City Council - 03/12/1974 " NIINUTES
EDEH PRAIKIE CITY COUNCIL
Tuesday, 4;arch 12 , 1974 7 :30 P . ii. City Nall
Council !;embers : Nayor David Osterhoi t , Joan 'leyers , John McCulloch
Sidney Pauly , !-'olfgang Penzel
Council Staff : City Manager P.obart P . Heinrich , Clerk John Frane
City Attorney Harlan Perbix
Invocation was offered by Dr. Gary D. Peterson , pastor of Immanuel r
Lutheran Church .
I . HIHUTES OF REGULAR NEETIMG HELD FEERUARY 25 , 1974 .
a;
Page 2 , paragraph 6 , sentences one and two should read : In Village
!foods the Staff requested on-site house style location to insure
variety of homes to eliminate a tract development said Mrs .
Meyers. In Summerwoods I there appears to be an adequate job of
mixing Styles but perhaps on-site location should be requested in
Summerwoods II .
A motion was made by sir . Penzel seconded by Firs . Meyers to accept
tha corrected minutes of the regular meeting of the City Council
held February 25 , 1974 . 'motion carried unanimously.
II .PUELIC HEARINGS :
A. Mr . John Suback application for rezo�nin.1 from I-2 Park to Com-
munity Commercial -Com for the 2 .2 acre site located on Lot 1 ,
Block 3 , Outlot C, Edenvale Industrial Park ( southwest corner of
1-i'artin Drive and ititchell/Baker Road) .
Mr. James Gillespie , attorney for Eden Land , addressed the
Council saying that interpretation is needed in all the cate-
gories of the zoning ordinance . One of the purposes of indus-
trial zoning , he said , was to attract high quality industrial
uses . The proposed restaurant would help to attract those uses.
It was Ed--n Land ' s contention that if the Council wished to re-
strict just to industrial uses , Item ( b) dealing with related or
supporting office and minor commercial uses is not needed . Eden
Land is not requesting a special use but is requesting that a
restaurant be included as a complimentary use .
A motion was made by Firs . Pauly seconded by Mr . McCulloch to
close the public hearing ; to deny the request for rezoning from
I -2 Park to Community Commercial C-Com ; and approve For. Suback ' s
proposal for a restaurant under the present Ordinance 135
specifically in accordance with Subd . 1 . 2 Section D and Subdivi -
sion 3 . 2 Sections 3 and C . Notion carried viith Mrs . Pauly and
nessrs . "CCUlloch and Osterholt voting aye ; Mrs . Meyers and Mr .
Penzel voting nay.
Prior to voting Council members expressed their feelings . fir.
Penzel felt that by taking this kind of action the Council would
be establishinC an undesirable precedent which would make it dif-
ficult to enforce Ordinance 135 when similar requestes are made.
~ Council i;eeting -2- March 12 , 1974 s
II . A . fir . John Suback rezoning application ( Continued)
firs . i,eyers , referri no to Subd . 8 . 2 8 , stated that she did not
feel that the restaurant/liquor establishment as proposed fits
the qualifications of a minor commercial use but rather would be
a major commercial use .
f.ir . i;cCulloch said he couldn ' t see where in the ordinance it
says a restuarant is not a permitted use .
That the location of the site has a great bearing and that the
building proposed would enhance that location was .itlayor Oster-
hoit ' s opinion .
B . For the purpose of considering an application for an On-Sale
iquor License by ilr . John Suback for a restaurant to be located
on the southwest corner of flartin Drive and Mitchell /Baker Road .
fir. Heinrich reported that the investigation had been completed
by the Public Safety Department and that information regarding
questions three and four of the application had been received .
Letters conti nni ng a i-A l l ingness to accommodate loan requests
from the Richfield Cank and Trust and the First National Bank of
Shakopee t-jere presented. The Public Safety Department requested
that a list of private interests be submitted to Nr. Keith Wall , �
the investigating officer.
Jr. Peruix suggested that if and when a motion was made to grant
the liquor license , incorporated in that motion should be the
things the City expects of 6r . Suback--design plans , parking
facilities , number of seats , etc .
A motion was :Made by flr. Penzel seconded by Mrs . .-leyers closing
the public hearing and continuing the consideration of an On-
Sale Liquor license application by fir . John Suback until the
;arci� 2G meeting , (lotion carried unanimously.
