City Council - 05/20/1980 .APPf.QVED MINUTES
EDEi1 PRAIRIE CITY COUNCIL
1fdESDA* Y, MA1' 20, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wfolfgang 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; _
Finance Director John Frane; Director of
Community Services Bob Lambert; Engineer
Carl Jullie; and Joyce Provo, Recording
Secretary
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present
PROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
following items were added to the Consent Calendar: "Permission to advertise
receive bids for tennis courts at Round Lake Park and Prairie East Neighborhood
ck, and multi-use court at Topview Neighborhood Fark" , and "Pe.rmission to aaV-6 fise
ono receive�iic7s for�}inrch of- fie Senior Citizen CenterOL
�^
The following items were removed from the regular agenda and placed on the
Consent Calendar: VIII._C. 2. Amendment to Mutual Aid Agreement; VIII . E. 2. Consider
bids for improvements in Cardinal Creek 2nd Addition, I.C. 51-376 solution Nam-��
8U-a2 and Resolution No. -993 ; VI I'I,E 3. Approve plans and specifications and order `
bids for Phase II , Va11e� View Raad/Dell Road Irn rp�ovements , I .C. 51-325�Resolution
Pn. &0-9Gj; and VIII . E. 4. Receive feasibil_� re ort for street and walkway
iiirov�o�enLs from Preserve Boulevard to T.H. 169, I .C. 51-341 Resolution No. 80-95
Request for a S ecia7 Meeting_ with Smite-Glottersarchitects for the ConirnunitY
Center,to be added as item VIII . D. 4 Request by Mr. DeWitt of Rietmann
Contractors to extend their working,Hours on the Menard' s site from 7:00 AM
to 7 OQ PM to .he added as item VIII . E. 8; and Request b�! the_Lion's Club for
a_ one day wine license for Schooner Days as item ViII . B. 1 . -
MOTION: Redpath moved , suc:cnded by Osterholt, to approve the agenda as amended and
published. Motion carried unanimously.
II . MINUTES
i
A. Special Joint School [hoard/City Council meeti ag hP1d April 17, 1980
MOTION: Redpath iRroved, seconded by Osterholt, to approve the minutes of the
Special Joint School Board/City Council meeting held April 17, 1980 as published.
Redpath , Ostc:rholt , Edstroin and Penzel voted "aye" ; Pauly "abstained" . Motion
carried.
B. City Council meeting Irel d Tuesday, t1�y 6, 1980
MOTION: Edstrom moved, seconded by Redpath, to approve the minutes of the
City Council weeti ng held Tuesday, May G, 1%io,as published. Motion carried
unanimously.
1 t4irzutes - 2 - Tues. ,May 20. 1930
III . CONSENT CALENDAR
_ --- - ----
A. Resolution No.. 80-96,_ a the Final Plat for Value Knolls 2nd Addition
B. Resolution No._80-97, apf rovingthe Final Plat for Menard's 2nd Addition
C. Permission to advertise and receive bids for tennis courts at Round Lal:e Park
and Prai ri_e East tve �hborhood Park, and multi -use court at Topvi ew Nei ghborhood
Park
D. Permission to advertise and receive bids for the porch at the Senior Citizen
E. Amendment to Mutual Aid Agreement (formerly item VIII . C. 2. )
F. Consider bids_ for improvements in Cardinal Creek 2nd Addition, I .C. 51-376 '
Resolution No. 80-92 and Resolution No. E3 9-_3j formerly item VIII. E, 2 '-
G. Approve plans and sRe fi cati ons and order bids for Phase_I I , Val 1� View
Road l:el1 Road Improvements , I .C.51-325 i(Resolution No. 80-94�fornierly item
V11I .wE. 3
Receive feasibility report for street and walkway impprovements from Preserve
Boulevard to T.H. 169, I .C. 51 -341 (Resolution FJo. 80-95�Jformerly item VIII , E. 4
ION: Osterholt moved, seconded by Edstrom, to approve items A - H on the
Consent Calendar. Motion carried unanimously.
E
IV. PUBLIC HEARINGS
A. R, !rn rland Camp Addition by Mi'1t Guam. Request to rezone _22 acres from
_ _
Rural to R1 -13. 5 and prel imp nary_plat�42 -1 otss for single fami l ! detached homes .
Located east of TH 101 and south of Hidden Ponds Second Addition. Ordinance
No. 80-10 and Resolution No. 80-90) Continued from May 6, 1980
Toes Gergquist of McCombs-Knutson Associates , Inc. , representing ter. Milt Quam,
spoke to the proposal as submitted to the. Council .
City Planner Enger explained this item was considered at the March 24, 1980
Planning Commission and was given a unanimous recommendation for approval to
the City Council subject to the Staff Report dated March l9th and two additional
items added by the Planning Commission.
Mr. Joseph Schmitz, 19055 Deerfield Trail , expressed the following concerns;
1) Does not think the connection on Greenridge makes much sense other than a short
cut to get out of the development. Feels it is going to be a short cut to get
to Valley View or on to Duck take Trail and does not see the necessity for the
access when #101 is there; 2) Rurror that the pond will be dredged. The water level,
is very low now because of the lack of rain and dredging the pond would just lower
the water table therefore causing a lot of dry spots without improving the
appearance of it; and 3) Another rumor that sewer and water will be connected to
the existing sewer and water in Hidden Ponds . Mr. Schmitz added his water pressure
is very low at this point, and asked what that connection might do to the existing
pressure.
