City Council - 11/06/1979 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER 6, 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 Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION: Reverend William Bonner, Eden Prairie Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present. (Redpath excused from meeting at 9:30 PM).
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were removed from the Consent Calendar and placed
under categories indicated: III. D. Receive petition for sewer and water
trunk extensions in the MRS-1 Service Area, T .C. 51-363(Resolution No.
79-206 moved to VIII . D. 2. , III . J. Payment of Claims Nos. 6052 - 6235
moved to VIII. F. 2.
The following items were added to the Consent Calendar: VII . A. Resolution
No. 79-179, agreement with Logis & Optimum Systems (continued from 10/2/79 ;
VII . B. Resolution No. 79-207, recdmending the County Board approve the final
"911 Plan for Hennepin County" as submitted by HECO; ViII .C. 1 . Authorization
to advertise for bids for compressor for Fire Department; and VIII _ E. 1 .
Request to hire appraiser for Miller Park Parce142
One addition was made to the "New Business" catenary (IX) : Public Service
Conrcni s s i on. _
MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as
amended and published. Motion carried unanimously.
II. MINUTES
A. Special City Council Meeting held Tuesday, September 13, 1979
Item II.I , 2nd para. , 3rd line, strike "previous City's" and insert in lieu
thereof "City's previous".
MOTION: Edstrom moved, seconded by Pauly, to approve the minutes of
the Special City Council Meeting held Tuesday, September 13, 1979,
as amended and published. Motion carried unanimously.
B. Regular City Council Meeting held Tuesday, October 2, 1979
MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of
the Regular City Council Meeting held Tuesday, October 2, 1979, as
published. Motion carried unanimously.
,.ouncil Minutes - 2 - Tues . ,Noveniber 6, 1979
C. Special City Council Meeting held Wednesday , October 10, 1979
MOTION: Osterholt moved, seconded by Redpath, to approve the minutes of
the Special City Council Meeting held Wednesday, October 10, 1979, as
r published. Motion carried unanimously.
III . CONSENT CALENDAR
A. Resolution No. 79-201 , authorizing permit application to MWCC for sewer
at Bryant Lake Stables, I .C. 51-357A
B. Receive 100% petition for improvements in Bryant bake Estates I .C.
51-361 (Resolution No. 79-204
Edstrom explained because his firm. represents the potential purchaser
of_Bryant Lake Estates he will abstain on this particular item.
C. Receive 100% petition for improvements in Village Woods II , I .C. 51-362
Resolution No. 79-205-j �
D. Receive_petition for sewer and water trunk extensions in the MRS-1 Service
Area, I .C. 51-363 Resolution No. 79-206
This item was moved to VII . D. 2.
E. Change Order No. 1 , T.H. 5/W. 78th Street and Mitchell Road, I .C. 51-327
F. Final plat approval for Old Farm Addition (Resolution No. 79-202)
G. Final plat approval for Alpine Estates 2nd Addition (Resolution No. 79-203)
H. 2nd Reading of Ordinance No. 79-28, rezoning OLD FARM and approval of
developer' s agreement
Y P 9
City Attorney
Paul spoke to changes to the developer's agreement
�
and the communication he received from Don Peterson of Dirlam Properties
consenting to those provisions. Pauly requested same be made part of
the developer' s agreement which the Council concurred with.
I. 2nd Reading of Ordinance No. 79-31 , rezoning from Rural to I-2 for LeParc
by Jay Kohlrusch and developer's agreement
J. Payment of Claims Nos. 6052 - 6235
This item was moved to VIII. F. 2.
K. Request to set Public Hearing for Sutton First for December 4, 1979
L. Request to set a Public Hearing for Douglas and Roy Olson)Eagle Drug for MIDB
approval in the amount of 1 ,200,000.00 for December 4, 1979
M. Rescheduling Public Hearing for MIDB approval for Cooperative Power Association
in the amount of$8,000,000.00 for December 4, 1979
N. Resolution No. 79-179,agreement with Logis & Optimum Systems (continued
from 10/2/79 Formerly item VII . As
0. Resolution No, 79-207 recoimnendin� the Count Board a rove the final '911
Plan for Hcnn�in Cou ' as submitted by HELO T. Drier y item IT�i 1,
0 As.ttinri sit+nn to ZA%#nr+iC0 fnr hilic fnr rnmnrnccnr fnr Fire Deoartment
hr
Council Minutes - 3 - Tues.. ,November 6, 19-.,
III . CONSENT CALENDAR (continued)
i
Q• Request to hire appraiser for Miller Park Parcel #2 (formerly item VI II . E. I . ). -- r
MOTION: Redpath moved, seconded by Pauly, to approve items A - C, excluding
item D, approving E - I , excluding item J, approving K - Q . Roll Call Vote:
Redpath, Pauly, Osterholt and Penzel voted "aye" ; Edstron, voted "aye" on items
indicated with the exception of item B where he "abstained" from voting. -
Motuon carried.
