City Council - 08/13/1974 E
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flINUTES
EDEN PRAIRIE CITY COWICIL
Tuesday, August 13, 1974 7:30 P12 City Hall w
COWICIL NENPERS: Pla-,or David V. Osterholt, John ►-icCulloch, Elolfgang Penzel ,
Joan f;eyers and Sidney Pauly.
COU61CIL STAFF: City Nanager Robert Heinrich, City Attorney Harlan Perbix,
Clerk-Finance Director John Frane, PIanner Dick Putnam.
Invocation was given by Mayor Osterholt.
Pledge of Allegiance.
Roll Call .
I. NIPUTCS:
Minutes of the regular meeting held August 6, 1974.
notion by Penzel , seconded by Pauly, to approve the minutes as published.
TlcCulloch, Penzel , Pauly and Osterholt voted aye. Meyers abstained be-
cause of her absence the previous meeting. (lotion carried.
II. BID OPENING Oil SAO E OF BONDS, 3 million General Obligation Bonds.
City Diana er Robert Heinrich introduced Robert Ehlers of
Ehlers a Associates, Inc. who reported that the bids vicre received from
Mortiraestern Banks Corp. and Piper, Jeffray & Hopwood, Inc. Ehlers
recommended the loaf bid of Bancnorthwest Corp. at 6.57956 % interest.
Motion by Penzel, seconded by ►icCulloch, that the bid of Banenorthwest
Corp. be accepted. On roll call , all votes were aye. Motion
carried unanimously.
III. PUBLIC HEARINGS:
Second Reading of Sign Ordinance. Ordinance Plo. 261 .
Notion by McCulloch, seconded by Meyers, to approve the second reading
of Ordinance No. 261 with the corrections made previously by the Council
and including the suggestions made by Attorney Perbix; and close the
hearing. Motion carried unanimously.
IV. PETITIONS, REQUESTS & C0" NUt1ICATI0P1S:
A. Communication fro the hiller Brothers re irdinq the possible,
Tale of propert„t Mitchell Lake to Cityor park purposes.,
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IV. PETITIONS,REQUESTS & COMMUiIICATIONS
A. (continued)
Meyers suggested study of the property be made to
determine if it tied in c•;ith other park plans; and a a
study of possible financing arrangements for its purchase.
Motion by Penzel, seconded by Pauly, that the staff be
directed to appraise the real estate value, determine the
amount of land to purchase, inquire into option possibility
study relative park plans and feasible funding, and report
back to the Council. Motion carried unanimously.
B. Letter from Mr. John Tobler, dated and received 7/30/1974,
requeszing permission to oca e a gymnastic c uo in an
in- us rial zone.
Mr. Heinrich explained that the site in consideration
is the Condor Corporation, 7400 Washington Avenue. He
introduced Mr. Tobler who explained his plans for the club. �
Penzel raised the questions of
q parking space availability
and increased traffic volume. Mr. Tobler said parking
space is ample and no traffic problems are anticipated
because the girls would be dropped off and picked up by
their parents. The club would be open after school hours.
He added that recital of the building would be on temporary
basis as he plans to build in approximately two years.
Meyers asked if physical changes would be made in the
building that would hinder other uses in the future. Mr.
Tobler said that it zras a Matter of just adding equipment.
He is agreeable to a conditional use permit for two years.
Meyers said she preferred definitive guidelines to follow
in this type of situation, in case other similar requests
came before the Council.
Putnam agreed that this is the type of thing that will
soon be in demand and the City has no place for them.
Perbix reminded the Council to be sure that Condor Corp.
knew all the arrangements and was in agreement with them.
Motion by Pauly, seconded by Penzel, that the attorney
be instructed to draw up a conditional use permit to
expire January 1 , 1977, with all conditions understood
by Condor Corp. ; and continue to the August 27 Council
meeting. Motion carried unanimously.
C. Communication from The Preserve, dated 8/9/74.
The letter requests waiving of plat approval procedure
of Ordinance No . 93 on the basis that church use of the
-land does not require rezoning.
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IV . PETITIC,:S , REQUESTS COT-r�Ul;ICATIONS :
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C. (continued) a
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Motion by McCulloch, seconded by Pauly, to refer the
request to the Planning and Zoning Commission for
consideration and a report back to the Council. motion
carried unanimously.
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D. Jim Perkins and Clayton Freeburg request to divide the
proper .y at 701D Wil-o�-, Creek oad into three lots.
AttorneyPerbix reviewed the facts of the request ,
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emphasizing that the Council has been consistent in
saying there shall be two building sites, both fronting
on a public road.
Mr. Thomson, representing the McKinnon property, spoke'
in oppositionp to further d p division on thegrounds� that
there would be no proper access to three sites.
Mr. Larson, neighbor to the area, stated that subdivision
into three sites would make each lot too small.
Mayor Osterholt asked the attorney how to resolve the
intentions set forth in Resolution No. 868.
Perbix said that if the Resolution still reflected the
feelings of the Council they should instruct the staff
to halt building until the Registered Land Survey was
corrected.