City Engineer Jullie responded to Mr. Schmitz's concerns : 1 ) The connection of
the road access to the north would simply match up with what was the right,of way
provided in Ridden Ponds 2nd Addition. It has been envisioi+ed that the two areas
with both single family uses should he tied together with a road system; 2) The
Ninutes - 3 - Tues . ,May 20, 1980
A. 2nd Addition (continued)
water pressure situation will be rectified shortly by a looping system which the
City is in the process of completing and that should help substantially. In fact '
there will be an elevated reservoir in the general area that will assure proper
supply; and 3) The pond Mr. Schmitz referred to is a storm water retention pond
and the storm sewer drains into that pond . That will help to keep the level
up properly and as time goes by the bottom will tend to seal and will hold the
water. Of course, in a real extended dry period there will be times i t will get
low. They are dredged out to provide four feet of normal elevation, which
usually is enough to be self-sustaining.
Bev Cronk, 18895 Pheasant Circle, asked if there is going to be any actual park
area developed with this proposal as they do not have any at all . Director
of Community Services Lambert replied the City within the next couple of weeks
will close on the Hidden Ponds Neighborhood Park which will be about a 15 acre
park - hopefully to be graded and seeded sometime this year. {
r
Mrs. Cronk added- on the Greenridge connection they have always known there was
going to be a connection. However, it is one of the few streets that she has
seen in a housing development that is so curvy •- it goes both uphill and curves.
There is one point just before it goes to Valley View where it goes straight,
then it curves right, and then back left again, which is a really dangerous
point. Mrs. Cronk added everyone knows the connection has to go through, but
putting stopsigns up at this point might be a good idea before something happens.
Penzel requested City Engineer Jullie to review the situation which Mrs.Cronk
outl i ned.
E
MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing and give
a 1st Reading to Ordinance No. 80-10, rezoning 22 acres from Rural to R1-13.5 for
Rymarland Camp 2nd Addition by Milt Quam. Motion carried unanimously.
MOTION: Pauly moved, seconded by Elsterholt, to adopt Resolution No. 80-90,
approving the preliminary plat for Rymarl and Camp 2nd Addition by Milt Quam.
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to direct staff to draft a
developer' s agreement incorporating the recommendations of the Staff Report
dated March 19, 1980Jand the recommendations of the Planning Commission/Parks,
Recreation & Natural Resources Commission. Motion carried unanimously.
B. Cardarelle & Associates , Inc. , Office. Request to_ rezone 8 acre from Rural to
Office and_ setback ra va_i _nces . Located at 8123 Eden Road. (Ordinance No. 80-11�
Conti rued from May 6, 1980
Frank Cardarelle, Cardarelle & Associates , Inc. , spoke to the proposal as submitte'
to the Council . s
City Planner Enger explained this item was review-ad by the Planning Conission
on March 24, 1980, and the Coma fission recommended unanimous approval to the
City Council of the rezoning as per the Staff Report dated starch 20th with the
addition of oi,e recomm)endation to read: "Cardarelle to build retaining walls
and provide sidewalk easements along T.H. 169 and Eden Road". Setback variances
were also recommended for approval to the City Council as per the plan dated
2/25/80.
Director of Community. Services Lambert stated the Parks, Recreation & Natural
Resources Conuni scion reconmerded approval to the City Council on April 7, 1980
as .per the Planning Staff Report,
v
i 1 Minutes - 4 - Tues. ,May 20, 1 y�4
B. Cardarelle & Associates, Inc. Office (continued)
MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and .
give a 1st Reading to Ordinance No. 80-11 , rezoning .8 acre from Rural to Office
with setback variances for Cardarelle & Associates , Inc. Motion carried
unanimously.
MOTION: Osterholt moved, seconded by Redpath, to direct staff to draft a
developer' s agreement incorporating the recommendations of the Staff Report
dated March 20, 1980 and the plan dated 2/25/80, and the recommendations of the
Planning Commission/Parks, Recreation & Natural Resources Commission. Motion
carried unanimously.
C. American Family Insurance Phase 2 Buildi g by_Rauenhors_t_Co_rporation. Request to
rezone 3 acre_s from Rural to Office. Located west of present building at 6131
Blue Circle Drive. (Ordinance No. 80-12)
Robert Worthington, Director of Planning and Governmental Affairs for
Rauenhorst Corporation, spoke to the proposal and displayed graphics depicting
same.
City Planner Enger explained this item was reviewed by the Planning Commission
on May 12, 1980, and the Parks, Recreation & Natural Resources Commission
on May 19, 1980. Both commissions recommended to the City Council approval of
the request for rezoning based on the May 9 , 1980 Planning Staff Report. -
Enger added Rauenhorst has now complied with the 8 items outlined in the Report.
4L MOTION: Edstrom moved, seconded by Pauly, to close the Public Hearing and give
a 1st Reading to Ordinance No. 80-12, rezoning 3 acres from Rural to Office.
Motion carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to direct Staff to draft a
developer's agreement incorporating the recommendations of the Planning
Staff Report dated May 9, 1980, and recommendations of the Planning Commission/
Parks, Recreation & Natural Resources Commission. Motion carried unanimously.
