City Council - 12/07/1976 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL-
TUESDAY, DECE11BER 7, 1976 7 :30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Tim Pierce
Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Hart an Perbi x
- Director of Co.-nmunity Services Marty Jessrrn
Planning Director Dick Putnam
Finance Director John Frane
Recprdi ng Secretary Joyce Provo
INVOCATION: City Attorney Harlan Perbix
FLEDGE CF ALLEGIANCE
ROLL CALL: All mpnbers present.
1 . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the Ao_enda under the "New
Business" category:
_ A. Discussion on Sign Ordinance draft.
B. Green Acres Law.
C. Wiridslope Proposal
D. Public_ Heari nas relative to the Community Development Block
Grants .------- - — -
MOT I011: Meyers moved, seMnded by Pierce, to approve the agenda as amended
and published. Motion carried unanimously.
I i . PRESEh;TATION OF STATE' S CONTRIBUTION FOR CIVIL DEFENSE SIRENS GIVEN BY
ST/�T E RcPRESEN7ATIVE JOUGLAS EIWALD '
State Representative Douglas Ewald presented a check to the City of Eden
Prairie from the Minnesota Department of Public Safety in the amount of
$3,300. 00 to be used for Civil Defense Sirens.
III . MINUTES OF THE COUNCIL MEETING HELD TUESDAY, NOVEMBER 9, 1976.
Minutes of the Council Meeting held Tuesday, November 9, 1976, were
continued to the December 14, 1976 Council meeting.
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I V PUBL I C }iEAR I i'GS
A. Opus II , Rauenhorst Corporation, request for rezoning approval of approximately
5 acres from Rural to Office. The site is located in the northwest quadrant
of CSAH 62 and Co. Rd. 18.
Robert Worthington, Director - Planning & Governmental Affairs for
Rauenhorst Corporation , spoke to the proposal and described the
bui 1 di*lg plans which will be occupied by the American Family Insurance
Company within the southerly portion of the Opus II project.
Planning Director Putnam outlined the recommendations in the Staff
Report dated November 15, 1976, and in the Minutes of the Planning
Commission held November 22, 1976. I
City Engineer Ju l l i e explained that he has met with Rauenhorst and the
Minnetonka staff and has worked out th details for a Joint Agreement r
for sewer and water installation and street construction, and will
submit same to the Council at a future Council meeting.
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Meyers questions if the agreement includes police and fire. Jullie
.stated Jrt would not, and that police and fire would have to be included
in , a separate agreement to be worked out later.
' MOTION: Bye moved, seconded by Pierce, to close the Public Hearing
and give a 1st Reading to Ordinance No. 353, approving the request for
rezoning for Rauenhorst Corporation, Opus II , Phase 1 , of approximately 5
acres from Rural to Office, and direct staff to draft a rezoning
agreement incorporating the recommendations of the Planning Commission
from their meeting held November 22, and the Staff Report dated
November 15, 1976. Further that a revised grading plan and Joint
Agreement with Minnetonka be completed before the 2nd Reading. Motion
carried unanimously.-
City Manager Ulstad explained that Rauenhorst is . interested in doing
some rough grading and asked the Council consider giving permission
to this request. Council agreed to this request, however, Meyers
asked that staff review the alternative grading plans before the rough grading
begins.
B. Condon/Naeq ele Office Building,_ request for rezoning from Rural to
Office District ^for a roximately 3 acres. The site is located in the
southeast corner of Co. Rd. 60 and I-494 entrance ramp.
Bye requested that in the future staff together with the proponent supply
the Council with i nforna tion as to the tax .revenue each proposal will provide.
Tim Geisler, Design Consortium - Project Architect, outlined the proposal
and answered questions of Council members.
Planning Director Putnam spoke to the Staff Report dated November 2, 1976,
and the Planning Commission minutes dated November 8, 1976.
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B. Condon/Naegele Office Building (continued)
Meyers questioned if the proponent had a definite time schedule. Mr.
Geisler stated they would probably start construction in about three
to four months.
Meyers questioned if the driveway entrance is adequate. Jullie
responded that it would meet the preliminary layouts the City has
received from the Minnesota Highway Department.
Charles Tebelius , 7174 Topview Road, expressed his concern about traffic ti
on County Road 60.
MOTION: Bye moved, seconded by Pauly, to close the Public Nearing
and give a 1st Reading to Ordinance No. 3:.5, approving the request for
rezoning the Cor*.don/Naegele Office Building from Rural to Office
District for approximately 3 acres, and direct staff to draft a rezoning
agreement incorporating the recommendations of the Planning Commission
from their meeting held November 8, 1976. Motion carried un'animorusly.