Mr. Sorenson concurred, saying that the Council should
affirm the Resolution.
Motion by Penzel, seconded by McCulloch, that the Council
affirm, the action taken July 9, 1974, and instruct the
staff that no further permits be issued until the RLS
was corrected to Resolution No. 8068, the intent being to
halt construction. Pauly, Penzel , McCulloch and Osterholt
voted aye. Meyers voted naye. Motion carried.
V. ORDINANCES AND RESOLUTIONS :
A. Resolution No . 881 , thanking Jan Berkland for service
to the community.
Motion by Penzel , seconded by McCulloch, to adopt the
resolution. Motion carried unanimously.
B. Resolution No . 877, in support of proposed national
legislation to increase Land and Water Conservation
'und from 7300, 000, 000 to s , U , U , .
Mr. Heinrich reported his findings on the matter, saying
that all allocated funds had been sp ant or 'in .Iinn-m-
sot=: i,ut teat t1lie past federal administration has withheld allocatie;►
of funds autliorized by Congress.
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V. ORDINAI.CES AND RESOLUTIONS:
B. (continued) s
ICF.IeYers recommended that point number 1 of the Resolution
be eliminated and asking that all allocated funds be
expended . a
Motion by Penzel , seconded by Pauly, that the Resolution
No. 877 be approved, leaving out point number 1 and
recommending that all allocated funds be expended.
Motion carried unanimously.
C. Resolution No. 886 amendina Resolution No . 738
establishing assessment policies for the Major-Center
Ong Road Project b R 72-9-2b.
Meyers noted that the tern, single family residen
should refer to homesteaders only; and that religious
institution uses be clearly defined to avoid too many
tax-free parcels of land.
Tfotio n by Penzel , seconded by McCulloch, that action
be continued to the August 27 Council meeting. Motion
carried unanimously.
D. Resolution No . 884, establishing election districts
and Polling places.
Motion by Penzel, seconded by McCulloch, that Resolution
No. 884 be approved. Motion carried unanimously.
E. Resolution No . 885, concerning granting permit requests
Tor Feeders, Inc.
Motion by Penzel, seconded by Meyers, that further study
of the matter be made by the attorney and continue to
a future meeting. Motion carried unanimously.
VI . REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
A. Report of Mayor:
1 . Meeting Wednesday, 8/14/74, 7: 30 PM at the Bloomington
City Hall with the Chairman of the Metropolitan Council.
2. Appointment to the Park and Recreation Commission.
No additional appointment has been made at this time.
B. Report of Councilwoman Meyers :
1 . Discussion of new Agenda heading (New Business) .
Meyers stated a concern that time be allowed at
Council meetings for informal dialogue; and that at
this time no action be taken, except directions to
staff; that this time be listed last on the Agenda
under the heading of "New Business".
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VI . REPORTS OIL' OFFICERS, BOARDS AND CoMMISSIONS:
B. (continued)
Motion by Meyers, seconded by McCulloch, that the
new heading "Ne1w Business" be added to the Agenda.
Motion carried unanimously.
C. Report of Councilwoman Pauly:
1 . Discussion of street names.
Pauly expressed a concern that the streets of the City
of Eden Prairie be named in an attractive and systematic
manner; and proposed the following Resolution:
As a service to developers, to provide Eden Prairie
vrith definitive, unique, and attractive street
names, to help preserve our vanishing heritage; f
the City Council of Eden Prairie requests the
services of the Eden Prairie Historical Society
to prepare a substantial selection of characteristic
names particularly suitable for Eden Prairie streets.
The Council further requests the staff to encourage
the use of these names when new streets are developed.
I-lotion by Pauly, seconded by Penzel, that Res. No. 883
be adopted. Motion carried unanimously.
D. Report of Planning Director:
1 . Crestwood 73 outlot A, by Alex Dorenkemner located
south of Co . Road 1 in southwestern Eden Prairie.
.quest to diviae outlot A to o 3 'lots.
Pauly expressed sympathy for the request but admitted
that Dorenkemper' s approach to the Council had been
L` too ' piece-•meal ' .
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41) ., Meyers favored denial of the request and suggested
o ao 0 a study be ,.lade of the unsewered areas of Eden Prairie
.� g to determine what guidelines can be made for these
W U N' s situations.
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a V Perbix noted that the request for subdivision was
similar to the Perkins request; and that the Council
0 o �+ was being put on the spot. He concurred with Meyers
� o that the general area was the concern, not Do.renkemper.
a� `-4 Motion by Meyers, seconded by Penzel, that the
Sao request for subdivision of outlot A be denied.
Motion carried unanimously.
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,r-� CH '� Motion by Pauly, seconded by Penzel, that the Council
request the Planning and Zoning Commission to study a
the unsewered areas of the community, particularly
residential, single family; and formulate guidelines
that take into consideration soil conditions and
urgency for utilities. Motion carried unanimously.
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VI . REPORTS OF OFFICERS , BOARDS AND COMMISSIONS:
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D. Report of Planning Director: (continued)
2. Opus II, Rauenhorst Corporation request for PUD plan
approval , rezoning a 20 acre parcel located north of
Cross e m 62 and west of Co . Road 18 from Rural to
ar_d preliminary plat approval.