IV. KENNEL LICENSE APPLICATIONS FOR THERESA ELLIOTT AND ROGER FARBER (continued
from October 16, 1979)
City Manager Ulstad explained he reviewed both the Farber and Elliott sites.
and also visited with the Elliott's relative to some of the concerns that the
City had. Ulstad suggested the Council consider granting of the Farber license
with no stipulations, and approving the Elliott license subject to his sitting
down and working out conditions relative to their receiving a kennel license.
MOTION: Osterholt moved, seconded by Edstrom, to approve the kennel license
application for Farber's with no stipulations , and approval of the Elliott's
kennel license as per the City Manager's recommendation with a 6 month time
limit as to when the conditions stipulated are to be adhered to. Motion carried
unanimously.
V. PUBLIC HEARINGS
A. Overlook Place by Hustad Development Corporation. Request to rezone 10 acres �
from Rural to R1 -13. 5 and preliminary plat single family lots. Located
north of Pioneer Trail and east of Yorkshire Place Ordinance No. 79-32 and
Resolution No. 79-196) Continued from 9/18/79
Dick Putnam, Hustad Development Corporation, explained they had a proposal
in for double bungalow units on this site over a month ago, and at that point
it was recommended they go back to the Planning Commission with a revised
plan.
Rick Sathre, McCombs-Knutson, presented the revised plan on behalf of the
proponent staffing the plan consists of 29 single family lots and transitions
from the smaller lot sizes up to the lot sizes found in Creekwood Estates .
City Planner Enger explained this item was considered at the October 22 , 1979
Planning Comnission meeting and the Commission recommended approval of the
rezoning and preliminary platting on a 3 - l vote, subject to items listed ,
in the Staff Report dated October 17th with the change that only lots 1 - 7,
Block 1 , be allowed the garage as an option.
Pauly stated if she were going to approve this project she would do so only
if garages were included on all the lots.
Osterholt questioned if the Council were to approve normal lotting, which would
be about 20 lots , would it fit the site? Enger replied it could be done .
Wallace Hustad, Hustad Development Corporation, stated under normal lotting
they wouldn' t do the project as the people who are interested in these lets
are not going to purchase 2 lots per acre.
Penzel asked what the difference in price would be. Hustad replied from 2 to 2. '
density, it would be approximately $3,000 - $5,000 a lot.
Council Minutes - 4 - Tu; . ,November 6, 1979
A. Overl-ook Place (continued)
MOTION: Redpath moved', seconded by Edstrom, to close the Public Hearing
on Overlook Place. Motion carried unanimously.
MOTION: Redpath moved, seconded by Edstrom, to give a ist Reading to
Ordinance No. 79-32, rezoning approximately 10 acres from Rural to R1 -13.5
for Overlook Place by Hustad Development Corporation.
AMENDMENT: Pauly asked if the mover would entertain an amendment that
the "no garage" provision not be allowed on the � western lots. The mover,
Councilman Redpath, and the seconder, Councilman Edstrom, agreed to accept
the amendment.
VOTE ON MOTION AS AMENDED: Redpath, Edstrom, Pauly and Penzel voted "aye" ,
Osterholt voted "nay". Motion carried.
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-196,
approving the preliminary plat for 29 single family lots for Overlook Place
by Hustad Development Corporation, and directing staff to draft a developer's
agreement incorporating the recommendations of the Staff Report dated
October 17, 1979, with the exception that the "no garage" provision not be
allowed on any of the 29 lots, Redpath, Edstrom, Pauly and Penzel voted
"aye" , Osterholt voted "nay". Motion carried.
B. Creekview Estates by Heinen & Burnett. Request to rezone from Rural to
R1-13.5 and prel imi nany plat 25. 5 acres into 29 single family lots .
Located at 9840 and 9940 Bennett Place Ordinance No. 79-39 and Resolution No.
