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City Council - 10/19/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 19, 1982 7:30 PM, CITY HALL k COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lambert, Human Service Coordinator Jan Flynn, and Recording Secretary r Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Tangen was absent I . PRESENTATION OF HUMAN SERVICE/VOLUNTEER AWARDS TO MARY HAYDEN AND LUCIA HUIBREGTSE i Mayor Penzel introduced Bob Norberg, member of the Human Rights and Services { Com-iission who presented plaques to Mary Hayden and Lucia Huibregtse in recognition of their service to the community. Norberg stated specific areas in which each had served. Edstrom noted there were members of the Human Rights & Services. Commission as well as Russ Stricker,F_xecutive Director of Southwest Hennepin Human Services, present this evening. Mayor Penzel read a letter from the Minnesota Historical Society congratulating the City upon having the Cummins-Grill Homestead entered on the National Register of Historic Places. Penzel said the home now becomes eligible to receive funds r from State and National sources for restoration purposes. II . APPROVAL OF AGENDA AND OTHER ITEMS DF BUSINESS The following items were added to the Agenda : VIII. D. 2. Report on Community Center; VIII . A. 1. Status of Hazardous Waste Site Report; IX. A. Bids for City fall Roof Repair; IX. B. Prairie Center Drive Settlement; IX. C. Status of Landfill -Permit; and IX. D. Building ermit _pp -cations in Rurd-T District. MOTION: Edstrom moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. City Council Minutes -2- October 19, 1982 III . MINUTES A. Regular Cif Council Meeting held Tuesday, September 21 , 1982 Delete para . 2 which read: "Edstrom said he would question this in two respects: procedural and substance." MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Regular City Council Meeting held Tuesday, September 21, 1982, as amended and published. Motion carried unanimously. B. Special City Council Meeting held Tuesday, September 28, 1982 i MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council Meeting held Tuesday, September 28, 1982, as published. Motion carried unanimously. C. Special City Council Meeting held Saturday, October 2, 1982 MOTION: Edstrom moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Saturday, October 2, 1982, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk' s License List ~ B. Resolution No. 82-248 setting Bond Sale Date for November 16, 1982 C. Receipt of Tax Increment Financing Plan for Tax IncrAment District No. 3 and refer the Plan to the Planning Commission and set November 16,E 1982 as the date of the Public Hearing D. Set Public Hearing for November 2, 1982 at 8:00 p.m. to consider renaming Flying Cloud Drive between Valley View Road and Shady Oak Road T E. Set Public Hearing for November 2, 1982 at 8:00 P.M. to consider renaming Kurtz Lane between Edenvale Boulevard & Chicago, Milwaukee, St. Paul and Pacific Railroad Tracks F. Set Public Hearing for November 2, 1982 at 8:00 p.m. to consider renaming Valley View Road between Baker Road and I-494 G. Resolution No. 82-247, appointing election judges for November 2nd General Eiection H. Approve plans and specifications for Northeast Quadrant of Prairie Center Drive Im rovements, Phase II . I .C. 51-308A and set bid opening for November 11, 1982 at 10:00 a.m. (Resolution No. 82-246 City Council Minutes -3- October 19, 1982 MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS A. WOOQLAWN HEIGHTS by Ruscon Homes. Request for rezoning of approximately 59.68 acres from Rural to R1-9.5 for construction of 13.9 single family detached housing units and preliminary plat approval of 139 lots and 2 outlots. Located in the southwest corner of Duck Lake Trail and Townline Road (Ordinance No. 9-82 - rezoning and Resolution No. 82-244 - preliminary plat) Edstrom said he would abstain from discussion on this item because of a client relationship between his law firm and Lyman Lumber, Marshall Oaks , representing Ruscon Homes, was in the audience as was Bill Mauer. Because there were only four members of the Council present and Edstrom stated he would abstain from discussion and possible voting on the item, it was determined there would not be enough votes for action on this item, MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the November 2, 1982, meeting of the City Council , Motion carried with Edstrom abstaining. t B. TREANOR ADDITION by Guy Treanor. Request for rezoning from Rl-22 to ( R1-13.5 and preliminary pat approval of 1 lot into 3 lots for approximately 1.6 acres. Located south of Valley View Road across from Franklin Circle, 16117 Valley View Road: (Ordinance No. 10-82 - rezoning and Resolution No. i -82-245 - preliminary plat) City Manager Jullie noted that official notice had been published and notices had been sent to the adjacent property owners , GuyTreanor addressed the proposal . p P Director of Planning Enger stated this request had been reviewed by the Planning Commission at its September 27, 1982, meeting, This had been before the Board of Appeals in. August at the recommendation of City Staff. The Board of Appeals had granted Treanor approval to allow three lots on the property. The City Attorney had advised the way to proceed was through the usual prelim- inary platting process. The Public Hearing notice for the hearing before the Planning Commission included notice of a rezoning from R1-22 to R1-13.5. 