City Council - 07/06/1976 APPF:OVED MINUTES
FQEN PRAIRIE CITY COUDICI"
TUESDAY, JULY 6, 1976 7:30 PM , CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Fenzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad 1
City Attorney Harlan Perbix
City Engineer Carl Jullie
City*Planner Dick Putnam
Director of Community Services Marty Jessen
Finance Director John Frane
Recording -Secretary Joyce Provo
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INVOCATION - rather Levanski , St. Hubert' s Catholic Church, Chanhassen
ROLL CALL: All members present.
I. APPR'" AL OF AGET: L.y A zJ OTHER ITEMS OF BUSINESS
�. MOTION: Eye moved, seconded by Meyers , to approve the agenda as i
published . Motion carried unanimously.
II. MINUTES
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A. Minutes of the_ oint City Council/School Board Meeting—held Tuesday, t ,
June 15 , 1976 .
Correct the work "birm" throughout the minutes to "berm" .
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Page 1 , para . 4 , line 4 , strike "opinion" and insert "impression"; in the f
same para . , 6th line , after "Hills" insert "park" .
Page 2 , 3rd para . , 3rd line , strike "non" and insert "none" .
Page 3, 4th para . , 1st line , strike "capital" and insert "capita" .
MOTION: Meyers moved, seconded by Pierce, to approve the minutes of
the Joint City Council/School Board meeting held Tuesday, June 15, 1976
as corrected and published. Meyers , Pierce , Bye and Fenzel voted "aye" ,
Pauly "abstained" . Motion carried.
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B. Minutes of the Regular Council D.1ee ti n -1 }geld Tuesday, June 22 , 1976
Pg. 3 , before the 1st motion on the page, add a new para . to read:
"Art Miller, 8930 Eden Prairie Road , asked how the bikeway/hikeway
would affect his property. Mr'. Jessen assured him that the bikeway/hikeway
would be located in the road right-of-way. "
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Pg. 5 , before para . 6, add a sentence to read: "Pauly spoke in favor
of the variance noting that it would fit in with the existing neighborhood
and future development"; and in the 1st line of para . 6, strike "Pauly"
and insert "Penzel"
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MOTION: Meyers moved , seconded by Penzel, to approve the minutes
of the Council Meeting field Tuesday, June 22 , 1976 as corrected and
published. Meyers , Penzel, Pauly and "Bye voted "aye" , Pierce "abstained" .
Motion carried.
III. PUBLIC HEARII\TGS
A . East/West Parkway Apartments , The Preserve, request to rezone approximately
9 acre site to RM 2 .5 for 129 rental apartments . The site is MTest of The
Preserve Center on the East/Vlrest Parkway.
C William Bale , 315 Peavey Building , legal counsel for The Preserve ,
spoke to his letter dated July 3 , 1976 requesting approval of the East/
West Parkway Apartments as a HUD 221-D-3 project, and answered
questions of Council members . (Letter dated July 3 , 1976 attached)
Ken Person , Minnegasco, also spoke in favor of the East/'West Parkway
Apartments.
City Planner Putnam outlined the Planning Commission's reasons for
recommending denial of this project.
Penzel questioned who the principals were in this project. Mr. Bale
replied that Benardi would be the buyer, Northland Mortgage would handle
the financing, The Preserve would be the seller, and the manager of the
project after it is build would be Landtech.
MOTION: Meyers moved, seconded by Penzel , to continue the public
hearing for the EastAlest Apartments to July_ 13 , 1976. and request a
report back from The Preserve as to the outcome of their discussions
with Windslope developers . 1wUOuri ucirried unanimously.
B. I. C . 51-291, Proposed bituminous paving on Birch Island Road from
_County Road 67 to 1/4 mile south thereof.
C. .
City Engineer Jullie spoke to Resolution No. 1152 noting that the total
cost of the project would be $11 , 80Q. 00 , which breaks down to $5 . 60
per assessable foot.