79�-197)
Steve Pellinen, Merila-Hansen, Inc. , representing Larry Heinen and John
Burnett, spoke to the proposal and the revised plat consisting of 28 Tots,
rather than the 29 lots originally proposed. Mr. Pel l i nen stated the
development depends on the extension of Bennett Place from Pioneer Trail .
City Planner Enger referred to the' cor;munication from Mr. Sutton regarding
the incorrect legal description for Creekview Estates , and explained he talked
to Mr. Heinen and Merila-Hansen Engineers and they did agree that their legal
description was in error. The drawing as depicted is actually correct accordin
to the County plat, and Mr. Enger has communicated that to Mr. Sutton. Thus .
the situation has now been corrected.
City Planner Enger explained this item was reviewed by the Planning Commission
on September 10, 1979, and the Commission voted unanimously to recommend to
the Council approval of the rezoning from Rural and RI-22 to R1-13.5 and approv
of the preliminary plat subject to the stipulations in the Staff Report dated
September 5, 1979, with the 4 additions made by the Planning Commission. Enger
noted the Engineering and Planning Department has reviewed the plan shown
tonight, and has recommended lot 1 , block 1 , which is under 13,500 and is
somewhat a difficult lot to build on, be combined with another lot.
City Engineer Jullie stated the intersection looks awkward to the north going
westbound on Creekview and going to turn right on Creekview Court, commenting
he would recommend about a 50 foot long perpendicular intersection before
starting another curve. Jullie thought perhaps it could be worked out with
some shifting in the right-of-way.
Council Minutes - 5 - Tues. ,November 6, 1979 pry.
B. Creekview Estates (continued)
Penzel commented some changes would have. to be made in the street names prior '
to final platting.
Director of Community Services Lambert reported the Parks . Recreation & 4
Natural Resources Commission had a lengthy discussion about the location ;
of the north/south road and recommended the conservancy area be set at the 810
contour. Lambert also stated there was considerable discussion on the flood-
plain as to whether it should be owned or not. Lambert fel t to be
consistent the Council ought to require the floodplain to be dedicated to the
City and the conservancy zone be a scenic easement and the cash park- fee paid.
i
Communication from Mr. Sutton, 11341 Pioneer Trail , dated 9/17/79, was entered
into the record as part of the minutes ,which rejects any development on his
property until something agreeable can be arranged with him.
Mr. Heinen stated he would be acceptable to having access on the other side
of Mr. Sutton and stated they are not endorsing the extension of Bennett Place
one way or the other. They have not petitioned for a road at this point nor
for Bennett Place to be extended, they are simply asking for zoning at this time.
Sally Brown, 10080 Bennett Place, commented they have tried for years to r
have Bennett Place extended, but has one concern and that is an area of the
potential extension where there is a very steep slope Jullie responded the
grading and utility plan that the developer has submitted shows about a 7 1/2110 r
grade going down from Creekview Drive to the north to a low point and then
it starts up at about 3 1/2% grade to County Road 1 . The City has used 7 1/2%
as the maximum grade for streets, and there is also the Bennett Place access
in case the other access becomes clogged.
MOTION: Redpath moved, seconded by Edstrom, to continue the Creekview
Estates Public Hearing to the November 20th Council meeting, and direct
Staff to contact Mr. Sutton and Mr. Blossom to reach an understanding on the
extension of Bennett Place. Motion carried unantnousl,y. _
C. Menard Second Addition by Menard, Inc. Request to rezone from Rural to C-Reg-
Ser and preliminary plat 1 .06 acres for a Crown Auto Store with outside
storage. Located north of TH 5 and west of the proposed Menard Store TOrdinance
No. 79-40 and Resolution No. 79-208)
Dan Johnson, Suburban Engineering, spoke to the proposal , which consists of a
Crown Auto Store containing about 1 .06 acres. Mr. Johnson explained there will
be three accesses to the property - one off the private drive which is the
service road, and the other two are to be into the Menard building s'i to itself.
A landscaping plan has also been given to the City Staff.
Planning Director Enger explained this item was considered and reviewed at the
9/24/79 Planning Commission and the Commission recommended approval to the
Council on a 4 - 2 vote subject to the items contained in the Staff Report
dated 9/20/79 and additions made by the Planning Commission.
Osterholt asked if the construction of the Crown Auto Store meets the City
ordinances. Enger replied in the negative as construction of the Store
would include metal skin on wood studs.