'fhe Planning Commission failed to approve the rezoning by a vote of 4-2. The Commission felt this would be spot zoning. They did recommend approval of the preliminary plat to the City Council on a 4 - 2 vote subject to the Staff Report recommendations in the report of September 24, 1982. This item was not reviewed by the Parks , Recreation & Natural Resources Com- mission. l City Council Minutes -4- October 19, 1982 Edstrom said he had a philosophical problem with approving the plat and not allowing the zoning change. He noted he was speaking to the procedure and not to the merits of the proposal . City Attorney Pauly said the Council had to decide whether or not the rezoning should be granted. Bentley said the matter was sent to the Board of Appeals erroneously. Redpath noted that if sewer and water was available on an R1-22 lot, the owner could petition for connection. Bentley said the Board of Appeals decision must be taken into consideration. Penzel said that decision is a factor only if the rezoning request before the Council were to fail . Penzel recommended the Council proceed with the processing and address the issues one at a time. The alignment of the lots with those to the south was examined. Redpath stated he felt someone, at sometime, must have thought there would be three houses in that location since three stubs were provided when sewer and water went in. Jim Jordan, 16210 Westgate Lane,showed why the Planning Commission had voted dorm this proposal . He stated there is a natural division along a tree line on the Treanor property. From the viewpoint of the neighbors to the south, Jordan indicated, the uniformity of the lots would be lost; a hodge podge would be created; and a precedent would be set. John Hockert, 16180 Westgate Lane, gave the Council a drawing which showed the location of his home in relation to the subject property. Redpath asked Mrs. Vest, previous owner of the property, why three sewer hook ups were put in. Mrs. Phyllis Vest, 9212 Decatur Avenue South, Bloom- ington,said the City put in three. Jordan said the question of how many sewer and water hook ups there are is immaterial . ( Treanor said there is a 10 - 15 foot hedge behind his property which separates the view of his home from those on the south. Hockert noted all the lots in the southeast quadrant of Valley View Road and County Road 4 are zoned R1-22 and the people in this area are not interested in having smaller lots in that quadrant. Mary Lahti , 16213 Valley View Road, said dividing this parcel into three lots is not going to be consistent with the area; he would not be opposed to two lots. Greg Kelm, 16250 Westgate Lane, said he concurs with his neighbors. He felt the houses would looked crammed if they were on smaller lots . David Thompson, 16101 Valley View Road, said smaller lots would give a chopped up appearance to the neighborhood. Redpath noted the R1-22 zoning was designed for areas which had septic systems and did not depend on the size of the houses. That is why the Westgate Addition . was zoned R1-22. Edstrom asked about the County' s reaction to access onto Valley View Road. Enger said the County would like to have no access onto Valley View Road -- this can be done in newer areas but in older areas it is often impossible to do as there is no other alternative. The County would like to have a "T-drive" or "horseshoe drive" . Treanor said the location of the house he wishes to build ( will have to have a turn around driveway because of the length of the driveway. City Council Minutes -5- October 19, 1982 Bentley said he felt the tree line to be a significant factor and would not like to see that removed. Edstrom said he shared Bentley' s concern. He said removing the lot line and taking down the trees is stretching it to add one additional lot. He felt two lots would be appropriate. Penzel said the two lot split would be, the only viable option and Treanor should be encouraged to do this. Redpath said in fairness to Treanor, Staff should work with him as he has incurred expenses which he should not have incurred during this process. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to continue action until the November 2, 1982, meeting. The City Attorney is directed to draft a Resolution of Denial listing findings of fact/reasons for denial . Motion carried with Redpath voting "no." MOTION: Bentley moved, seconded by Edstrom, to table consideration of the preliminary plat for two weeks and instruct Staff to work with Treanor during that time. Motion carried unanimously. C. SUNRISE KNOLLS REVISED by Edward A. Sieber. Request for rezoning from Rural to RM 2.5 and 2.99 acres for construction of an apartment building of 2 stories and 20 units. Located at County Road 61 and Rowland Road (Ordinance No. 11-82 rezoning) j City Manager Jullie stated the Public Hearing notice had been published and the neighboring property owners had been notified. f Frank Reese, representing the proponent, addressed the proposal . Director of Planning Enger noted this item had been reviewed by the Planning Commission at its September 27 , 1982, meeting at which time the Commission recommended approval of the rezoning from Rural to RM 6. 