1.hen iir . Suback mentioned the possibility of incorporating with
two other gentlemen , he was informed that additional fees Would
have to be paid and investigations made . If such incorporation
would take place prior to the public hearing on Narch 26 , the
investigations would probably not be completed and action on the
application delayed .
C. Lake Eden Heights , single family lat of 192 lots located in the
Ede nvall youthPUD locatedeast o and west of The
Preserve . ;request rezoning to R1 -13 . 5 with lot size less than
the 13 ,500 sq . foot minimum and variance for set-back require-
ments .
11r. Putnam familiarized the Council with the site after which
i1rs . cleyers elaborated on the side yard set back recommendations
made by the planner and Planning Commission . It was iors . Meyers'
recommendation that the lot lines on lots 4-9 be moved to the
NSP easement . :ir . Putnam felt this could be accomplished prior
to approval of the final plat .
w Council ►teeting -3- (larch 12 , 1974
II . C . Lake Eden Heiphts Public Hearing ( Continued )
A motion was nacre b f .it . Penzel seconded by ilrs . Heyers to
approve the first re wing of Ordinance i;o . 253 which approves
the rezoni nq of 73 . S acres from PUG-74-01 to Ki -13 . 5 with site
variances subject to the completion of an agreenent between the
developer and Cite prior to the second reading . Motion carried
with 'mes ieyers and Pauly and iiessrs . Osterholt and Penzel
voting aye ; :ir . ilcCui loch voting nay .
A motion was made by ;it . Penzel seconded by i-1rs . Neyers adopt-
ing Resolution P'o . 326 approving the preliminary plat for 192
single family ots su ject to the inclusion of the recommenda-
tions in the Staff Planning report of F9arch 1 , 1974 ; the amend-
ment to the !larch 1 report authored by fir . Putnam dated !.arch
12 , 1974 ; and the Engineering report recommendations of March 4 , a
1974 . ',:otion carried with !ir,ies Neyers and Pauly and ieessrs .
Osterholt and Penzel voting aye ; fir. McCulloch voting nay. 3
III . PETITIOHS , REQUESTS AOD COiiiiUNICATIGNS :
A. Discussion of Bicentennial Communities Proaram.
Those members representating community organizations were
recognized . 11hen asked ghat kinds of prograns could be imple-
mented by this committee , Nrs . Niddleton stated that she carve
to the mee_tina for additional information and could not make a
recommendation .
Jr . Jessen suggested the implementation of the Comprehensive
Guide Plan in regard to the Hinnesota River bottom and bluffs
designated as open space in conjunction with the Historical
Society which could explore the historical significance of the
area .
Piayor Osterholt suggested that under the horizons section of
the program , an implementation of a trails system could be con-
sidered .
At the suggestion of Nayor Osterholt , a motion was made by Or.
Penzel seconded by :1rs . Pauly to appoint Paul Redpath as chair-
man of the Bicentennial Planning Coordinating Committee. notion
carried unanimously .
C . Request of PiTS Systems Corporation to issue Industrial Develop-
ment !revenue Sonds in the amount of $3 .555 ,5oo.
Nr. Heinrich reviewed his starch 7 , 1974 , memo regarding the ONTS
Systems request . ,iessrs . Dale Uhitconb and George Butzow of
:iTS presented the scheme prepared for addition location and
road access location .
Aired were the concerns of possible conflict of the accesses
with the 21Z corridor and of the fact that about one quarter of
the bond issue would be used for equipment acquisition . Manager
Heinrich explained that the Council were expressing moral con-
cerns and that the City is not financially or legally responsi -
ble if ;ITS should fail .
• Council, iieeting -'1- flarch 12 , 1974
III . a . 11TS ' Request for IDR Bonds ( Continued )
A motion was made by ;Jr. Penzel seconded by 11r . NcCulloch to
adopt Resolution ;!o . 025 giving preliminary approval to a
project under the Municipal Industrial Development Act, refer-
ring the proposal to the Department of Economic Development for
approval , authorizing preparation of necessary documents and
expenditures in anticipation of the issuance of the bonds . On
roll call , motion carried unanimously .
C . Letter dated 2/28/74 from Riley-Pur2atory Creek Watershed
District re ub is eari �� on 3 of Rules and Regulations
or the llatershed District .
A :notion was made by rfr .. I-Ic Cu l l och seconded by Mir . Penzel to
direct the City Manager to represent the City at the hearing on
the proposed rules and regulations and to present the amendments
to the regulations per lir . Jullie ' s comments of March 6 , 1974 . i
;lotion carried unanimously .
ti
D . Letter dated 2/22/74 -from Metro (Machine u Engineering Corpora-
t� on concerning the Volunteer Fire Department.