Penzel commented if it were the choice of the Council to support the
Planning Commission' s recommendation to require the constriction meet the City
ordinances, which would exclude the use of metal skin buildings, what alterna-
tives might Menard' s consider?
Cot+rci 1 Minutes - 6 - Tues. ,November 6, 1979
T.,C. Menard Second Addition by Menard, Inc. (continued)
Mary Prochaska, Menard, Inc. , replied the- first thing that comes to his
mind would be use of the rough sawn wood, which was approved on a portion of
the Menard's building.
Councilman Redpath was excused at this point in the meeting (9:25 PM) .
Penzel stated it was his understanding the trees that were removed in error
are to be replaced by the placement of substantial size trees. Mr. Prochaska
explained,as he previously stated, they will replace those 1 for 1 that have
been removed in error.
Penzel questioned the screening of the properties on the north side of Valley
View Road and asked how the proponents stand on that position now? Prochaska
stated he would live up to any commitment they made regarding the screening.
Penzel asked that Mr. Ulstad check into the commitments made prior to a 2nd
Reading to the Ordinance regarding the landscaping for the two or three property
owners on the north side of Valley View Road.
MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and
give a 1st Reading to Ordinance No. 79-40, rezoning from Rural to C-Reg-Ser
for a Crown Auto Store in Menard's Second Addition, with the understanding
that all City Ordinances will be met by the developer. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 79-208,
approving the preliminary plat for Menard's Second Addition by Menard, Inc. ,
and direct staff to draft a developer's agreement incorporating the recommenda-
tions of the Staff Report dated 9/20/79 and Planning Commission. Motion
carried unanimously.
Bob Nelson, Crown Auto Store, explained they are proposing an outside storage
area that is screened and enclosed to the rear or side of the building so they
can keep the used tires enclosed to prevent them from being thrown around.
Penzel suggested City Planner Enger review the outside storage and come back
to the Council with a report on that issue at the time of the 2nd Reading of
the Ordinance.
D. Hidden Glen PUD, request by Zachman Homes , Inc. Request for PUD conce2t approval
Tor single family detached lots some without garages ) on a proximately 125
acres. Located east of.. TH 101 and south of Townline Road Resolution No. 79-198)
Edstrom explained he has a conflict on this matter as his law firm represents
the real estate•.broker, thus he will abstain from voting on this item.
Pauly stated her mother-in-law has inherited half interest in the adjacent
property to the east; however, she does not consider it a conflict.
Don Hess, site planner on the project, spoke to the proposal as submitted
„ and displayed graphics pertaining to same. Hess offered for the Council 's
direction that about 50 units out of 160 - 170 at any one given time might
have the option, if the person showed up wanting no garage, rather than trying
to set out one portion of the site where that is the only place it can happen.
Hess further explained every block will be designed to have' a garage, so there
is no house placement coming forward that would deny a logical placement for
a narann to ho Attirhnri ThFW a rP talkina about a "deferred garage" option
Council Minutes - 7 - Tues. ,November 6, 1979
D. Hidden Glen PUD (continued)
rather than a "no garage" option.
Planning Director Enger explained this item was reviewed at the August 13th,
August 27th and the September 24th Planning Commission meetings. The motions
on September 24th centered around whether or not garages should be allowed
as options on various portions of the plan. Enger commented the plan presented
by the proponents this evening that shows the majority of the subdivison
with garages as an option was never considered at the Planning Commission,
In none of the Planning Commission minutes motions did they ever
consider increasing the number of lots that would allow garages as an option .
The recommendations of the Planning Corngission on a 3 3 vote reflects the
vote on the garages , and not the endorsement of the subdivision, based on y
the staff recommendations that the PUD be approved subject to the recommendations u '?
of the Staff Report dated 9/21/79. ;'
Director of Community Services Lambert stated the Parks, Recreation & Natural
Resources Commission reviewed this item October 1st and their main concerns
were the•two parks and the sidewalk. The Commission recommended approval
as long as the park was graded and seeded in the first phase development.
Pauly stated she would consider 30 homes without garages to be consistent with
the two proposals that have been approved so far.
Osterholt stated in looking at the kinds of income requirements, this project
is doing nothing for people with low income.
Osterholt asked what would be done to the areas where bad soils are shown.
City Engineer Jullie replied what could be required as part of the developer' s
agreement is that the bad soils under the building pads be corrected as part
of their grading for their project, so someone doesn ' t get into a position of
owning a lot with serious soil conditions. Hess further commented FHA requires
that the bad soils be prepared.
