City Council - 02/03/1976 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 3, 1976 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye `
Joan Meyers
Tim Pierce
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Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Harlan Perbix
City Engineer Carl Jullie
Director of Community Services Marty Jessen
City Planner Dick Putnam
Recording Secretary Joyce Provo
INVOCATION - Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL - Penzel, Meyers , Pierce & Pauly present. Bye arrived at meeting
at7:50PM.
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I. APPROVAL OF AGENDA AND OTHER ITEMS
The following items were requested' to be added to the New Business category.
A. Bicentennial suggestion.
B. Changing February 24, 1976 Council meeting date because of
Precinct caucuses being held that evening.
C. Call from June Schmidt, Councilwoman in Edina.
D. Communication from the West Hennepin Human Services Planning
Board.
E. Discussion on resolution suggested from the Dakota County League
of Municipalities concerning Minnesota Municipal Aid Formula .
F. Discussion on appointment to the Transit Advisory Commission.
G. Hikeway/Bikeway on Valley View Road.
H. Manager review status with Local 49.
I. Proclamation of Susan B. Anthony Day.
MOTION: Pauly moved, seconded by Meyers, to approve the agenda with i
the inclusion of the nine afore mentioned items under New Business category.
Motion carried unanimously.
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Council Minutes - 2 - Tuesday, February 3, 1976
II. PUBLIC HEARINGS
r A. Condon/Naegele Realty Company PUD, request for PUD concept
plan approval for approximately 165 acres and rezoning of 4 sites
within the PUD to Regional Service Commercial for 4 auto dealerships.
Don Brauer, Brauer and Associates, consultant for the Condon/Naegele
Realty Company, outlined the proposal and spoke to his memo dated
February 3, 1976.
City Planner Putnam reported on the Planning Commission's
recommendations from their meeting held January 26 , the recommendations
from the Parks , Recreation & Natural Resources meeting held January 5, 1976 ,
and the Staff Report dated November 28, 1975.
Don Brauer, City Planner Putnam, and Director of Community Services
Jessen responded to questions asked by City Council members.
MOTION 1: Meyers moved, seconded by Pauly, -to close the Public Hearing and
and adopt Resolution No. 1090 granting PUD concept approval for
restaurant/hotel and highway service uses on the area west of Schooner
Boulevard, east of #169 , and north of #494 . Motion carried unanimously.
MOTION 2: Meyers moved that remainder of PUD proposal as presented
be returned to the proponent for refinement in accordance with the concerns
expressed by the Planning Commission, Council, Parks, Recreation &
Natural Resources Commission and Staff Report. Pauly seconded for
purposes of discussion.
AMENDMENT: Pauly moved to amend Motion 2, seconded by Pierce to redirect
back to the proponent_only that section of the application lying east of the
drainage cut that extends northerly from #494. Pauly, Penzel and Pierce voted
"aye" , Meyers and Bye voted "nay" . Motion carried.
VOTE ON MOTION 2 AS AMENDED: Penzel, Pierce, Pauly and Meyers
voted "aye" , Bye voted "nay" . Motion carried.
MOTION 3: Pauly moved to adopt Resolution No. 1086 granting PUD concept
approval for the auto dealership sites proposed in the PUD, and to give a
1st reading to Ordinance No. 317 approving the rezoning to C-Regional
Service for the 4 auto dealerships and public areas as outlined in Mr. Brauer's
detailed report,. Further direct City Attorney to draft rezoning agreement.
Bye seconded for purposes of discussion.
AMENDMENT: Meyers moved to amend motion to approve rezoning for sites
1 and 2 of the proposed auto dealerships and refer sites 3 and 4 back to the
proponent for further study. Pauly seconded for purposes of discussion.
Bya, Pauly, Penzel and Pierce voted "nay" , Meyers voted "aye" . Motion failed.
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VOTE ON MOTION 3: Pierce, Bye, Pauly and Penzel voted "aye" , Meyers
voted "nay" . Motion carried.
Council Minutes
II. PUBLIC HEARINGS (continued)
B. Maple Leaf Acres request for preliminary approval and rezoning
from Rural to R1--13. 5 and RM 6. S.
The proponent, Loren Irvine, and Cal Hedlund, consulting Engineer
for Mr. Irvine, outlined the proposal.
City Planner Putnam reviewed the proposal noting that the Planning x
Commission had a split vote as to its recommendations.
City Engineer Jullie outlined his memo dated February 3, 1976 which
included four alternates.
Bob Mavis, 6620 Lochanburn, explained that the Lochanburn homeowners
association was generally in agreement with the proponent, however would
like to pursue changing double bungalows to singles and perhaps moving
roadway to other side so access would not be to #101.
Bob Nielson, 6761 Tartan Curve, expressed his approval of the proposal
and signed petition stating so.