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:. I . C . `,1 201 , Pr po ,,:ed I-Atuniinaus pztving orn PLrc11 Island Road from
County Read 67 to I/4 mile south thereof, (continued)
° MOTION: Meyers moved , seconded by Paull, to close the Public Hearing y
and adopt Resolution No. 1152 , ordering improvements on Birch Island
Road, I. C . 51-291 , with a correction in the first paragraph, 2nd line ,
to read the "6th day of July, 1976" rather than the "5th day of July".
Motion carried unanimously.
IV.ORDINANCES & RESOLUTIONS lk
A. 2nd Reading of Ordinance No. 319 , rezoning from RM 6 . 5 to R1-13 .5 ,
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Edenva le llth , for approximately 22 lots on 6 acres , and final plat
approval .
City Manager 'Ulstad spoke to Ordinances No . 319 and recommended
approval of the 2nd reading. He further noted that the rezoning agreements
have been signed .
MOTION: .Pierce moved , seconded by Bye, to approve the 2nd reading
of Ordinance No. 319. Motion carried unanimously.
MOTION: Pierce moved, seconded by Bye, to adopt Resolution No. 1153,
approving final plat of Edenvale Ilth Addition. Motion carried unanimously.
B. 2nd Reading of Ordinance No. 315 , rezoning the Minnesota Protective
Life approximately 5 . 9 acre slte from existing zoning to Office District.
City Manager Ulstad spoke to Ordinance No. 315 and recommended approval
of the 2nd reading . Mr_ Ulstad called the Council's attention to the scale
model of the Minnesota Protective Life project.
Stan Koehler, 1151E Leona Road, appeared bef re the Coun il . and
questioned how the property Owners wouia ge assured ineir rights would
be protected as promised . Penzel assured him that clauses regarding
their concerns would be outlined in the developers agreement.
MOTION: Meyers moved , seconded by Pauly, to approve the 2nd reading
of Ordinance No. 315 and to approve the signing of the developers agreement M
based on the June 10 , 1976 brochure. Motion carried unanimously.
Mr. KoPhl Pr al sn as kPd if t.hPrP would hp romp Drotpcti on a s far as children
are concerned from the construction site . Don Sopoes, representing
the architects for the project, responded that typically on a construction
site there would be a construction fence , and perhaps it could be arranged
to have the fence that will be permanent construe-Led right away. He further
( stated he would talk to the contractor and make the necessary arrangements .
Meyers directed the City s Inspection Department to male sure there is some,
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secure fencing around the site before the heavy construction begins,
No. 317 , approving the: rezoning to C-Regional
Ser.-it: : f r 9 �.uto dealerships and public areas for Condon/Naegele
Realty_
City Manager Ulstad spoke to Ordinance No. 317, explaining that the
staff did some work on the original layout that was submitted by the
proponent. He further stated that the staff did review with the Planning
Commission and Parks, Recreation & Natural Resources Commission the
consideration of reduction of the 4 auto dealerships to 2 on the property
on the west, and the property nearest to the sewer easement be used
for something other than auto dealerships. Ulstad noted this was a
suggestion strictly by our staff and not a proposal by the proponents
themselves . However, the proponents are aware of what we are proposing.
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Don Brauer, consultant for Concion/?,,Taegele Realty, made himself
available for questions and displayed aQrevised grading plan to the Council
noting that the Planning Commission and Parks , Recreation & Natural '
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Resources Commission turned down the revised plan as well as the original `s
plan . '
City Manager Ulstad explained that the City is going to have to acquire
the land for the rights-of-way for the ramp and Schooner Boulevard and
that Condon/Naegele Realty nas tentatively agreed to sell the rights-of-way
for the value we presently have on the books in our Assessor's office at
approximately $14 , 000 to $15 , 000 an acre. This would include
about 5 to 5 1/2 acres . r
Bye questioned if we did not have any development, would we have to acquire t
the land from the same people. Ulstad responded in the affirmative .
Bye further questioned what the cost would be if we went to condemnation.