The Council congratulated Mr. Worthington on his appointment by the Governor.
as Director of the Housing Finance Agency.
D. Appeal__?etition from The Preserve on decision of board_ of Appeals & AdIustments
on April 17,^ 1980_den ying rear ard setback variances for Lots 2_ and 3. Block I ,
pr_pcsed Garrison Forest 4th_ Addition -es.oiution No. 80-86)
Larry Peterson, representing The Preserve, spoke to the appeal petition as
outlined in coninunication from Lee Johnson dated 4/2/80, requesting variances
on Lots 2 and 3 (attached as part of minutes) . Mr. Peterson added since the
coninuni cati on from Mr. Johnson was sent to the Council , there has been some
hesitancy of the gentlemen to put the house on Lot 3 which was designed to go
there because of negative reaction he has gotten from some of the homeowner" in
the area. However, in any event, The Preserve would still like to have the
Council consider granting the variance because that style of house would be
placed on Lot 3 anyway. Mr. Peterson added the house designed by Vo-Tech to
go on Lot 3 went through the design review process as any other house in The
Preserve would - the size of the house is adequate, building materials used
in the houses are as good as any house, they have all of the nice amenities
in that price category, i .e. , fireplace, oak trim, oak cabinets and cedar siding.
City Engineer Jullie explained there was quite a lengthy discussion at the hoard `
of Appeals & Adjustments and detailed the minutes pertaining to same.
:ci 1 t4i nutes - 5 - Tues. ,May 20, i
D. Appeal petition from The Preserve (continued)
Redpath commented it is his understanding that The Preserve could build a
house on Lot 3 without a variance. Mr. Peterson replied
he doesn't think another house would be as acceptable as the
one under consideration. Peterson added eventually The Preserve might find a
house to fit the lot, but he does not believe any other house would be as
I
cceptable in the neighborhood as the one under consideration from Vo-Tech.
The Preserve would still like the variance even if they can' t put the proposed.
Vo-Tech house on the lot . If necessary they will have a builder design and
build a house to fit the lots- in question.
Pauly felt the 50 foot setback is there for a good reason. The Board of Appeals &
Adjustments evidentally looked at the hardship point of view. The Preserve
still has in effect, a buildable lot and she doesn't see the hardship which warrantil
granting the variance. If The Preserve gets a variance for something like this
which apparently is an oversight on their part, it shoots down the reasons for
setbacks. The Preserve hasn' t created an unbuidable lot - they have created a S
very awkward lot which is going to require a very individualized design.
Pauly added she sees no problem with a Vo-Tech house, but has misgivings about
granting a variance.
Mr. Peterson asked if The Preserve could go back to the Board of Appeals &
Adjustments with another house design - maybe for something less than a 12
foot variance?
City Attorney Pauly replied there is nothing in the ordinance that precludes
one from making a subsequent request for a variance. The only thing in
Ordinance No. 135 that refers to that is in case of denial of a Zoning applica-
tion within a one year period. Pauly concluded in the absence of the ordinance
being specific, someone could come in again.
MOTION: Pauly moved, seconded by Osterholt, to uphold the decision of the
Board of Appeals & Adjustments on April 17, 1980, denying rear yard setback
variances for Lots 2 and 3, Block 1 , proposed Garrison Forest 4th Addition.
Motion carried unanimously.
Edstrom encouraged a resolution of the problem as he felt there is one that can
be reached.
E. Appal_peti_tion from John D. DouQherty on decision of Board of Appeals & Ad,list-
ments on_April 17, 1980 Qranti_ ]di ng movi n ermi_t_reguest No. M80-3 for Lot
1 , [31 oc d k 1 , proposeGarrison Forest 4th Addition Resolution No. 80-8
In the absence of the petitioner, John D. Dougherty, the Council made the
following motion:
t
MOTION: Osterholt moved, seconded by Pauly, to table the appeal petition from
John 0. Dougherty until 9: 30 PM. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 1522 - 1702
4 MOTION: Redpath inoved, seconded by Edstrom, to approve Payment of Claims Nos. 15?2 -
1702. Roll Call Vote: Redpath, Edstrom, Osterholt and Penzel voted "aye"; Pauly
"abstained" . Motion carried.
Osterholt encouraged the City to buy products from local businesses.
i l Minutes - 6 - Tues. ,flay f0, l:o.
VI . REPORTS OF ADVISORY COM14ISSIONS
No reports.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Hustad Development q�r tion for a revision on their Bluff's
West 3rd Addition which was approved for 1G9 single family lots, to allow
--—
townhouse density on a portion of the site
Jim Ostenson , Hustad Development Corporation, spoke to their request as outlined
in communication dated April 10, 1980 (attached as part of minutes ) . Ostenson
explained the letter was written basically with respect to the plan that was
approved and how it affected the park property that was contained as part of the
plat. The neighborhood park in B1 uff' s West 2nd and 3rd Additions were in two
phases - about 16 acres was dedicated with the lst Addition, and the other half
(16 acres ) was dedicated with the 3rd Addition. What has happened during the
time of the approvals and since then, is the fact that the single family market
has really slowed down. The builder they had in mind when they received approval
was Dreyfus Development and they because of lack of volume in the Twin Cities
area are moving out of the State. Now Hustad is left with 169 lots with really
no builder and a slow market ahead of them. The reason they wrote the letter,
according to Ostenson, was to ask the Council to reconsider and allow Hustad to
replat a portion of the site (15 acres of the 85 acres) to a multiple density
(townhouse density) _ Hustad's understand they did come in with that proposal
initially and it was turned down. The only advantage it would give Hustad
would be they could exercise on the land, purchase the land, get that project
going because multiple is a very strong market right now and something they
could start developing right away. At the same time the proponents would
dedicate the park to the City. Ostenson stated Hustad would be willing to go backs
through the commissions and have everyone review the plan. If not, they will
accept the decision and the land will be developed as single family.