Brenda Welch, 18810 Harrogate Drive, stated she would like to see garages on the
houses closest to them.
Don Werdick, Tartan Curve, explained he would like to see garages, and if there
are houses without garages to keep them away from the Lochanburn area. Werdick
_ also questioned the quality of construction_ that is going to 'be built, and-tf
the homes With garages-would be salaEile in thesecondary rt-arket.
James Zachman, Zachman Homes, Inc. , explained the mortgages are salable
to Fanny Mae and Jenny Mae if they are insured by FHA, and FHA will insure a
house without a garage. Zachman noted he primarily builds for the first home
buyer market and the limitation as far as his being able to market his product
and the young families being able to buy the houses varies much with the
financing available. By having the flexibility to offer the homes with the
option of no garage at various points in time is going to he very significant
in the proponents being able to sell and people being able to buy. The thirty
Mrs. Pauly mentioned is acceptable to Mr. Zachman; however, the proponents
want it to float within the area. Zachman stated they will all have garages
eventually, it is just a period of two to three years, and they will simply
ga9e the development so that in one point- in time they will never have more than
30 homes that don' t have garages.
Jullie commented he is fairly familiar with what Mr. Zachman has built in the
community today and he personally has not received any large amount of negative
complaints.
i
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U%,;nci 1 Minutes - 8 - Tues. ,November 6, 1979
D. Hidden Glen PUD continued
Pauly stated she wasn' t thinking of 30 floating. She would be willing to
accept probably an area of no more than 30 homes without garages , and it should
be known where these will go. - -
Steve Ryan, Zachman Homes, Inc. , spoke in favor of a floating situation whereby
• each person would sign an agreement that goes along with the purchase
agreement, acknowledging they have reviewed the plan and accepted its provision
that they may end up with a neighbor that would not have a garage initially.
Dick Feerick, broker involved in the project, spoke in favor of the project
commenting that Mr. Zachman has spent alot of time on this proposal and has
worked with the neighbors in the area. Most of the neighbors seem to accept
the idea that some houses could be built without garages .
Penzel stated he would like to see the question of garages (how many and where) ,
and the question of Dell Road (the location and financing) , resolved before the
Council takes any action on this proposal .
Pauly added the density should also be carefully looked at.
MOTION: Osterholt moved, seconded by Pauly, to continue the Public Hearing
for the Hidden Glen PUD to the December 4, 1979 Council meeting, to further
pursue recommendations from the Planning Commission and City Staff. Osterholt,
Pauly and Penzel voted "aye" , Edstrom "abstained" . Motion carried.
. E. Michelangelo PUD by Rembrandt Enterprises. Request for PUD Concept approval
Tor medium-high- density residential on 36 acres located east of 169-21.2 and
north of Nine Mile Creek Resolution No. 79-199
Greg A. du'Monceaux, architect for Rembrandt Enterprises , spoke to the
proposal and answered questions of Council members.
City Planner Enger explained this item was reviewed by the Planning Commission
at their meetings held 9/10/79 and 9/24/79, and was recommended to the
City Council for approval on a 6 - 0 vote subject to the Staff Report dated
9/20/79. The Planning Commission has before it at its next meeting the
rezoning and preliminary plat on this project.
Director of Community Services Lambert stated. the Parks, Recreation b Natural
Resources Commission reviewed this item on October lst and October 15, and
brought to the Council ' s attention the Commission's concerns . The Commission
recommended to the City Council approval of the PUD as Qutlined in motion
adopted on October 15th.
Osterholt asked *Mr. du'Monceau if they would be willing to make some commitment
on the public open space, even though in a sense it is being used privately, as
he wants to make sure the open space stays for recreational purposes and is not
used for further building. du'Monceau replied he feels that could be worked
out.
Enger went over the possible public road system and its connections.
Penzel asked for a recommendation as how to solve the two parallel sections of
Flying Cloud Drive, one on each side of #169. '
Penzel questioned how many years the total phasing would take. du'Monceaux
replied with the phasing they are talking about presently (four phases) they
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Council Minutes - 9 - Tues. ,November b, 19/9
E. Michelangelo PUD (continued)
MOTION: Edstrom moved , seconded by Pauly, to close the Public Hearing 3'
and adopt Resolution No. 79-199, approving the Michelangelo PUD Concept z
by Rembrandt Enterprises for medium-high density residential on 36 acres.