5 subject to the recommendations contained in the Staff. Report of September 23, 1982, by a vote of 6 - 0. The Parks, Recreation b Natural Resources Commission did not review this proposal . Redpath asked if this proposal was below the density shown on the Guide Plan. Enger said it was. Edstrom asked if there were any plans for the area to the north of this property. Enger said the entire parcel is being used in figuring the density so that would mean the end to any further use of that property. Sieber said they had originally ' asked for a division of that lot in their original plan. Edstrom asked what is envisioned on the parcels to the west. Enger said there are homes to the west -- one is fairly new. Multiple density is shown on much of the area adjacent to Shady Oak Road. Any development in the area would work around the homes. Bentley asked if allowing this would potentially create or force development to the west. Enger said he felt it would have the most impact on the properties immediately around it; it would have little impact on the development of anything west of Shady Oak Road. He felt the City must try to develop a situation which is compatibile with the single family homes to the west. One of his concerns has been the pressure City West will bring the need or desire for small lot commercial --there is already a request from Standard Oil for an area north of 62nd Street. He felt the use being proposed this evening is a good transitional use for this area; there are design related considerations which relate mostly to screening and can be solved. City Council Minutes -6- October 19, 1982 Edstrom asked if Enger considered Shady Oak to be fully developed at this time or will the County wish to expand Shady Oak to a four-lane. Enger T said they are looking at this right now. The County is planning for an ultimate road in this area now -- there is a lot of development going on now in the Minne- tonka area to the north. The County is in the process of acquiring additional right-of-way now -- up to 120 feet. Penzel asked if the major access to this building is on public right-of-way. Enger said it was and this was due to the fact that access would then be brought farther back from the intersection. Enger said he had discussed this with Director of Public Works Dietz and it was decided there was little need, if any, for this right-of-way. Penzel expressed concern at the lack of a totlot. Enger said swing sets could be placed in the area to the north of the building, if necessary. Director of Community Services lambert said they usually don't look at anything less than 50 units. He felt a chain link fence would be required to protect children from the traffic on Shady Oak Road. Ray Dudycha, 6602 Shady 0ak Road, noted the driveway into the apartment building is right across from his yard -- he expressed concern about the lights from cars entering and leaving. He wondered how there is enough property for the building after 20 feet is taken off for Shady Oak Road. Sieber said they had acquired this property in 1971 and agreed this was a difficult piece of property to develop. He felt they had finally come up with a viable use. i Penzel noted a petition dated October 15, 1982, from the neighbors on Shady Oak and Golden Ridge. (attached) MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 11-82. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath , to direct Staff to draft a Develop- e r s Agreement taking into consideration the recommendations included in the Staff Report, those of the Planning Commission, as well as consideration of green space, access control (chain link fence or very dense planting -- the latter preferable) , provisions to be made for a tot lot, the entire area (sliver) to the the north included in this piece, screening on the west side to be properly done, and consideration be given to find a solution to the potential problem of headlights relative to the Oudycha property. Motion carried unanimously. VI . PAYMENT OF CLAIMS NOS. 4177 - 4404 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 4177 - 4404. Roll call vote: Bentley, Edstrom (abstained on Claim No. 4335) , Red- path, and Penzel voted "aye." Motion carried. ME_ City Council Minutes -7- October 19, 1982 VII . REPORTS OF ADVISORY COMMISSIONS ; A There were none. VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS 1 A. Report of Council Members Penzel - stated a letter had been received from Congressman Frenzel regarding cable television regulations. A hazardous waste meeting was attended by Bentley and Penzel last week which provided no significant information. City Staff will meet with the Waste Management Board Staff at least twice in the next two i weeks. Bentley expressed concerns which must be addressed in these discussions including the projections by the Metro Council relative to