Penzel expressed two concerns: 1) there is a substantial increase in overall
density and 2) in effect, the activities which have occurred since last November
have cost the City and its citizens the development of a park this year.
Ostenson replied he can understand the City wanting to go ahead and develop the
park and he, as a businessman, wants that park in that area as obviously it is
a very good marketing tool for them. However, they are caught in that when they
exercise their option on the land and start to release property, the park is
the first piece that has to cone down as part of their purchase agreement.
Without a project it is difficult for the proponents to go and purchase and
finance land that is given away.
MOTION: Redpiath moved, seconded by Pauly for purposes of discussion , to close
the Public Hearing and encourage Hustad Development Corporation to go back
through the review process with a revised plan for Sluff's West 3rd Addition.
Pauly questioned if Hustad goes back through the Commissions and receives approval
for quads, when will the park be dedicated to the City? Ostenson replied if they
receive approval they would hope to be developing yet this Fall and probably
would be looking at Spring construction. Thus they would have their developme.-nt
loan and financing lined up and could dedicate the park this Fall - approximately
in September. " I
Osterhoit felt the Council went over this thoroughly when the proposal was before
the Council previously which was to be the ultimate decision, and he is not
thrilled having it before the Council again.
I
I
cil
'v"inute - - Tues . ,May 20, lyou
s 7
A. Request from Hustad _Deyelopment Car oration on_ Bluff's West 3rd Addition (continued; ;
Edstrom added he is not sure that this is the best development idea as proposed
by the proponents, and if the proponents carry this proposal back through the
process they should recognize the Council is not necessarily committing itself
to what may be developed in the process. Ostenson stated that is his under-
standing.
VOTE ON PREVIOUS MOTION: Edstrom and Redpath voted "aye" ; Osterholt, Pauly and
Penzel voted "nay". Motion failed.
Penzel prefaced his "no" vote on the premise a valiant and thorough effort was
made previously to arrive at the proposal which was finally agreed to by all
parties.
5
Item IV. E; Appeal petition from John D. Dougherty on decision of Board of Appeals &
Adjustments a�ap
il 17, 1980 rantingbuilding rnovinc�permt request No.
M80_-8 for Lotlock 1 , proposed Garrison Forest 4th Addi t on was di scussed
his time r the Counci l 's previous motion �9:3Q PM ___
In the absence of the petitioner, Mr. Dougherty, the following motion was
adopted:
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing and
uphold the decision of the Board of Appeals & Adjustments of April 17, 1980,
granting building moving permit request No. M80-8 for Lot 1 , Block 1 , proposed
Garrison Forest 4th Addition. Motion carried unanimously.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
The following motion was adopted on behalf of Councilwoman Sidney Pauly:
MOTION: Redpath moved, seconded by Osterholt, to recommend to the Governor
the appointment of Councilwoman Sidney Pauly as a member of the Waste Management
Board. Motion carried unanimously.
B. Report -of City Attorney
1. Request by the Lion's Club for a one day wine license for Schooner D_ys
City Attorney Pauly responded to the inquiry by the Lion's Club on the
possibility of obtaining a one time license for the serving of wine with
dinner. Pauly explained there is a provision in the State Statutes to
grant temporary licenses for 3.2 beer, but no similar provisionfor wine.
Penzel asked if the Eden Prairie Center could obtain a wine license for
their Community Room to be used under such circumstances when the users
of the room are putting on a food consuming event.
City Attorney Pauly replied the State Statutes require a restaurant facility
for a certain number of persons open to the public
Penzel requested City Manager Ulstad to advise the Lion's Club under State
Statutes unfortunately it is impossible for the City Council to grant their
request.
C Minutes Tues. ,May 20, 1980
C. Report of Ci anager
1. Receive and consider bids for Two-1-lay Radio_ Ecru pmicnt
City Manager Ulstad introduced John R. DuBois , PH.D, Communications
Manager, Registered Professional Communications Engineer from Hennepin
County, who assisted in drafting the specifications for bids. Ulstad
spoke to the three bids received, recommending the Council consider
the low bid of General Electric in the amount of $124,579.00.
Penzel questioned where the money would come from to ray for the system. a
Ulstad replied the recommendation to the Council was when the City
advertises for bids the City would use certificates.
Penzel further asked how long this acquisition will last the City before
we have to have an additional expenditure to expand the system. Ulstad
responded the system will last a number of year - 15 years or more.
Mr. DuBois spoke to the merits of the system under consideration and
answered questions of Council members.
Osterholt stated he recognized the need for the communication facilities ,
however, failed to see the necessity for equipping all units.
MOTION: Edstrom moved , seconded by Redpath, to accept the bid of
General Electric, the low responsible bidder, in the amount of
$110,489.00 for 58 units. Roll Call Vote:
Edstrom, Redpath, Pauly and Penzel voted "zye"; Osterholt voted "nay" .