C. Area "e of The Preserve Commercial Plan, request for approval of
development standards, rezon i nq from Rural to C-Regional Service and
preliminary plat approval . The site is located in the northeast quadrant
of Schooner Boulevard and US 169/212 intersection.
C Don Hess , The Preserve, outlined the proposal and answered questions
of Council members.
City Planner Putnam spoke to the Staff Report dated November 2,
the Planning Commission minutes dated November 8, 1976, and the
Design Framework Manual .
Meyers stated she had some questions on the Design Framework Manual
and thought the Council should receive a legal opinion on such a document
before the Council proceeds to take any action.
Claudia 6earman , 9955 Valley View, questioned if the project can be
stopped in case of negligence on the part of the proponent, Penzel
responded the Building Department will review the permits and if
negligence exists they could stop from issuing building permits based
on non-compliance-
Bye explained that he thought a 1 s* Reading to Ordinance No. 357 would
be in order, and that the addendum of the Design Framework Manual be deleted
until a legal opinion is obtained. He further stated then if the Council r
decides in the affirmative, the Design Framework Manual could be
incorporated at a later time.
MOTION: Meyers moved, seconded by Pauly, to continue the Public Hearing on
Area "G" of The Preserve Commercial Plan until the December 14th Council
meeting , to allow suggestions and changes on the Design Framework Manual
by the Planning Staff, Planning Commission and Council . Further that a legal
opinion be given by our City Attorney as to the legality of such a document.
;Zeyers , Pauly and Penzel voted "aye", Pierce and Bye voted "nay". Motion carried
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C. Area "G" of The Preserve Commercial Plan (continued)
Planning Director Putnam was requested to receive the changes and
bring back a revised copy of _the Design Framework Manual by the
December 14th Council meeting-
D. John Suback On-Sale Liquor License
The proponents, Gordon Koehnen and John Suback, showed diagrams of
their proposed building and location of same.
Meyers pointed out that the original . license approval was contingent
upon several things , one was that there be a letter on file between
the adjacent property owner and the proponents to share parking
facilities.
MOTION: Bye moved, seconded by Pierce ,, to .direct staff to draft a
resolution granting a conditional on-sale liquor license to John "
Suback and Gordon Koehnen and that staff review the egress and ingress
from Martin Drive and Mitchell Road. In addition, the proponent is to
provide evidence of easement for parking purposes on Lot 1 , Block 4,
of Edenvale Industrial Park. Pierce, Bye, Penzel and Pauly voted "aye",
Meyers 4ted "nay". Motion carried.
E. Stewart Highlands, Stewart Properties, request to preliminary plat
to re lat and rezone Topvi ew Acres 1st Addition from Rural to
RM 6. 5 for single family and/or double bungalow dwellings .
Mr. Bill Stewart introduced Bailey Seida, consultant for his project.
Mr. Seida, in turn, outlined the proposal and answered questions of
Council members . He further requested that if favorable action is given
to the proposal , that the Council take steps to initiate street vacation
to eliminate the existing platted street which is Earl Drive.
Planning Director Putnam spoke to the Planning Commission minutes dated
November 8 and the Staff Report dated November 4, 1976.
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tilal ter S. Carpenter, t•linnesota Tree, Inc . , referred to his letter dated
October 25 and discussed same with Council members. (Letter attached
as part of minutes)
City Engineer Jullie spoke to his memo dated December 3 regarding Mr.
Stewa rt' s request to be deleted from the MCA Assessment Area in the future,
explaining that Mr. Stewart would be willing to pay the presently existing k
assessments.
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing and
give a 1st Reading to Ordinance No. 354 , approving the request for
Stewart Properties to rezone Topvi ew Acres 1st Addition from Rural to RM 6. 5
for single family and/or double bungalow dwellings . Motion carried
unanimously.
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E. Stew .rt Highlands , Stewart Properties (continued)
MOTION: Meyers moved, seconded by Pauly
, to direct staff to develop
a rezoning agreement including recommendations in Planning Commission
minutes dated November 8, 1976, and also including a copy of the "Possible
Local Street Network",and suggest that before the 2nd Reading of Ordinance
No. 354 that our City Engineer discuss with the County Highway Department
the need for a right turn lane on Kilt Way and County Road 60, or if
two turn lanes should be required.