expansion of the trunk sewer system. City Manager Jullie stated our capacity allocation is 2.9 mgd which ,night be in jeopardy should heavy •water/sewer use be needed by a hazardous waste facility. Red path - noted the Supreme Court had ruled that an apartment or townhouse complex cannot charge the ultimate fees, but instead $1 per unit as a one time charge for cable tv hookups. B. Report of City Manager ' Report to be covered under New Business. C. Report of City Attorney - See IX. E. Called attention to the Memorandum of October 19, 1982, regarding "Procedures Relative to Certain Zoning and Rezoning Matters" and said he would address that later in the evening due to the number of people in the audience for other issues. D. Report of Director of Community Services 1. Joint Master Plan for Anderson Lakes Regional Park by Hennepin County Park . Reserve Distrfct Director of Community Services Lambert stated the Master Plan has been drafted and is in the review process at this time. He noted it had been before the Parks , Recreation & Natural Resources Commission on October 4th. He introduced Greg Mack of the. Park Reserve District Staff. Greg Mack, South Division Manager, introduced members of his Staff; Don DeVeau, landscape architect and Larry Gillette, wildlife biologist. Mack then reviewed the process . DeVeau addressed the proposed Master Plan. City Council. Minutes -8- October 19, 1982 Redpath stated he has had a long association with the Hennepin County Park Reserve. The City had been asked to acquire and then release to the County the areas around Anderson Lakes. He said it was astounding to now find the plan identified as a Bloomington/Hennepin County Plan. He said it has always been known that the active areas would be in Bloom- ington at Bush Lake and Hyland Park. He said that for the last 12 or 14 years Anderson Lakes had been designated as wildlife. Les Blacklock's plan just had the "rhino head" area to be active. Penzel said it was the intention to develop the Anderson Lakes portions of the Park to provide for Blacklock's plan. He said he has been involved in this since 1973 and finds this to be an abrupt turnabout from a previously existing commitment. He said he would like to see some serious looking at the historical background of the entire concept so the spirit of cooperation which has been established through the years would not be disturbed. Edstrom read a letter dated October 15, 1982, and addressed to the Mayor and Members of of the Eden Prairie Council , from Les Blacklock. Mack said the trail shown on the south Anderson Lake is only a concept -- the trail on the west side of south Anderson Lake is a woodchip trail and not one which would be used year around. Discussion ensued on the use of that trail and the fact it is now a deer corridor. Bentley said any intrusion on the Anderson Lakes by boats would cause permanent damage to the heron and egret rookeries ; he would not like to see any dredging of any of the Lakes. Penzel said there is a City Ordinance which prohibits the use of boats cn Anderson Lakes . Redpath said he wonders if the hoops C the City went through to put the Park together were worth it when he reads -- what is proposed. Edstrom said Eden Prairie is very much in the park development business. He said he was amused that once park land is acquired it must be developed. He said we lose sight of the fact that some parks should be left in a pristine state -- what area will we have which will remain that way? Trevor Gettleman, 8851 Hidden Oaks Drive, noted there seems to be a war in regard to what will happen along the western shore of the southern Anderson Lake. He noted he had sat throught the October 4th meeting of the Parks, Recreation & Natural Resources Commission meeting with the Park Reserve people and there had been no changes in tonight's presentation based on comments made at that meeting. Ike said he and his neighbors would like to have some backing from the Council . They do not wish to have any sort of trail along the western shore -- right now there is a fence along that shore so those who live along that shore cannot get down to the lake. There is a bluff along that area which is a natural habitat. He believes it is all going to boil down to a philosophical battle with the Hennepin County Park Reserve District. John Bergan, 8705 Bentwood Drive, said they hear the ducks and geese along the shore, but are unable to see them. It is too wet to walk behind their homes -- especially in wet years -- and they find it easy to abide by the fact they are not to go back there. He said he is scared to death when he City Council Minutes -9- October 19, 1982 3 hears the word "concept" because concepts have a way of turning into reality. He would like to see an interpretative center on the east side. He said he appreciates the Council ' s support and likes what he hears they are saying regarding the Plan. Bill Steinbicker, 9152 Neill Lake Road , said he finds it incongruous that a wood chip trail would be placed so close on the western side, but that the trail on the north side of the lake must be 100 feet back. He said he supports maintenance of the natural area. He would like