Motion carried.
2. Amendment to Mutual Aid Agreement
This item was moved to the Consent Calendar ( III . E. ) .
3. ijj4or Store Lease at Anderson Lakes Parkway and County Road 18
Finance Director Frane answered questions as to the operational costs of
the present liquor store in the Prairie Village Mall , and to the estimated
costs of the proposed liquor store location under consideration.
MOTION: Redpath moved, seconded by Edstrom, to approve the formation of
a second municipal liquor store and to approve the lease at Anderson Lakes
Parkway and County Road 18 for purposes of discussion.
Councilwoman Pauly stated she is not going to vote to open a 2nd liquor
store as she is opposed to having municipal liquor because of the hassle,
running of employees , the questionnable amount of profit, and in this
particular case in direct competiton with private stores.
Osterholt asked why it is so essential we lease the space right now.
Ulsted replied this is the space we have discussed with the owners and
a year from now that space may not be available.
Penzel asked what the profits were on the liquor store last year.
Frane replied the net profit was $34,500.00; generated cash of $38,000.00.
City Attorney Pauly spoke to the lease which is for a firm three years.
The commitment would be for a period of three years only and feels the
rest of the terms could be worked out,
-i 1 Minutes - 9 - Tues. ,t-lay 20, 1980
3. L1�uor Store Lease at Anderson Lakes Parkway and County Road 18 (continued)
Discussion took place regarding the possibility of the public voting not
to continue on with municipal liquor, and the City having to continue leasing
the space if this happens.
VOTE ON PREVIOUS MOTION: Edstrom, Osterholt, Pauly, Redpath and Penzel voted
"nay". Motion failed.
D. Re ort of Director of Convilunity Services
1. Swedlund Property - Riley Lake
Director of Community Services Lambert explained this item has been before
the Parks , Recreation & Natural Resources Commission on several occasions)
and on May 5th the Commission toured the Swedlund property. After that r
tour the Commission moved to recommend to the Council purchasing the
Swedlund property to include a 200 x 30 foot parcel in Carver County if
possible. Further it was recommended to continue use of the Schaitberger
property as a boat access to Riley Lake. The motion was unanimously
adopted by the Commission.
Lambert added the City did have a 1980 LAWCON grant approved for acquisition
of Miller Park on Mitchell Lake for about $112,000.00. President
Carter is balancing the budget and right now all LAWCON money for the State
of Minnesota is frozen at least until the first of July. At this point,
Lambert stated, he is uncomfortable with making a decision on this
acquisition until we have a good idea on what is going to happen with the
1980 and 1981 LAWCON dollars for the Miller Park on Mitchell Lake.
Mrs. Kirtland, who owns a cabin on Riley Lake, stated her concern is about
the parking around the area and a boat ramp on the west side of the
pennisula, as it would be dangerous to the people using the cabin areas
for swimming. Also felt the cost to develop the Swedlund property might
become prohibitive and feels Eden Prairie has better places to put their money
at the moment.
140TION: Osterholt moved, seconded by Redpath, to table consideration of
the Swedlund property on Riley Lake indefinitely. Motion carried
unanimously.
2. Round Lake Park Plan and School Site Plan
Director of Community Services Lambert displayed the master plan
for Round Lake Park and the School Site, requesting the Council consider
approval of same.
MOTION: Redpath moved, seconded by Edstrom, to approve the master plan
for Round Lake Park and the School Site as presented by Director of Community,
Services Lambert. Motion carried unanimously.
3. Creekwood Park Purchase
MOTION: Osterholt moved, seconded by Edstrom, to authorize Director of
Conrnunity Services Lambert to acquire the Creekwood Park property as per
memo dated May 15, 1980. Motion carried unanimously.
TICS. , 'guy . .
4. RectuF st for a Spec i al Meets with Smi 1 ey_-Gl otterarchi architects for the
Ccmununi tv Canter ----
MOTION: Osterholt moved, seconded by Redpath, to set a Special Meeting
to meet with Smiley-Glotter, architects for the Community Center,
to follow the Board of Review meeting on Tuesday, May 27, 1980.
E. Report of City!En ineer
1. Final Plat approval for Garrison Forest 4th Addition_ (Resolution No.
80-87 ~Conti Hued from May 6, 1980
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution
No. 80-87, approving the final plat for Garrison Forest 4th
Addition. Motion carried unanimously.
2. Consider bids for imrovements in Cardinal Creek 2nd Addition,
T .C. 51 -376(Resolution No. 80-92 and Resolution No. 80-93)
— e:
This item was moved to the Consent Calendar (III . F. ).
3. Approve plans and Specifications and order bids for Phase 11 , Vall_e
View Road/Dell Road improvements, I .C. 51-325 Resolution No. 80-95) k
This item was moved to the Co�isent Calendar ( III . G. ).
4. Receive feasibility wort for street and walkway improvements from
Preserve Boulevard to T.N. 169, I .C. 51-341 (Resolution No. 80-95
AL
This item was moved to the Consent Calendar ( III . H. ).
r
5. Report on Edenbrooke development and Dell Road project north of Duck
Lake Trail
Greg D. Gustafson, legal counsel for Catco , Inc. , spoke to his
communication dated May 15, 1980 (attached as part of minutes) . The
request that Catco, Inc. , the present owners of the property, have is
that they come directly to the City because time- is of the essence from
the City's standpoint, and they are trying to respond to City Engineer
Jullie' s request that they do move as quickly as possible. Mr. Gustafson
added it was Mr. Jullie's suggestion that they come to the City Council
with their proposal and see what the general attitude of the Council is
with respect to the proposed single family project.