Motion carried unanimously.
I;OTI0N: Edstrom moved, seconded by Osterholt, to continue the Council meeting past
the 11 :30 PM scheduled adjournment time. Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. ORDINANCES & RESOLUTIONS
A. Resolution No. 79-179, agreement with Lo is & 0 timum Systems (continued
from 10/2/79)
This item was moved to the Consent Calendar (III . N.)
B. Resolution No 79-207, recommending the County Board approve the final "911
Plan for Hennepin County" as submitted U HECO
This item was moved to the Consent Calendar (III . 0. )
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Councilman Edstrom reviewed with the Council the meeting he recently
attended of the South Hennepin Human Services. ,Counci l Advisory Committee
on the Comprehensive Study and will continue to keep the Council
r up-to-date on future meetings.. _
2. Councilwoman Pau___y brought the Council up-to-date on the Highway #212
Task Force Advisory Committee meeting where the Committee met with
those agencies concerned* with the environment, at which time they
went over the routes considered thus far along with 2 additional
alternatives that the Committee had not considered.
3. Mayor Penze1 referred to communications"received from the School
Board and the Eden Prairie Chamber of Commerce supporting the
upcoming Park Bond Referendum.
4. Councilman Edstrom requested the Council solicit dates from the
Commissions as to covenient dates to have a joint meeting.
B. Report of City Attorney
City Attorney Pauly stated he is working on the Parking Ordinance and hopes
to have it to the Council soon.
C. Report of City Manager
1. Authorization to advertise for bids for compressor for Fire Department
This item was moved to the Consent Calendar (11I . P. ))
Co,-; +c i 1 Minutes 10 - Tues. ,November 6, 1979
D. Report of Planning Director
I. Valley Knolls 2nd , request to preliminary plat 4 acres zoned R1-13.5
into1-3-1 o t s ��Resolution No. 79-200
City Planner Enger reviewed the minutes of the 10/22/79 Planning 4
Commission meeting where the request was considered for preliminary
platting of 13 lots directly adjacent to Duck Lake Road north of Duck
Lake Trail , which -includes a .82 acre tract of land owned by Mrs.
Miska. Enger stated Mrs. Miska came into his office late this afternoon
and signed the preliminary plat application showing 3 lots on her property,
so she has joined in this request for preliminary platting. The Planning._
Commission recommended approval of the preliminary plat subject to the
Staff Report of October 9, 1979, which suggested all the lots should be
platted to the 13. 5 requirements or larger as required by ordinance.
Penzel asked if all lots were brought up to 13.5, how many would it
eliminate. Enger replied it would eliminate Mot.
Fred Haas, Mary Anderson Construction Company, spoke to the proposal
as submitted to the Council . At this time if the Council and Staff do
not feel this would be an appropriate replat, then Mr. Haas stated he
would like to recommend the possibility of going back to their original
platting of 1973 for approval of 10 lots. Haas commented he does not
have any interest in Mrs. Miska' s property at this time.
Osterholt questioned the status of the assessment on the street improve-
ments and sewer and water. City Engineer Jullie replied the road is under
construction based on 100% petition that has been submitted by Mr. Anderson
and the developer' s on the other side. At this point there wouldn' t be
any assessments to Mrs. Miska's property unless she would choose to hook
up to the sewer and water.
Glen Olson, 1700 67th Street West, expressed concern in the subdividing
of the 3 lots, as in order to do that Mrs. Miska will not have to move
her house but will have to move her garage. A concern of the residents is
the subdividing of those lots would mean removal of the large stand of oak
trees.
MOTION: Osterholt moved, seconded by Edstrom, to continue this item
to the November 20th Council meeting , requesting additional staff input
in cooperation with the proponent as to alternatives on how this property
can be platted. Motion carried unanimously.
2. Receive petition for sewer and water trunk extensions in the MRS-1 Service
Area. I .C. 51-363 Resolution No. 79-206 Formerly item III . D
City Engineer Jullie explained the petitioners are asking for the City
to start thinking about time and routing and so forth of the sewer line,
so 1 , 2 or 3 years from now when development pressures may loom larger
in this service area that we would be more prepared to react to it.