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Robert Meyers , 19040 Lotus View Drive, inquired as what would happen
to Lotus View Drive. City Engineer Jullie responded that it would stay
as is. i
Ernest Booth, 6781 Tartan Curve, submitted a signed petition supporting
the proposal dated January 31, 1976. The petition was received by the
Council and placed into the records.
Bob Kruell, 6780 Tartan Curve, expressed his concern about another creek
crossing.
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing
adopt Resolution No. 1087 approving the Preliminary Plat,
and approve the 1st reading of Ordinance No. 314 granting rezoning from Rural to
RM 6. 5 for duplexes on Lots 1 through 9 , Block 1, and from Plural to R1-13. 5
for the remaining lots in Block l,and all of the lots in Blocks 2 and 3 of the
Preliminary Plat of Maple Leaf Acres dated February 3, 1976, subject to the
6 items listed in Engineer's memo dated February 3, 1976 under Alternate A
with the change in item 4 to read "Lot 18" rather than "Lot 10", and add a new
item to read as follows: 117. Specify in rezoning agreement that the RM 6.5
designation would be for 2 family residences only. ". Also change Lots 1 '& 4.of Bloc,
2 so that no lot lines are within the Floodplain.. Names of the streets to
be changed In accordance with the City Engineer'6 requirements. Further
direct the City Attorney to draft a rezoning agreement.
Council Minutes 4 - Tues. ,February 3, 1976
B. Maple Leaf Acres (continued)
k AMENDMENT: Meyers moved, seconded by Penzel, to amend motion
for the rezoning from Rural to RM 6. 5 for Lots 1 - 7, Block 1, and Lots
8 - 9, Block 1, from Rural to R1-13 . 5, and to adjust lot lines of Lots 1
and 4 in Block 2 to reflect the drainage easements. Meyers and Penzel
voted "aye" , Pauly, Bye and Pierce voted "nay" . Motion failed.
AMENDMENT: Meyers moved, seconded by Pauly, to amend motion
to change proposed rezoning on Lot 8 in Block i to R1-13. 5 rather than
RM 6. 5. Pauly, Meyers , Bye and Penzel voted "aye" , Pierce voted
"nay" . Motion carried.
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VOTE ON MOTION AS AMENDED: Bye, Meyers, Pauly, r�anzel and
Pierce voted "aye" . Motion carried unanimously.
C. Skelly Oil Company Rezontn2 Request, from I-2 Park to Highway
Commercial for their station remodeling and possible future restaurant
Don Heisterkamp, representing the proponent, appeared before the
Council and outlined Skelly Oil's request.
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City Planner Putnam spoke to the Staff Report dated January 6, 1976,
Cand the Planning Commission minutes dated January 12 , 1976.
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MOTION: - Meyers moved, seconded by Pauly, to close the Public Hearing
and that the City Council finds it is not necessary to require rezoning
from I-2 Park brit allow remodeling of the existing station only and require
upgrading of the site to meet other City ordinances based upon the
skematic site plan outlined in the Staff Report dated January 6, 1976
deleting and disapproving the proposed restaurant. Further
that the design of the in only access to T.H. 5 meet M.H. D. and City i
Engineering standards; that a landscaping plan be submitted with the
service station remodeling plans; screening and buffer construction should
occur with the service station remodeling construction, and that site
development standards for curb and gutter, parking 'and driveway design
and construction meet the City Engineering Department standards. Motion
carried unanimously.
D. Community Devel02ment Block Grant Funds for 1976 (continued Public Hearing)
City Planner Putnam reviewed the recommendations of the Parks, Recreation
& Natural Resources Commission, the Planning Commission, and the
Human Rights Commission.
MOTION: Meyers moved, seconded by. Pauly, to close the Public Hearing
and adopt Resolution No. 1091 agreeing to use our Community. Development Block
Grant 1976 Funds for continuing implementation of the Bikeway/Hikeway plan alone.
County Road 4 to Minnetonka border, along County Road 1 from County Road 4
to ballfields, and west from .County Road 4 and/or Round Lake Park to T.H.101.
Motion carried unanimously.
Council Minutes - S - Tuesday, February 3, 1976
E. Request for Public Hearing for Muriel Humphrey Residences (Fraser
School) .
MOTION: Faye moved, seconded by Pierce, to set the Public Hearing
for February 26, 1976 , and to change the regularly scheduled Council
meeting from February 24 , 1976 to February 26, 1976. Motion
carried unanimously.
MOTION: Pierce moved, seconded by Pauly, to go beyond the 11:00 PM deadline for
adjournment until no later than 12:00 Midnight. Motion carried unanimously.
III. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports by Council Members.
The following Council members offered reports from meetings they attended
as a Council. Representative:
Bye - Human Rights Commission meeting held
January 20, 1976.
Pierce - Parks, Recreation & Natural Resources
• Commission meeting held February 2 , 1976.
Penzel outlined two communications he had recently received, one
from the Metropolitan Council and the other from Commissioner E. F. "Bud"
Robb.