The Council urged the proponents to apply for their rezoninq for single
family use.
Concern was expressed by Council members about the viability of the
respreading of the improvements costs (the assessments that have been
spread) and the aspect of the interest which might have accrued in the
meantime.
6. Report on Eden Prairie School District request for access to Co. Rd. 4
for_futuro h�iddle School at Round Lake site -
CityEngineer Jullie explained 'th
9e School Distract would like ke some general
commitment from the Council on the future middle school access to Co. Rd.
4 which he detailed in his memo dated May 15, 1980.
MOTION: Redpath moved, seconded by. Osterholt, to recorivnend the access
point to County Road 4 based on the plan submitted
to the Council this evening. Motion carried unanimously.
III Les I ,
7. R�ort on Bluff' s Boulevard street name change
MOTION: Redpath moved , seconded by Osterholt, to set Tuesday,
July 1 , 1980, as the Public Hearing date to consider changing the
street names of Bluffs Boulevard , Bluff Road and Homeward Hilts
Road. Motion carried unanimously.
8. Request by Mrj DeWitt of Rietmann Contractors to extend their
working hours on_ the Menard's site from 7:00 AM to 7:00 PM
Mr. DeWitt, Rietmann Contractors of Rochester, explained they hope to
get a majority of the Menard's site completed this year, however, it
is a very tight schedule expecially for the next month. To meet this
schedule they have three choices: 1 ) a double shift, 2) more equipment
or 3) work longer days - which they are trying to do. Mr. Rietmann
apologized for the inconvenience caused to neighbors by their starting
too early on occasion, and promised, if the Council approves their
request, to only work from 7:00 AM to 7:00 PM.
MOTION: Osterholt moved, seconded by Redpath, to grant the request
of Mr. DeWitt to work the hours of 7:00 AM to 7:00 PM on the Menard's
site. Motion carried unanimously.
Report of Finance Director
1, Draft Housing & Redevelopment Authori_�y Ordinance
Fenzel suggested if the Council were to choose to make itself the
Housing & Redevelopment Authority (HRA) , it might be worthwhile to consider
the Development Commission as the HRA Advisory Board. Council concurred
4 LI with Penzel 's suggestion.
MOTION: Osterholt moved, seconded by Edstrom, to instruct staff to draft
an ordinance establishing a Housing & Redevelopment Authority (HRA) based
on the suggestion made by Mayor Penzel . Motion carried unanimously.
2. Consideration of Insurance proposals
MOTION: Osterholt moved, seconded by Redpath, to award the insurance
coverage to the M.E. Lane Agency for the year beginning 6/1/80-
Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted
"aye". Motion carried unanimously.
3. Resolution No. 80-91 , approving the Environmental Health Services
Contract with Hennepin County _ _
MOTION: Osterholt moved, seconded by Redpath*, to adopt Resolution
No. 80-91 , approving the Environmental Health Services Contract with
Hennepin County. Motion carried unanimously, j
IX. NEW BUSINESS
A. Mayor Penzel referred to the Resolution recently adopted by School Board
relative to the settlement of the Round Lake site litigation, and asked
the Council if they wished to make a counter proposal or adopt the resolution.
Osterholt asked for a recoirunendati on from City Attorney Pauly. City Attorney
Pauly recommended the Council join in the approval of the resolution.
MOTION: Osterholt moved, seconded by Redpath, to approve the Resolution
adopted by the School Board dated May 1 , 1980, regarding the Round Lake
School Site Litioation. I-lotion carried unanimously.
i . i Minutes 12 - Tues. ,May 20, 1930
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at
11 : 20 PM. Motion carried unanimously.
h
,
9
,, -, 3_.. ..r:` _, ',...i,.x,._ "'• � .e".., i s ..x r .'i+� w.J ,� .q da' r^,� Y
The flIESUP119
April 21 , 1980
Eden Prairie City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie,- MN 55344 1
Atten: Carl Jullie, City Engineer
Ladies and Gentlemen;
On April 17 the Board of Appeals and Adjustments denied our request for variance
from the 50' rear yard setback requirements of the garrison Forest Second
Addition rezoning Agreement (this area is being, replatteo, so we are requesting
varir-- -es on Lots 2 and 3, Block 1, Garrison Forest Fourth Addition) .
er of lot 3 still grants to place his house on the corner lot and there-
are requesting you to grant the variances. Specificaliy the request is-
eduction to 41 feet- on lot 3 and. 38- feet -on- lot-.2. To refresh your
I have attached copies of some of the prior information SUppli4d.
The reasons f'or this variance request are as follows :
1 - The 50' rear yard and 30' front yard setback would only allow an 18'
deep house on lot 3 and a 23' deep house on lot 2. While this is
possible, we felt it was better to have houses on these lots that do
not require unique designs.
2 - The rear yard setbacks vti l l still exceed the 20' requirements of
Ordinance 135.
3 - The topography of the lots allow for any berms and landscaping nece-
ssary to buffer the rear yards from the roadway.