Osterholt commented rather than taking action on this matter tonight he
would like to have it deferred to a future meeting and that additional
information be provided by staff, i .e. , where does it fall in the
master plan for the extension of trunk sewer and water (the timing ,
some estimate on the part of staff on what we are looking at in terms of
financing to take on a project of this extent, and if there is any area
outside of the MUSA line. Council members concurred with Osterholt' s
request.
Council Minutes - 11 - Tues. ,November 6 , 1979
E. Report of Director of Community Services
1. Request to hire appraiser for Miller Park Parcel #2 4
This item was moved to the Consent Calendar {III . Q. ).
2. Petition for Lowering Floodplain - Purgatory Creek and Proposal for
Land Planning Services
Director of Community Services Lambert spoke to his memo dated
October 26, 1979, which included the recommendation from the Parks,
Recreation & Natural Resources Commission to deny the petition for
lowering the floodplain until such time as the upstream affect has been
properly determined and a land use study completed. The Commission had
some concerns about what affect lowering the floodplain would really have
on the land surrounding the immediate area - upstream and downstream.
The Commission did feel it made sense to do a study of this area prior to
lowering the floodplain; however, did have some concerns about the study
itself as outlined in memo.
Penzel stated he has some concern about the proposed assessment as he felt
the assessment should be limited to those petitioning for the study, rather
than establishing a blanket district, i .e. , there are some properties with-
in the district that is being proposed which would in no way be benefitted
by this particular study. The ones that signed the petition also ought `s
to be the ones to sign an agreement that they would incur the cost of what .
the study would be.
Lambert explained there has been some limited discussion on who should pay
for the study. There has been some preliminary discussion with staff on
the City' s sharing a percentage of cost of the study; haven' t talked
about any percentage of cost and who should pay. The Commission also
had some concern about putting the top end on the study as the way the
existing study is written up the study could go on to be quite expensive.
Pauly stated basically she believes the study is a good idea and is not
adverse to the City participating in the study.
Penzel commented the City ought to decide if there is a predetermined
consultant to do the work or if we should go out on bids. Lambert
added Larry VanMeter, member of the Parks, Recreation & Natural Resources
Commission, requested when the staff and Watershed District meet and
the parameters are outlined, that the study be bid.
Rick Sathre, McCombs-Knutson Associates, explained his firm has been hired
by Feeders., Inc. to represent them on the possibility of developing their
property and they have been involved in trying to do some preliminary
platting on Feeders land. What he had hoped would come out of the meeting
was to give the Council some facts and to have some kind of idea in his head
on how the City stands before the Watershed District meets tomorrow night.
Sa thre further commented they had asked the Watershed District Managers to
talk about the floodplain area tomorrow night, and the Watershed District
would like to know what kinds of discussion the Council had before they
would talk about this item.
Penzel stated it is difficult to make a decision when the Council does not u
have any kind of background information.
Council Minutes - 12 - Tues. ,November 6, 1979
2. Petition for Lowering Flood lain - Purgatory Creek and Proposal for
Land Planning Services continued
Mac Hyde added he is involved with Feeders, Inc. and that this petition
is purely and simply a request to .reduce the floodplain elevation and is
unrelated to any development proposal . The only reason for the request
is the 60" culvert was removed, which physically reduced the floodplain
elevation. Hyde added they didn't petition any study.
Ulstad added the study initiated from some of the property owners that signed
the petition; the City staff did not initiate the study of the floodplain
area. Staff was reacting to the property owners in the MCA of which a
number of them had signed the petition.
Calvin Anderson, 7214 Topview Drive, explained he has lived here for 70
years and one weekend there was a 9 inch rainfall and there never was water
in any part of what is being asked to be taken out of the floodplain.
Mr. Anderson felt 70 years of observation is worth more than any survey
and if the City waits for an expensive study, this would hold up development.
Paul Strand, MTS, commented they have recently acquired a fair amount of
land that is being discussed and for obvious reason have signed the
petition as there is no way lowering the floodplain can hurt them. Their
position, as stated by Mr. Strand, is one of support for the proposed
study and willingness to help fund the study. Feels that there is a strong
potential for increasing the aesthetic environment of the neighborhood.