Ulstad responded in and around the vicinity you would find anywhere from
'$2 . 00 a square foot to $3 . 00 - $3 . 25 per square foot. At $3 . 00 a square
foot it would amount to approximately $125 , 000 an acre; at $2 . 00 a square
foot ti would be apprac imately $86 , 000 an acre
MrS. Claudia Bear-man, 9955 Valley View Road, spoke in opposition to the
Condon/Naegele proposal and presented petitions requesting denial.
(Petitions on file at City Hall)
Bob Hanson, 6932 Rosemary Road, appeared before the Council and
made the following three points: 1) Transportation is badly needed in the '
Major Center Area , 2) Environmental impact has been overplayed, and
3) Development is needed in the Major Center Area . ' He further noted that
we do have to have auto dealerships somewhere in the area , however, requested
that some time limit be put on development so it cannot sit around for a
number of years.
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C. 2 ,-j(I r:i, -ji lirm cf nrdin�incc: No. 317 , a�tirc�vtn a • � � s _'3___'
Service for 4 auto ricalerships and pui--:lic zjr D__,_.__�_!
Realty (continued)
Roy Terwilliger, Secretary of the Eden Prairie Chamber of Commerce,
spoke to the Chamber's position on the Major Center Area as outlined
in letter dated July 1, 1976 from Steven Zinnel , President of the Eden
Prairie Chamber of Commerce. (Letter attached)
Charlotte Enblom , 10610 Valley View Road, spoke in opposition to the
Condon/Naegele Realty proposal and stated that the proponents took a real
risk in investing in this property, having full knowledge: they would have a
difficult time utilizing this property.
Penzel stated he felt the alternative proposal * is more viable and far
more reasonable than the original proposal .
Tom Bartel, Eden Prairie News , questioned if the rezoning agreement would
come before the Council at a public meeting. Penzel answered in the
affirmative.
MOTION: Pierce -roved, seconded by Pauly, to adopt the 2nd Reading
of Ordinance No. 317 and that publication of the ordinance be withheld s
until the reflected chances be included in the rezoning agreement as put
forth in the letter from staff dated June 24 , 1976 . Further that Plan "B"
as presented be used in lieu of Plan "A" . Roll Call Vote: Pierce , Pauly, r
Bye and Penzel voted "aye" , Meyers voted "nay" . Motion carried.
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MOTION: Pierce moved, seconded by Pauly, that the rezoning agreement
be returned to the City Council no later than 30 days from this date. �
Motion carried unanimously.
D. Resolution No. 1157 , arantin approval. for Municipal Industrial Revenue
Bonds for Minnesota Protective Life.
Al Yoki , Secretary-Treasurer for Minnesota Protective Life, requested Council
approval of Resolution No. 1157
City Attorney Perbix explained that the Citv would have no obligation. Our sole
responsibility by statute is that of being landowner subject to a mortgage.
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MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1157,
grantinc7 approval for Municipal Industrial Revenue Bonds for Minnesota r
Protective Life. Motion carried unanimously.
V. PETITIONS , REQUESTS & COMMUNICATIONS
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11. C', , -iir-,.,? ion Ir(>_:_lcrry Carnes concerning purr'iare of land at nryant
City Manager Ulstad spoke to communication from James Olson, legal
counsel for Jerry Carnes , dated June 8, 1976 .
Pauly questioned what the advantage would be in having these additional
five acres since Bryant Lake Park is already a large park. Director
of Community Services Jessen replied the major advantage is that it would
buffer the adjoining property and would provide us to use the flat property
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for intensive recreation.
Pauly stated she could not see an additional five acres on the park as being
that necessary , and would rather see expensive homes built there . g
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MOTION: Pierce moved , seconded by Meyers , to receive and file the
communication from James Olson , legal; counsel for Jerry Carnes , dated
June 8 , 1976 . NMotion carried unanimously.
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VI. REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. _eLp -ts of Council Members
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Pauly reported on the Planning Commission held June 28, 1976.
Penzel suggested the Council members drive by OPUS II. s
B. Rer)c)rt of Citv Lea naoer
Ulstad explained that notices have been sent on the Crosstown Extension
Public Hearing to be held July 13 , 1976 .
Ulstad discussed the warning sirens in general.