to see an interpretative center in the area which had been previously developed, where there are presently roads , and leave the other portions untouched. Warren Weak, 8839 Hidden Oaks Drive, said he is concerned about the security of his property and of that surrounding his. He said there really is nothing to look at if there were a woodchip path because the undergrowth is so high. Ralph Nelson, 8747 Bentwood Drive, expressed concern about the litter -- he is a jogger and said no one picks up any more litter than he does and one more path would only add to that. Redpath asked "How far in stone is this etched?" Muck said the Plan had not been reviewed by the full boards of the Park Reserve District nor had it been formally reviewed by the Bloomington City Council . In regard to Gettleman' s concern about lack of response, he noted that the same information must be made available to each group to whom they are making the presentatiors and no changes will be made until after that is done and all recommendations have been heard. Bentley asked why the Plan had been drafted in conjunction with the City of Bloomington and nQt with the City of Eden Prairie. Mack stated that in the transfer document the City relinquished its r-Ights to be a participating party -- the City did not want to take an active role at the time the docu- ments were signed. Lambert said the City had given up its right to be an implementing agency but had not given up its right to comment -- Bloomington still will operate portions included in the Park and therefore did not relin- quish its rights. Larry Gillette, wildlife biologist, said he is a fan of Blacklock -- he has watched the various uses in the parks and said he finds tine wildlife to be very adaptable -- there is virtually no impact on the species - with very few exceptions - when the parks are developed.The trails on the western shore will have no impact on the wildlife. Edstrom said it is time for $ the human species to adapt -- let some areas remain as they have been. Lambert noted the Parks, Recreation & Natural Resources Commission had approved the Plan with the following changes: 1) delete the west trail on the southern Anderson Lake; 2) delete the parking access road proposed by the arrow -- although it is a concept; 3) to consider vehicle parking and access road east of Amsden Way. Lambert said he had spoken with Les Blacklock earlier this week -- Blacklock still strongly opposes the trail on the west side of the Lake and feels it is a backstage area for the Park. City Council Minutes -10- October 19, 1982 He did not compare it to Wood Lake. Lambert again noted the vegetation �,- along that western shore where the cattails go out for 200 - 300 yards the only thing to look at, if there were a path, would be a solid wall of cattails or the backs of people' s homes. Gettleman called attention to a letter he had written to the Council . Bergan asked the purpose of the trail on the west side of the Lake. DeVeau said it would be a connection of the southern trail to the rhino head area. He said the other trails are quite far back from the Lake and this would be the only opportunity to get close to the Lake and to the cattails. Mike Henry, chief landscape architect, Hennepin County Park Reserve District, said the Plan still has to go through a number of phases yet. It will be looked at and the problems will be eliminated. MOTION: Redpath moved, seconded by Bentley, to support the recommendations of the Parks, Recreation& Natural Resources Commission and to strongly urge the Hennepin County Park Reserve District Staff and Commission to adopt the City of Eden Prairie' s position regarding the use of the west Anderson Lakes comprehensive plan. Motion carried unanimously. Dan Sketterelia, 8863 Hidden Oaks Drive, asked if the motion included the moving of the parking lot. Penzel said it did. f - 2. Report on Community Center Edstrom asked about the changes in last month' s figures. Director of Community Services Lambert said low attendance was not a surprise as September is the month when everyone is getting back to school and into Fall activities -- the attendance will pick up a little in October and should be back to its peak in November. IX. NEW BUSINESS A. Bids for City Hall Roof Repair City Manager Jullie noted his memorandum of October 18, 1982, in which the bids were summarized. MOTION: Edstrom moved, seconded by Redpath, to approve the All Weather Roof Company bid of $22,950.00 for- repair of the City Hall roof. Roll call vote: Bentley, Edstrom, Redpath, and Penzei voted "aye. " Motion carried unanimously. B. Prairie Center Drive Settlement City Manager Jullie called attention to a letter dated October 8, 1982'1re; City of Eden Prairie vs. Relf, et al . The attorney had informed Richard Rosow of the City Attorney's office that his client was willing to settle for the temporary easement. City Council Minutes -ll- October 19, 1982 MOTION: Bentley moved, seconded by Redpath , to approve the payment of $6,460 as full compensation for the Relf temporary easement. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye. " Motion carried unanimously. C. Status of Landfill Permit City Manager Jullie stated he had gone through the amended draft of the permit. He said the Pollution Control Agency (PCA) had made several of the changes the City had requested; there are still some things which are not in- cluded which he would like to see. These include the extension of the methane a barrier northerly about 500 feet, limits on the amount of change the Director of the PCA can to to the Plan, improving the sampling for toxic organics test— ing, and providing more test wells. Jullie said one important matter concerned financial assurance. The City is asking to be named in favor of any certificate of insurance or bond which might be necessary. MOTION: Bentley roved, seconded by Redpath, to continue the meeting past the 11:30 p.m. time limit. Motion carried unanimously. Discussion of the draft permit amendment ensued. The consensus of the Council was to write a letter to the Pollution Control C' Agency Board of Directors and the Environmental Quality Board requesting a Public Hearing and restating the City' s position. The letter will be signed by the Mayor and members of the Council . D. Building Permit Applications in the Rural District City Manager Jullied reviewed a recent meeting with John Hansen in regard to a three acre parcel in the Rural District on Eden Prairie Road. Jullie asked whether or not Staff should recommend or suggest that property owners go to the Board of Appeals. Edstrom said he did not think that type of change is an appropriate variance. $ City Attorney Pauly said he had written a memorandum on this sometime during the past year which said that even though a five acre (now 10 acre) parcel existed prior to 1969 there is no requirement to grant a building permit -- if a landowner has some use of his land (farming, etc. ) , this is considered. 3 by the Codrts, to be reasonable use of the land. Discussion followed and the Council agreed to continue with its present policy. • City Council Minutes -12- October 19, 1982 E. Memorandum from the City Attorney (continued from VIII . C. ) City Attorney Pauly addressed his memorandum of October 19, 1982, which outlined the procedures relative to certain zoning and rezoning matters (a copy is attached.) He noted the Council may direct Staff to prepare written reasons supporting either the denial of a rezoning request or the adoption of the proposed zoning ordinance. Edstrom said he agreed with this very much. He liked the procedure used this evening whereby findings were acted upon after the Public Hearing had been held. 3 X. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 12:01 a.m. Motion carried unanimously. r f i { I _ MINNESOTA HISTORICAL SOCIETY "FOUNDED IN 1849 690 Cedar Street, St. Paul, Minnesota 55101 (612)296.6126 13 October 1982 The Honorable Wolfgang Penzel Mayor of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mayor Penzel: RE: John R. Cummins Homestead 13600 Pioneer Trail Eden Prairie, Minnesota I am pleased and honored to congratulate yc.0 upon the entry of your property on the National Register of Historic Places. The National �+« Register, as you know, is a listing of districts, sites, and buildings t, considered to be worthy of preservation. An information sheet describing the program is enclosed. By recognizing the significance of your property and planning for its preservation you are participating in a national movement which aims to preserve, for the benefit of future generations, our cultural heritage.. Again, congratulations on your receiving this important designation. Sincerely, , alz� Nina Archaba 1 Deputy State Historic Preservation Officer Enclosures: are mailed to the owner only cc : Roy N. Thorshov, President Hennepin County Historical Society 2303 - 3rd Avenue South Minneapolis, Minnesota 55404 a Mrs. Albert Picha `f President Eden Prairie Historical Society 06525 Birch Island Rd. Eden Prairie, MN 55344 „ f t tLyman Lumber Company the professiona ,up, l builder's 300 MORSE AVENUE • MAILING ADDRESS: P.O. BOX 40 • EXCELSIOR, MINNESOTA 55331 • TELEPHONE (612) 474-5991 THOMAS P. LOWE PETER J. THRODAHL President Executive Vice President IF October 19, 1982 Mayor and City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor and City Council Persons: In 1980, Lyman Lumber Company became fee owners of approximately 55 acres in Eden Prairie through a mortgage foreclosure. Lyman Lumber Company then presented to the city a project called Woodlawn Heights, which was given final plat approval in 1981. We then decided not to go ahead with the project due to the state of the building industry. Ruscon Homes, Inc. , then approached us at Lyman with a desire to develop the property under a different concept that both we at Lyman Lumber Company and your planning commission view favorably. 