MOTION TO AMEND: Bye moved , seconded by Penzel , to amend the previous
motion by excluding the land from future MCA ,assessments. Bye, Pauly,
Pierce and Meyers voted "aye" , Penzel voted "nay" . Motion carried.
MOTION' AS AMENDED: Pauly moved , seconded by Pierce, to aoorove the
motion as amended. Bye, Pauly , Pierce .and Meyers voted "aye", Penzel
voted "nay" . Motion carried.
MOTION:+ Pauly moved, seconded by Pierce, to adopt Resolution No. 1216,
approving the preliminary plat of Stewart Highlands and to modify street
> names as deemed desirable. Motion carried unanimously.
MOTIOI': fleyers moved, seconded by Pauly, to direct staff to initiate
the proper procedures for vacating Earl Drive. Motion carried unanimously.
F. Sanitary Sewer and Watermain_ Improvements on Heritage Road, I.C. 51-290.
City Engineer Jul l ie -outl i ned the proposed sanitary sewer and watermai n
improvement and recommended approval of same. A petition was distributed
to the Council members signed by residents of Park Circle in favor of this
improvement.
Mr. James Hoag, 7660 Heritage Road, stated he could not understand why
this improvement has been petitioned as there has been no need at this
point for this improvement nor has there been any in the past.
Donna Boller, 7690 Heritage, stated that no one contacted the party residing
at 7640 Heritage Road as they did not even know they had a problem.
City Engineer- Jullie explained there was a request made of the Health
Department to come out and check some effluent in the area and the City .
received a copy of the test report. The City did not initiate the request
for the report. He further stated that after our Inspector checked the area,
he could not pinpoint the problem to be specifically at 7640 Heritage Road.
Pauly expressed her concern that it is basically tha developer who wants to
develop the lots and in the course of doing so,wants to bring in an expensive
unwanted sewer project on citizens already there. Pauly further stated
she had tal ked to Mr. Miller of the Minnesota Pollution Control Agency arnrt
asked if the tests warranted bringing in a sewer project and Mr. fii Iler' s reply
was definitely not,
F. Sanitary Sewer and Watenuain Improvements on Heritage Road, I. C. 51-290.
7c6nti nued
MOTION: Bye moved, seconded by Pierce, to continue the Public Hearing for
Sanitary Sewer and Watermain Improvements on Heritage Road, I. C. 51-290
until January 11 , 1976 when clarification should be received from `v
Mr. R. D. Miller of the Minnesota Pollution Control Agency verifying '
sanitary sewage may or may not exist in the area. Motion carried
unanimously.
G. East/West Apartments , The Preserve, request for rezoning from
Rural to RM 2 . 5 on 8.98 acres for 129 rental apartment units. The s i to
is located west of The Preserve Center. f.
Don Hess, The Preserve, spoke to the proposal and answered questions
of Council members . Doug Moe, Architect for the project, presented
a model of the proposed plan.
Robert Carlson, 9061 Neill Lake Road, Tom Bach, 9015 Neill bake Road,
and John Bergan, 8705 Bentwood Drive, spoke in opposition to the East/West
Apartmen s being back on the Council agenda as there have been no
tubstanflal changes to the proposal . Mr. Bergan specifically noted that
the Metropolitan Council has stated Eden Prairie is not high on the priority
list to have more subsidized units and also questioned why The Preserve
has to have all the subsidized mousing in Eden Prairie.
MOTION: Pauly moved , seconded by Penzel , to deny the request of The
Preserve for the East/West Apartments to rezone from Rural to RM 2.5
the 8. 98 acres for 129 rental apartment units as this would put two
enormous subsidized units across the street from each other. Pauly and
Penzel voted "aye" , Bye,t•leyers and Pierce voted "nay". Motion failed.
MOTION: Pierce moved to approve the request from The Preserve for the
East/West Apartments to rezone from Rural to RM 2. 5 the 8.98 acres
for 129 rental apartment units . Motion died for lack of a second.
MOTION: Meyers moved, seconded by Bye, to continue the Public Hearing '
on The Preserve's East/West Apartments to the December 14th Council meeting
as the Council does not fully understand the figures that have been
presented by The Preserve and would like further checking and clarification
by our own staff. Meyers , Bye, Pierce and Penzel voted "aye" , Pauly voted
"nay" . Motion carried.
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MOTION: Pierce moved, seconded by Meyers , to continue past the 11 :00 PM scheduled
adjournment time. Motion carried unanimnsasly.