C. Report of Director of Community Services
1 . 1977 LAWCON Grant Program
Director of Community Services Jessen spoke to his memo dated July 1,
1976 and answered questions of Council members .
MOTION: Meyers moved , seconded by Pierce, to adopt Resolution
No. 1167 approving the 1977 LAWCON Grant Application. Motion
carried unanimously.
2 . Proposed purchase of the Michael Zy1ka property at Staring Lake .
Director of Community Services Jessen spoke to his memos dated
June 24, 1976 and July 1, 1976.
MOTION: Meyers moved, seconded by Pierce, that staff proceed with
the purchase of the Michael Zylka property at Staring Lake as per Mr.
Jessen's memo dated June 24 , 1976 . Motion carried unanimously.
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C. Report of Directn., of --,,miriunity Services (continued) „
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3 . Specifications for the SlkewayMikeway on County Road A.
Director of Community Services lessen requested approval of the
specifications for the bikeway/hikeway as the specifications must be
into the Highway Department by the loth of July. when the specifications
are approved we can advertise for bids .
Mr. lessen further explained that .he is still trying to work out a
solution as to Mr'. Sutliff' s- concern as per the Council's request.
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MOTION: Pauly moved, seconded by Meyers, to approve the
specifications for the bikeway/hikeway. Motion carried unanimously.
D. Report of City Engineer
1 . Final plat approval for Red Rock Bills 2nd Addition.
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City Engineer Jullie spoke to Resolution No. 1154 and recommended
approval subject to his report dated June 30 , 1976. I
MOTION: Meyers moved, seconded by Bye , to approve Resolution
No. 1154 subject to City Engineer' s report. dated 6/30/76.
2 . Receive petition_ letter from Rauenhorst Corp. rE: :ardincr the OPUS II I
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City Engineer jullie spoke to the letter from Rauenhorst Corporation
dated June 7 , 1976 .
MOTION: Meyers moved, seconded by Bye, to grant a one-year
extension to August, 1977 for PUD 74-06. Motion carried unanimously.
MOTION: Meyers moved, seconded by Bye , to direct staff to investigate
the establishment of a joint Powers Agreement with the City of Minnetonka
to extend utilities through Minnetonka into Eden Prairie for Opus II . Motion
carried unanimously.
3. Resolution vacating temporary construction easement described under
easement -11_(9230) 13 , I. C . 51-261 .
City Engineer jullie spoke to Resolution No . 1155 and recommended
approval of same .
MOTION: Bye moved, seconded by Pauly, to adopt Resolution No.
1155 , vacating temporary easement on Gelco Property, I. C. 51-261 .
Motion carried unanimously_
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4 . Receive petition for sewer and water service connection at 1520
Scenic Heights Road .
City Engineer Jullie spoke to Resolution No. 1156 and his memo
dated July 1, 1976 recommending approval of same.
MOTION: Pierce moved, seconded by Pauly, to adopt Resolution
No. 1156 , receiving 100% petition waiving the Public Hearing,
ordering the installation of utility services for 15209 Scenic Heights
Road , Project MIS 76-9-05. Motion carried unanimously.
S . Status report: Ray Welter, Jr. , for a permit pursuant to the floodplain
ordinance.
City Manager Ulstad spoke to the r%quest by Ray Welter, Jr.
explaining that the City would issue Mr. Werter a building'permit based
on the staff report dated July 2, 1976 and Mr-. Welter's letter. "
E. Report of finance Director
1 . Steelman House Bid .
City Manager Ulstad requested the Council change the bid date for the
Steelman House from July 6th to July 13, 1976.
MOTION: Meyers moved, seconded by Bye, to extend the bid
considerations from July 6 , 1976 to July 13 , 1976 on the Steelman House .
Motion carried unanimously.
2 . Clerk's License List
MOTION: Bye moved , seconded by Pierce, to approve the Clerk's License
List dated July 6 , 1976 . Motion carried unanimously.
�. NL"VV BUSINESS
None
VIII. APO
URNMENT
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MOTION: Pierce moved , seconded by Bye, to adjourn the meeting at 11:09 PM. i
Motion carried unanimously.
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