1 Therefore, Lyman Lumber Company does hereby withdraw its previously approved Woodlawn Heights project if the current Ruscon proposal is given final plat approval . Very truly yours, ' LYMAN LUMBER COMP Y C Ja s E. Hurd Vice President JEH/la - -- w Y11011111- -'�',� ' The Honorable Wolfgang Penzel Mayor, City of Eden Prairie October 15, 1982 8950 Eden Prairie Road h Eden Prairie, :`Minnesota 55344 R Re: Ruscon Homes proposal for development of ) approximately 135 single family homes at Duck Lake Road and Town Line Road. Dear Mayor Penzel : The subject proposal has certain critical features which the undersigned find objectionable. These features have been reviewed and discussed with City staff, the developer, and at the public hearing before the Planning Commission. We request most strongly that major design changes be made to the Ruscon proposal before the City of Eden Prairie approves their rezoning and preliminary plat request. The specific changes we request the City of Eden Prairie to require are as follows. 1 . That the 25-30 foot cut from the highest point on the site be eliminated. To do this, a lift station must be located on the northwest corner of the site and proposed roads muse be relocated to adjust to the natural contours of the land. 2. That some of the building lots proposed along the west side of the ponds on the northwest corner of the site be eliminated to help preserve the trees and rugged character of that location.. 3. That the amount of filling be reduced (saving additional trees located in a ravine in the south central portion of the site) to correspond with the reduction in the amount of cutting mentioned previously. 4. That the active park (baseball diamond) be changed to passive park, � thus eliminating the need for more cutting and filling at this location and thereby creating a suitable and compatable land use with the 18 acres of passive park land located immediately adjacent to the south. 5. That the emphasis be placed on walk-out and tuck under units to enhance the unique highss and views this site has to offer- b. That street lighting be eliminated from the developers requirements or, short of that, that lighting be designed to be directional in nature and directed toward the ground. s It is requested that this letter and requests be written into the official record of the nu aring on this matter to be held on. October 19, 1982. e—C> �-�-� •h-»r�Ji u.a� October } 1s, 1982 OCT 19 1982 Dear Mr. Mayor and Member's of the City Council, We the undersigned do hereby oppose the construction of the proposed 20 unit apartment complex by Edward A. Sieber. We feel that a building of this size would jeopardize our neighborhood in the following ways. The traffic flow would increase immensely and there would therefore be an increase in the posibil.ity of traffic accidents. The speed limit on the County Road 61 is at the present time 50 m.p.h. . With the City West project going in the traffic flow will already increase immensely. At the present time we see no plan's for a play area for children and on the other hand do not feel this is a good loca- tion for children. The location Mr. Sieber has given you is County Road 61 and Rowland Road. This is incorrect. , the correct location is County Road 61 and Old Shady Oak Road. Mr. Sieber's proposed driveway to the apartment complex is directly across from a single family home, and their present driveway. The shape of the tract in which he plan's on building is not all fully useable land. Because the end of his tract will be approximately 15 feet wide and is of no useful value as a site for construction of the apartment building. Also the County has already stated they Kant a 20 foot strip of his land or approximately 27,C00 square feet. At the present time the southeast corner of his land is being used for the City street. Also--,hen Old Shady Oak Road is widened for Bryant Luke Park they will be needing more right of way where his proposed access to the underground ,garage's is located. So, in realiiy the 2.99 acre's he is referring to; is not appli- cable for use in his planes. In other words the area for construction is much Smaller than 2.99 acre's and is clearly too 6mall for a 20 unit apartment complex. He has not presented adequate plan's for a. good sight and sound screen, for the adjoining property. There should be plaW s for at least a six foot high wood privacy fence to separate the apartment's driveway from the single family home. +ti By zoning this as multiple dwelling you are actually spot zoning since we are � now rural. At the present time there are only 4 single family homes on this island. We feel a 20 unit complex will not conform to the existing character of the neigh- borhood. Eden Prairie is known foie It's natural beauty and we feel the construction of this building will definitely take away from this natural. beauty. In conclusion we feel that the construction of this building would not be a good idea and we are strongley opposed to Mr. Sieber's present plan's for a. 20 unit apartment complex. Thank you for taking this under consideration. Sincerely yours, Name a (� = C--2- �-t-� �1�— c� to a `>44 40 J—3 3 (0 5- 3 3 SNI` -PY BLA.CE.-LOCK NATURE PHOTOGRAPHY .110O.S'LAKi', All .-VESO october 15. 