave Osterholt
Commission Members 'Present : Sally Brown, Norma Schee, Tom Faranda,
Claude Schmidt , Kent Barker, Bill Gilk and Les Lewis
City Staff Present: Roger Ulstad, Chris Enger, Jean Johnson
Others Present: Dick Putnam of Husted Development
The majority of the meeting was used for extensive discussion of the
proposed development of Bluffs Nest 3rd Addition.
The balance of the meeting was spent discussing the push by the
Federal Aviation Administration to have incompatable aircraft
use the satellite airports .
The next meeting was scheduled for Wednesday, September 19, 1979.
The meeting was adjourned .
Respectfully submitted,
i�
klliam H. Gilk
Secretary
Flying Cloud Advisory Commission
WHG: car
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