Penzel appointed Wes Dunsmore as Assistant Weed Inspector.
City Manager Ulstad asked if it was the Council's desire to refer
the Cash in Lieu of Park Dedication matter to the Planning Commission.
The Council agreed that they did wish the Cash in Lieu of Park Dedication
matter to be referred to the Planning Commission.
B. Report of Planning Director
1. Recommendation of the Planning Commission on Purgatory Creek Open
Space Corridor Study.
City Planner Putnam spoke to the Planning Commission's recommendation
that the Purgatory Creek Study be adopted in concept as a policy guide,
and requested that a Public Hearing be set for this specific matter.
MOTION: Meyers moved, seconded by Pauly, to set a Public Hearing
for the Purgatory Creek Open Space Corridor Study for March 9, 1976.
Motion carried unanimously.
Council Minutes - 6 - Tuesday, February 3 , 1976
' C. Report of Finance Director
1 . Clerk's License List
MOTION: Meyers moved, seconded by Bye, to approve the
Clerk's License List dated February 3, 1976 as submitted. x
Motion carried unanimously.
D. Report of City Manager
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1 . Personnel Resolution
MOTX)N: Meyers moved, seconded by Pierce, to adopt
Resolution No. 1088, Personnel Policy. Motion carried
unanimously.
2 . Letter from George M . Hansen Company dated 7anuary 20, 1976
MOTION: Meyers moved, seconded by Bye, to accept the
letter from the George M. Hansen Company dated January 20,
1976 and authorize the Mayor to sign same. Motion carried ?
unanimously.
3 . Request from South Hennepin Human Services Council
MOTION: Bye moved that the City authorize an expenditure of up i
to $250. 00, this amount being reduced by the cost of the partitions
being provided by Rosemount, Inc. The balance of equipment t
purchased will remain in the ownership of the City of Eden Prairie to
be on loan to South Hennepin Human Services Council. Motion
seconded by Pierce. Roll Call Vote: Bye, Pierce , Pauly, Meyers
and Penzel voted "aye" . Motion carried unanimously.
Penzel requested SHHSC to furnish receipts to the City Manager.
IV. NEW BUSINESS
A. Bicentennial suggestion
Pauly suggested a "tree planting day" in Eden Prairie as a Bicentennial
suggestion, preferably a flowering tree.
MOTION: Bye moved, seconded by Pauly, to wholeheartedly accept this
suggestion and refer it to Mr. Jessen. Motion carried unanimously.
B. Changing February 29 , 1976 Council meeting date because of Precinct
caucuses beind held that evening.
This item of business was taken care of under. 11. X. '
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1.UU11111 1V1111U1UJ / - luesaay, reoruary j, 1J%b
IV. NEW BUSINESS (continued)
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C. Call from Tune Schmidt, Councilwoman in Edina .
Councilwoman Meyers reported on a phone call she had received
from June Schmidt, Councilwoman from Edina, requesting Eden
Prairie's participation in a meeting to be held Wednesday, February 11,
7:30 PM at the Minnetonka City Hall pertaining to a suburban
stand on the financing and operation of the County Medical Center.
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Bye requested staff contact Mrs. Schmidt to find out what will be going
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on at this meeting and bring this matter back to the Council's
attention on February 10.
D. Communication from the West Hennepin Human Services Planning
Board
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MOTION: Bye moved to officially discuss this :natter at the
February loth Council meeting, seconded by Pierce. Motion carried
unanimously.
E. Discussion on resolution suggested from the Dakota County League of
Municipalities concerning Minnesota Municipal Aid Formula .
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This item to be placed on the February 10, 1976 Council Agenda.
F. Discussion on appointment to the Transit Advisory Commission.
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MOTION: Meyers moved, seconded by Bye, to appoint Per
ry Forster
to the Transit Advisory Commission as recommended by Mayor Penzel.
Motion carried unanimously.
G. Bikeway/Hikeway on Valley View Road
Pierce stated that the Parks , Recreation & Natural Resources Commission
had not had a chance to review the six alternatives for Community
_ Development Funding of the Valley View trail.
MOTION: Bye moved, seconded by Meyers, to refer the six alternatives
for Community Development Funding of the Valley View trail to the Parks,
Recreation & Natural Resources Commission for review. Motion carried
unanimously.
H, Manager review status with Local 49
City Manager Ulstad reviewed the present status of the Local 49
negotiations . Bye suggested this matter be referred back to the City
Manager, and that the City Manager be prepared to inform the Council
at the next regularly scheduled Council meeting of further negotiations.
Council Minutes - 8 - Tuesday, February 3, 1976
�' . I. Proclamation of Susan B. Anthony Day
Mayor Penzel proclaimed that February15 1976 shall, all be honored
as Susan B. Anthony Day.
V. A_DTOURNMENT
MOTION: Pauly moved , seconded by Bye, to adjourn the meeting at 11:30 PM.
Motion carried unanimously.
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