1982 a LNx Nat Al-C CYuii Ria(A.Iot k �,t` YAwor Penwal and *tubers of the Eden Praisde Couaoils Res A pr9posed hiking trail around time souUmest Anderson Lake Xf I :q, I#d Ilks, to make a statement to quali.:rJr EWBOlf aus a ovoos'+slti ng naturalist. I have done more than, thirty naturaust onauations and reooaosndatIons, including tour Seaaopin County Park Reserves. Wood Lake Mature Center in RiahfialA* St. Psaha CrostY Pasic, kiaseap63 3 s MIC► Csgp Mend ffn, HWs Lake State F&* and the CWrl Scout N&Uoaal Center near Ploasantville, Now To2ke Fr= and I lived on, the site of the Andersoa Lakes Park for more than tmutpy-two years. and we were lastrMoutal enougb is the park oa=* that the S.P. oounall voted unanjwuajl�r to give the natnro center ero�r case. As a fMend of the park. I planned a comrse vb*mW 'tbe pabue could observe nature doing its sates taaderhtl thins with as littto interference with those natural processes; as possihlo. I have not, mor will I. eocept palmont for this vork lest N7 natives; be questioned- At a hearings all interested parties, 4=3.hding The Preserves the a t Eden Praire Council res ,aderion Lakes ?rail October 35. 1962 Pogo 2 3 Hennepin County Park Reserve District and the Cit y of Hden Prairis, agreed to proceed to asks the park a reality on the basis of those plans. The Preserve agreed to pLace fiftydlse sores In soeoio easesment from the vest shores of the Anderson Laces to a fence borderIng that easmasest. In the plan (and nentioned in correspondence since than) the narrow vest aborrs of the Anderson Laces would rsud.n wild sight to the finoe. ?,here are good reasons to adhere to this poliagr. .first, i tI s the oaily fair wq to prsossd. w W;tmamidests UvAi g neighbor to tke paslc bought the r hoses ."IMe, snasreoe tint-tire would be ■ndiststsbed wilyd].ite habitat on the a4lAs a leomce � and have been hsppl2y living with that woof tiai r"24V_mUos tkam. It would now be vez7 unfair to allow the pabiic to =t. its` �6at fragll+e strip of uIldnesa whets these people, living &=t to tie tame, oamwt, osoue, Seoond, because the Pirserws people are 1lrlsig IW the raei and staying behind the fence, deer are cstiouing to mm the narrow west shore, ranging from the south store of the seratJ- I t bake to the north score of the north Anderson Lake. People driviog tad BighmW five trsqueat2r see doer between the odes Prairie Coster and the lake, sad &Umg the morft shore, as I reosatld► MA on a visit to bemUfml B& a VW6410. AW humn traffto through the marrow st 1p elan the vast shore or the southwest lake would lmediatelr shop aW dagtlae use of that corpldor tV door. Third, waterfowl and shorebirds vest ayvbsrr fsaa the shore to Um fens, and foxes and other dunning animals late banks as densitss. All would be disturbed ttr the intrusion of b=mms. Soo* a shoreside trsdl { sear be loss than satisfying because tall shore-edge vegetation hides the open water. S. lden Priaire Cannon re: Anderson Lae" ?rail OcUber 159 1982 Page 3 1 Trail dp1mg east between the north and southwesrt Anderson Lakes would i:ediitQy. penetrate the MbaaicstageM area, t s ldldllfe aan*tGMJ ► noosasars in all nature oenters where those creatures that rego3,re an area of undisturbed psSvW can do thed,r things. A sLaabte dew hard bas been wiateriAg tiero, and does am raise faaats them with afa3aal di We ,n na4mro oentor, the bLgi*r #ere naftstai'bnd *ba+akalla�ie,N the greater the pote:stial, for s+sim Wts"I `Uke tie Wit• Bald 3aster morning Z am a yaadsess, a on as t�la�• adrwd waver from the T11049" of oar Anderson Does b=o,' In intorpemo ve oenter matheast of theAndomem Sake oonIA be the bass for a toot trail north aysre" a ;Clog ring tieasdratk to the tosser Xop mdcV-.Check& fan sates, oir4Axg our tornrr eastessost Ic point on north Anderson Lake, then bade south to a Umo..tep boa:dm1]c ULM out troa Lop*dW's bbvff to overlook the suutbmmst 3Abe, Um" back to the floating Umx*m2k and the aff4ow Ourt kr-, a#,a sly* whoa Connt,T Road 18 is upgraded, teens m oz om east to 2LWWie s moods is moa■d a &S per a MCPRD sup of March Whatmmr the lhtare of this oatstanding vildLito and aataral arose verJ good tad * can happen ham wi'tbm* e13mdaatiag the ammitift USIAMOM Of the west dwre so►nth of the pass or Invading the m9A sanctsmW between the Lskea. Les Hiaoldook - i / IB72) 33Q-075S • LAM/ D F F I C [ • L A N G , P A U LY & G R E G E R S D N. LTD. 4108 IDS CENTER !ll MINNEAPOLIS, MINNESOTA 55402 RDYE Rt 7. LAND R06ER A. PAULY DAVIO H. GREGERSON R. TM OMAB GREENE. JR. R 1C H/RD f. RDSOW 1 MARK J. JOM.460N ? JOSEPH A. NILAWA i a October 8 , 1982 i i Mr . Patrick O'Meara Attorney at Law 548 West Parkdale Plaza Bldg. 1660 South Highway 100 St. Louis Park, MN 55416 Mr. John Keefe Attorney at Law 14525 Highway 7 Woodhill Plaza Bldg. Minnetonka, MN 55343 Re: City of Eden Prairie vs. Relf, et al . Gentlemen: This letter will confirm the conversation between Mr. O 'Meara and r myself on Friday , October 8 , 1982 . Mr. O'Meara informed me that his client was willing to accept the sum of $6 , 460 .00 as full compensation for the temporary easement the City is seeking in the above-referenced condemnation . This amount is composed of $4 , 710. 00 as payment for the temporary easement and $1 , 750. 00 for seven pine trees ($250. 00 per tree) . Mr. O 'Meara informed me that these terms were acceptable to Mr. Keefe . I will have this offer presented to the City Council at its meeting on October 19 , 1982 . Very truly yours , LANG, ULY & GREGERSON , TD. B • is and F. Rosow RFR/lmg cc Gene Dietz (/ s w7 7-