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V. O,:DI1NANCES G RESOLUTIONS
A. 2nd Reading of Ordinance No. 352, repealing Ordinance No. 158, which
is the Ordinance licensing and _regulating the sale of intoxicating
liquor by certain clubs within the Village of Eden Prairie.
MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading
of Ordinance No. 352, repealing Ordinance No. 158. Motion carried
unanimously.
B. 2nd Reading of Ordinance No. 343, Creekwood double bungalow and single
family detached, Hustad Development Corporation, rezoning from rural
to RM 6. 5 and rezoning agreement.
M,OTION: Pierce moved, seconded by Meyers, to continue the 2nd Reading
of Ordinance No. 343 to the December 14, 1976 Council meeting.
!Motion carried unanimously.
C. Resolution No. 1219, establishing precinct boundaries for the City
of Eden Prairie.
FinanceAbirector Frane spoke to Resolution No. 1219, and the map previously
distributed to Council members which consisted of seven precincts.
Frane presented an alternate proposal to the Council consisting of
six precincts .
Fred Baumann , 10805 Valley View Road, requested that this item
be continued until Mir. Frane has talked to precinct leaders.
Pauly recommended five precincts rather than the orginal seven.
MOTION: Meyers moved, seconded by Bye, to adopt modified Resolution
No. 1219 consisting of six precincts -as outlined on map dated 12/7/76.
Meyers, Eye, Pierce and Penzel voted "aye", Pauly voted "nay". Motion
carried.
D. Resolution No. 1218, Municipal Industrial Development Bonds for -
Physical Electronics.
Roland E. Weber, President, Physical Electronics Industries, Inc. ,
appeared before the Council and requested favorable action on
Resolution No. 1218.
MOTION: t;eyers moved, seconded by Bye, to adopt Resolution No. 1218,
Municipal Industrial Development bonds for Physical Electronics. Motion
carried unanimously.
VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members .
No Reports by Council members .
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B. Report of City Mana er
1. Suburban Public Health Nursing Service
Continued to the December 14, 1976 Council meeting.
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C. Report of Director of Community Services
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1. Kucher/Deaver Properties
MOTION: Pierce moved, seconded by Meyers , to direct the City
Attorney to draft a legal opinion on whether or not the City
can purchase land with the intention of turning around and r
selling same. Motion carried unanimously.
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Continued to the December 14-, 1976 Gounci 1 meeti no.
2. Metropolitan Parks and Open Space Five-Year Capital Improvement
Program
Continued to the December 14, 1976 Council meeting.
D. Report of City Engineer
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1. T.H. 169_ right-of-way agr?ement with C . Anderson, J. Schwartz, a
! and the City of Eden Prairie. M
\ MOTION: Pauly moved , seconded by Meyers , to approve the
T. H. 169 right-of-way agreement with Cal Anderson and
Jesse Schwartz and authorize Mayor to execute same. Motion
carried unanimously. h
E. Resort of Finance Director
1. Payment of Claims _Nos. 2937 - 2980.
MOTION: Meyers moved, seconded by Bye , to approve the Payment
of Claims Nos . 2937 - 2980. Roll Call : Meyers, Bye, Pauly, Pierce
and Penzel voted "aye". Motion carried unanimously.
2. Clerk's License List
MOTION: Bye moved, seconded by Meyers , to approve the Clerk's
License List dated December 7, 1976, amending communication attached
from Genghis Khan of Sapporo, dated November 29, 1976, in the 4th para. ,
last line, strike "Suirmer 1977" and insert "August 1 , 1977". Motion
carried unanimously.
Greg Gustafson, Attorney for Genghis Khan of Sapporo, stated he
thought this was a reasonable request.
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V I I . NEW BUSINESS
tA. Discussion on Sign Ordinance draft.
Conti nued to December 14, 1976 Council meeting .
B. Green Acres Law.
Continued to December 14, 1976 Council meeting.
C. Windslope Proposal .
Planning Director Putnam brought the Council up-to-date on the
Wi ndslope proposal , i .e. , parking area , plantings , and children s
play space.
D. Public Hearings relative to the Community Development Block Grants
MOTION: Meyers moved, seconded by Pierce, to set January 4, 1977
and January 11 , 1976 as the Public Hearing dates for the Community
Development Block Grants. Motion carried unanimously.
V I I I. ADJOURNMENT
MOTIU14: Bye moved, seconded by Meyers, to adjourn the Council meeting
at 12 :40 AM_ Motion carried unanimously.
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