Don Brauer, Brauer & Associates, explained over the years he has been
involved in what goes on in Eden Prairie. Over that period of time
various and sundry people on the City staff havetalked about problems in this
area that can' t be resolved and asked if something comprehensive could be
_ put together - it was not a request. _..-. Some of the owners of the land around
the floodplain also came to him commenting there are sore public advantages
lying there that could be tied together with what the private people wanted
to do. At this point Brauer stated he told them he would put together an
outline of what ought to be done and what it ought to cost so they could
go around and talk to neighbors and see whether they would be willing to
spend that kind of money. Brauer.explained if Brauer & Associates is
going to be involved they are only going to work for one client that is the
City because the public interest is paramount and what he is talking about
in tt.e proposal he made for the use of lowering the floodplain would be to
the benefit of the public. Brauer added he has put together a proposal
which he feels makes a lot of sense, whether Brauer & Associates is hired
to do the study or somebody else. -Somebody had to have something in their
hands to go around and tank to people about, and Mr. Brauer stated
he provided the services to do that. Brauer added the conditions are,
however, it: ought to be done for the City and the Watershed District and
the study should cost $60,000 to $70,000.
Osterholt felt more information should be provided by staff as the Council
has not been told what authority they have to lower the floodplain and
all the other ramifications that go with it.
MOTION: Osterholt moved, seconded by Edstrom, to request more information
from Staff and continue this item to the November 20, 1979 Council meeting.
Motion carried unanimously.
Council Minutes - 13 Tues. ,November 6, 1979
F. Report of Finance Director
4r1. Setting of date for Canvassing Board to meet to canvass the results of
the Bond Referendum to be held November 15, 1979
MOTION: Pauly moved, seconded by Edstrom, to set Friday, November 16, {
1979, 5:00 PM, as the date and time for the Canvassing Board to
meet to canvass the results of the Bond Referendum. Motion carried
unanimously.
2. Payment of Claims Nos. 6052 - 6235
MOTION: Osterholt moved, seconded by Edstrom, to approve Payment of
Claims Nos. 6052 - 6235. Roll Call Vote: Osterholt, Edstrom and
Penzel voted "aye"; Pauly "abstained"; Redpa th had been excused prior
to this vote. Motion carried.
IX. NEW BUSINESS
Mayor Penzel referred to communication received from Nancy Barsness, President
of the Determined Runestone Electric Assn. Members (DREAM),requesting to be informed
when Cooperative Power Association MIDB request is on the Council agenda. It was
agreed that an agenda be sent to Mrs. Barsness informing her organization that
this item will be on the December 4, 1979 Council agenda .
d
X. ADJOURNMENT
,„ MOTION: Osterholt moved, seconded by Edstrom, to adjourn the Council meeting
at 12:55 AM. Motion carried unanimously.
r`
^den Prairie, Minnesota
September 17, 1979
To: Creekview Estoten Developer _
Larry Heinen .
I rn writine, this letter to you on the advice of Chris 1lzgrr, City
Planner.
I have given considerable thought to your •propo .al far dove?o1►r..ent
of Creekview getates. I was at the City Planneraa:.mettij;g• on September 10,
-1979. I was called on to give my opinion on the •utility loop through my
property. w .
As you know, I have a very short fuse - so decided not to say any-
.thing other than, quote: I will see Chris about that; We had our dis-
cussion on Wednesday, September 12, at 4:00 p.m. J. Johnson, Assistant
City Planner sat in.
hjy personal feeling is thattl do not want that loop. That would add
an extra 160 ft. of Sewer installation cost,for me. An 8" Sewer will cost
between $12.00 and $15.00 at a depth of 6 ft.: _ Water hydrants are 0650
each: Manholes are $600 each. The extra cost of the 160 ft. of road at
$30.00 a foot, will add another $4,800. The loss of four cul-de-sac lots
at an estimated $2,000 each will add another $8,000.
I need Bennett Place only to my proposed road, which is approxi-
mately 250 ft. to the south edge. You need Bennett Place to Creekview
Road. Due to the fact that the road will end there and serve only your
proposed development, I see no reason why I should agree to the road and
.a utility assessment beyond my need. This is an extra 140 ft.
The approximate added costs are:
Cul-de-sac Loss:
Road Cost ;4,800
Sewer Loop 21 000 .
Loss of Sale on hots 80000
Bennett Place extension past my need:
Coat of Utilities (1/2) M500
Cost of Road (1/2) 24,200
Total added costs for your development $20,500
WLth these added costa, I will reject any development on my prop-
erty until something agreeable to me can be arranged.
I will entertain an offer from you on say property on an undevel-
oped per-lot barsia.
Sincerely
Michael N. Sutton
• 11341 Monea r Trail
Edon Prlsirie 0 kinn000t,a