4.- The land on the other side of Anderson Lakes Parkway is County Park
and therefore no future residential construction would be affected.
5 - The topography, vegetation and pond along the south side of the
existing road would suggest that it would be more economic and less
disruptive if the future expansion of Anderson Lakes Parkway would
be to a 4 lane undivided road rather than a divided parkway. If this
Is true the house to curb distance would be approximately the same as
the rest of the Parkway.
Cont'd. on Page 2
k(
Caen Prairie City Council Page 2
6 - The approval would accogrnodate the owner of •a quality built house and
resolve the use of these lots.
7 - Old Outlot I was wide enough for two lots but this question was de-
ferred at the time of rezoning. We have decided not to request a
subdivision and ask for only one house on the corner lot.
This area has been a point of disagreement between us for some time. To
resolve this in a fair and equitable manner, we urge your favorable consideration.
Respectfully submitted,
THE PP SERVE
Lee I., Johnson
V4ce President - Engineering
S
b
nett Johnson
itachments o +1
C;4y halt
UaKS
_ VIA Ls�u 1t1 ,1fi�� ": �}1�U�i1 Pats
rr.cww.•ae A,.a...an I
Pwk1
end j
U;44''c K:1a C-6a t.k+b/ a•� Y r•s"..�~. �,T�_SY_\' { i
` ;; TT11TF.Hills
'!i773
.� .'
AX
dp
lip
i
' •w+«,r..� a.,�...w,..�•...,arr�' a+se•r�a.r...��.a,as aa�-.�`� _ .s:wvurwea-au r•h•c�.aa*.-.�ca.rs.• w...+•.ca.+.�,r".'^r•�r.,�--a+.w-
�+' r-........�.w•. w..•.w _ _ sa.c ra..v+�.s..Y� Y eah74=.+aO �MP•��rar+.igi 4a�amiw a�+ fa.�.tis..—, — f,��,._�_.�arrty .r.........�s
FOR' • � �"f � N is 4.1i'�yY''�' e �
i 10; 'J-1i -
ve
1111 rscw► L-Ikf-S P'lrhw:ry ��
1 lairic`
riS,n
r20 r.
O`P�A-3? (6) N���1
APR ui, I nna
�•:,..=.s•.:�'�:a+^��:t�rrxnec:.��,� sn.•is,.+�r_�r.c-.aZ r..r.��ra.®'_'wr.aefuG sr..-•,:ss.:•a.cx.:sc—ar..�c�aa�r•�a :. _ r.��cf `
April 10. 1980 .
mayor Penzel and City Council '-'arrbers
City of Eden Prairie
8'950 Eden Prairie Road
Ed:=.n Prairie, biinr�esota 55344
Re: Bluffs West 3rd Addition
,dies and Gentlemen:
arrr requesting your consideration of a revision of our Bluffs West 3rd Addi-
. ion plat of 1.69 :single family lots. The City Council approved the: first
recy:jing o'. the 3rd Addition October 2, 1979, baF;ed upon the Plan dated Septem-
ber 26, 1979. The at,proved plan provided 169 lots on approximately 85 acres
(attached exhibit B).
Our prc,posed phasing plan provided about 30 lots to begin spring 1980. Because
of c`rGnges in market deriand, financial constraints and housing costs, there is
a greatly reduced need for additional single family lots at this time. Orrin
Thom;-.:on Homes, Inc. will begin some homes in the BO lot first phase of Bluffs
Weft 2nd Addition during 1980. Future tiding for 3rd Addition lots is unclear.
The slowdown in the current single family home market is most likely tcm;por-
ary , with demand for homes returning after the current downturn. However, a
grr-.iter share of the housing market will be priced out of single family homes
as a rc-sult. Major builders such as Orrin Thowpson Horncs are developing alter-
native housing :-tyles to fill the void created by the high cost of even the mo;;t
basic single family hor)a.
We have approved planned unit developments in 3 communities in which we are re-
questing reconsidu-ration by the city to :allow the introduction of a new housing
type. If the Eden Pr,iirie City Council would consider a change to allow a
townhouse density on a portion of our Bluffs West 3rd site , wa will proceed to
develop plans for subrrission to the Planning Commission. However, if the City
Council does not brlicve such a prof.orseEf revision appropriate , The Bluffs Con.+-
p,any will proceed with the existing Developer's Agrecr.ient dated 11/4/79.
I apprerei,rte your considozati.on of our requi.st.
.'/
lius tad
• � .+i J.+ cr.
':��.J.15wR1=�.�.✓6.'tt Cot}�LAr,T.f 11iSJf".irlG'fi,51CdS�.�yG a7Y R.:M t�"�.1M/�f.MW}'r.Mtiw�.dMi3Y"a4i OwL./'^.�!-J.P,..-OWia..•A iwr*wa�/�CA►.��Y.'My.
i273J � 0tSILEER Tt"A. L, EnFE.t Pk-AwIR1E, AIN1 N11.LSC}TA 553�,3 (612)9-11-4383
♦� i -,} �'t,. lyli `� ,I I' /1 � '� ,I�C••' V`I 1' '1t=1� ` � �1 o ��^:'JO / i `T�-•�'�C/ \-- `� � i./• !/:.
� ir"1• �' y Q , yam�^ � 1'• i'"?. �'S. �' 1, :. ��+y� , �•f • 'i.-- •--j^� �' C^�,.