Bob !�.orthington of Rauenhorst Corp. introduced the
request by stating that final plat approval has been
granted for all the project located in hZinnetonka,
except the residential portion. Roughgrading has
commenced.
Peter Jarvis, consulting firm representative, explained
the location of the site, the one-way street system
for maximum safety and minimum congestion, the secondary
roads for pedestrians and small vehicles, and the grade g
separation at each intersection. High rise office
buildings are planned for the portion of land located
in Eden Prairie.
McCulloch questioned the problem of fire protection.
Putnam said that service would be provided by the City
of Minnetonka; and since the road on the north edge
of the property belongs to Minnetonka, they would be
responsible for the upkeep and snow removal.
Meyers asked about the small parcel of land west of
the Eden Prairie portion of land. Jarvis said that
the land did notbelong to Rauenhorst and that it is
occupied by homeowners.
Motion by Penzel, seconded by Pauly, to approve PUD
concept plan, rezoning the 19.7 acres but excluding
the small area south of the Crosstown 62; and instruct
the attorney to draft the rezoning agreement. Motion
carried unanimously.
3. __E�ag�le Enterprises, Prairie Village Mall, request for
commune y ommercia..l zoning g end multiple residential
use on the approximate acre site located in t _e
northwest corner o and Co . Road rr4.
Putnam stated that the residents of the sarrounding
area of the project were more concerned about the
traffic that would be generated than the commercial
use of the land. A letter spelling out the concern
for proper developement of this area was signed by
53 residents and presented to the Planning Commission..
He reminded the Council that this area was not intended
for commercial use under the Comprehensive Guide Plan.
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VI. REPORTS OF OFFICERS, BOARDS AHD COYIIISSIONS:
D. Report of Planning, Director:
3. (continued)
Mr. Lance Norderhus presented Eagle Enterprises
flan for development . The first stage would be 10
acres of commercial with Super Valu and a hardware
store as the main tenants. A substantial buffer
zone on the north edge of the property *mould be
included in this stage. The second stage would be
multiple dwellings on a 4 acre site, presently located
at the west end of the property. They can be changed
to the east portion if abutting property owners
objected to the location. T`
Motion by Penzel, seconded by Meyers, that the
resolution of the Planning and Zoning Commission
be reviewed and referred back to the Commission; and
that the attorney give his opinions of the plurtri;p,'d Sii -•
Zbninj tfassifitWon 4s- '�t t'-JAtcs to the: Corprcr'i&siv,► 'Tuide
PI'-;In- A-tIIW forth? df -a- ref.oy-tlto- bo subti Vted to•t!ie Council and
'hu- oftission More the' -Septembcx-3rd mc:cting.
4. Gonyyea Investment Co . p Prairie Acres, PUD and
rezoning request -Xor Co- m-muni ,y Commercia z hwa
Commercial, and Residential for about 30 acres
IL located in the northeast corner of T.H. ; 5 an
o . Road r .
Eldon Hookland of Gonyea stated that he is agreeable
to the same consideration and previous action.
Motion by Penzel, seconded by McCulloch, that the
resolution of the Planning and Zoning Commission
be reviewed and referred back to the Commission; and
that the attorney give his opinions of the Comprehensive
Guide Plan versus rezoning and report back to the
Council and the Commission before the September 3
meeting. Motion carried unanimously.
E. Report of City Clerk :
1 . Recommended License Application Lister dated 8/�9/74.
Motion by Penzel, seconded by McCulloch, that the
list be approved as presented. Motion carried
unanimously.
F. Report of City Attorney:
1 . Codification of City Ordinances.
Attorney Perbix recommended other professional help
for this time consuming task.
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VI . REPORTS OF OFFICERS , BOARDS AND COMMISSIONS:
F. Report of City Fttorneu:
1 . (Continued) �
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Motion by Penzel, seconded by Meyers , that the staff
and the attorney be directed to investigate the cost
of and obtain proposals for the codification of the
City ordinances, and report back to the Council.
Motion carried unanimously.
2. Planning Commission' s recommendation to rescind
�- 1 (Eden Farms) .
Motion by Meyers, seconded by Penzel, that the Council
recommend rezoning and place the matter on the agenda
for Public Hearing at the September 10 meeting.
Motion carried unanimously.
G. Report of the City Manager:
1 . 1973 Annual Audit.
Motion by McCulloch, seconded by Meyers, that the
Audit be reviewed publicly at the September 3 meeting.
Motion carried unanimously.
VII. FINANCES:
Payment of Claims No . 4673 - 4830.
Notion by Penzel, seconded by Meyers, that Claims No.
4673 - 4830 be paid as presented. On roll call, all votes
viere aye.
VI II.ADJOURNMENT:
Motion by Penzel, seconded by McCulloch, that this meeting
adjourn. Motion carried unanimously.
The meeting adjourned at 12: 45 AM.
Ruth Lee, Deputy Clerk