N.
jr
jr
cm
lo
o
Ln
tr
r __ � �'• � �/ram \ i�CS d+ �•�.�� ."[ �.�• %�. /% � \� ,+ 7 .s.' _ t � r
_i.i.^ _-Y.• -...�•� / )J ',•�+i^.'.� � �• 'S',� ���..i..i' /,� /� •` �/,d •7 --_mac._.`. ��/; ��1
� c t P a••- J J,/J�', i'. Jf� , ' st Y-� _�' ..--w._� "• ? I i � � 1\\.\ \`\ �_�
VTi;•_,` " 1 t �i• +. -44
tn
INV
V.
JAL-
Ile
_ _
G
GUSTAF'SON & ADAMS. P. A.
itATfTOUNKYS AT LAM '
MIC'I1.:IA.J. AI)A?Lti SUITE_ 411
G14I:C;Cl14Y U. UI'STA"_ ON
7400 Dlf;TftU BOULEVARD
L-1^14K 0. 014NSTAU I
CIMNA. MINNE:S OTA f G456 �
S-TANLt:Y C. ULtiI:N. JR.
--- UI' ('UI'Ntit41.
'i'liOVAS: 1. I-iAM'. TELEt'HONE: (6lttl 0315-7;t77
It.\Itlt\'
.)Off% M. 11UJAN a
,?IN t{. YViCli1,1C'li
A
!3 L. ti.y1:LLINU s
' KINSON. III
ot�Y D1ay 15 , 1980
Mr. Carl Jullie
City Engineer
City of Eden Prairie
8950 Eden Prairie Road
rclen Prairie , MN 55344
Dell Road Relocation - Catco Property
3r Carl :
As we have discussed over the past several months , Catco,
.'c . has reacquired the property adjacent to proposed Dell Road
from the Pautz ' , said property having been sold on a coni_-ract to
the Pautz ' in 1973 . Catco, Inc. has had no role in the proposed
development plains for the subject property until the last few
months . You have been most helpful in bringing us up to speed
with respect to the status of the property and the engineering
problems faced by the City with respect to Dell Road.
You have asked us to consider a proposed relocation of Dell
Road approximately 150 feet to the west of its present location
due to the extreme adverse soil conditions which were encountered
during construction last year. I represent Catco , Inc. and in
that capacity have suggested to you that my clients wish to
cooperate in every way with the City in this request and are
looking favorably upon a replatting and rezoning of the subject
property to a single-family development .
In this regard, you asked .BPW co prepare a rough schematic
of a proposed single-family layout within the Catco property
after giving effect to the necessary relocation of Dell Road.
Catco, Inc. will consent to an immediate relocation of Dell Road
as per your request in consideration of City approval of the
following general parameters for a single-family development :
Mr. Carl jullie
Page Two aV
May 15 , 1980
1 . Catco, Inc. will make a park dedication of all land
lying to the east of relocated Dell Road with the
singular exception of the "knoll" which will be
developed into single-family home sites as indicated
on the attached rough proposed plat. The knoll is
existing high around and its development will ' in no
way require interference with the flood plain..
2 . The single-family development will include development
of the 400 foot setback previously established as a
buffer between the existing single-family homes located
to the west of the property and the proposed multiple-
family project.
3. Catco, Inc . will agree to handle special assessments in
the manner set forth in paragraph 4 of the Development
Agreement dated April 6 , 1978 , executed by the City of
Eden Prairie and Eden Prairie Townhouse Company . Included
in said paragraph 4 is the agreement that :
"All special assessments, including Dell Road,
and currently levied trunk sewer and water assess-
ments, on the 118 . 17 acre Edengate site as shown
on Exhibit C shall be spread equally over the 176
platted lots , and paid only on a per unit basis at
time of final closing of the sale of each unit;
provided , however , amounts paid towards the assess-
ments hereunder shall be at least equal to the normal
amortized annual payment of principal and interest
of such assessments. The parties agree that the
above-described special assessment for the construc-
tion of Dell Road and the trailway shall be spread
over a five-year period."
Despite said language, the special assessments have
already been .levied on the property and penalties and
interest are presently accruing thereon. It is the
request of Catco, Inc. that all said special assessments,
together with accrued penalties and interest, be
"cancelled" and that the special assessments be sub-
sequently levied in a manner consistent with the fore-
going provision contained in paragraph 5 of the Development
Agreement. Catco , Inca will execute whatever documents
Mr. Carl Jullie
Page Three
May 15, 1980
the City deems necessary to insure compliance with
this undertaking.
4 . It is the intention of Catco, Inc . to comply with all
provisions of said Development Agreement except as
specifically noted to the contrary in this letter
and except as any such provisiors are inconsistent
with a single-family development .
5 . The attached proposed plat was prepared by Ei�%l at your
request to serve merely as a starting point for our
discussions . The actual number, dimensions and loca-
tions of any lots and/or roads will be as mutually
agreed upon by our land architect (who has not yet
been involved in this process) and City staff. We
will want to give consideration to questions of
topography and the other normal factors which must
( 4L be considered in a project of this nature .
Very truly yours ,
GUS4. N ADAMS , P .A.
GregGustafson
Attorney at Law
GDG :sn
Enclosure
cc: Catco , Inc.
i
'..o 774.t