A motion was made by Fir . Penzel seconded by Mrs . Heyers to re- 1
ceive and file the Pietro Hachine & Engineering letter of
February 22 and to forward to the fire department a copy of the
letter . Motion carried unanimously.
E . Letter dated 2/20/74 fro.. Eden Prairie Schools .
Mr. Heinrich reported that discussion will be held on the ex-
tension of the Crosstown from Shady Oak to 494 at the Hennepin
County Highway Department office at 1 :30 on :larch 13, 1974 .
A motion was made by Mr . Penzel seconded by Mr. PicCulloch to
receive and file the E. P . Schools ' letter and to instruct the
Staff to make every effort to convince the County to make
access not at on-grade . iiotion carried unanimously.
It was requested that the February 28 letter be forwarded to
the County Highway Department .
IV. RESOLUTIONS AND ORDINANCES :
A. Resolution No . 823 , Grievance Policy and Appeals .
A motion was made by i,irs . Iieyers seconded by Mr. i.1cCulloch to
approve Resolution Ho . 323 . I'sotion carried unanimously .
Mr . Penzel stated that this policy is in no way intended to
subvert. the normal organizational structure which now exists in
the City Hall . Every effort should be made that this procedure
is follolued and that an approach to the Council is a "last
resort" action .
• Council tfeetinn -5 - !larch 12 , 1974
IV . RESOLUTIO[IS /U-19 ORLD1V'`:t!CES ( Continued )
B . Resolution No . Z-3,24 , amending Joint Povers Agreement for South
Hennepin Hunan Services Council and to authorize the entering
into Contracts to provide services .
Councilman Penzel reported that services viere provided Oarch 1
and have been used heavily .
A motion was made by fir. Penzel seconded by HIrs . Meyers approv-
ing Resolution No . 324 . (Motion carried unanimously.
C . Second Reading Ordinance No . 236 , approving Village !foods is t
Addition .
4
A motion was made by iilr. Penzel seconded by Mr. f:cCulloch to
defer action on the second reading of Ordinance Flo . 236 until
i;arch 26. Oot.ion carried unanimously .
D. Resolution i!o . 820 , approvinn Village Moods 1st Addition Final
Plat .
A motion was made by for. Penzel seconded by firs . Pauly to defer
action on the approval or denial of Resolution No . 320 until
►larch 26 . notion carried unanimously.
E . Second Readi n , Ordinance No . 241 , flas-ters Condominiums by '.!ei s
R'ulldors in enva e.
Hr . Perbix reported that a developer/City agreement had not been
drawn as there were no planning recommendations made for the
two three-story concept. Wr . Putnam stated that approval was
made on a hastily drawn scheme for two crossed-shaped structures .
Another set of plans for that site proposing crescent shaped
buildings have been received .
A motion was made by fir. Penzel seconded by firs . Meyers to defer
action on the approval or denial of the second reading of Ordi -
nance No. 241 until Plarch 26 ; to direct the staff to respond to
the Weis proposal and submit reco.-nmendations to the Council for
consideration ; and to include the recommendations of the staff
in the developer/City agreement . notion carried unanimously.
F. Second Reading , Ordinance No . 242 , rezoning from I-5 Park to
ffice for the Ge co Corporation .
A motion was made by 11r . Penzel seconded by fir. l4cCulloch to
approve the second reading of Ordinance Ro . 242 . !lotion carried
unanimously.
G . Second Readinq . Ordinance No . 249 , forbidding certain acts of
disorderly conduct .
A motion was made by i-irs . ;leyers seconded by fir . Penzel approv-
ing the second reading of Ordinance Mo . 249 . notion carried
unanimously.
• Council i;eeting -6- [larch 12 , 1:974
V . REPORTS OF OFFICERS , BOARDS AND COI-IJISSIOMS :
A. Reports of City Engineer :
1 . Receive feasibility report for Sanitary Sevier , tlatermain and
Street Improvements on [Test 73th Street between T .H . 169 and
County Road 13 .
lir . Jullie described the project as set forth in the feasi -
bility report dated March 12 , 1974 . Explained were the
project cost estimates and calculation of assessment rates .
Pir. Jullie sought direction from the Council as to whether
to increase the assessment district to include the Leona
addition .
a
fir . Lee Johnson of The Preserve felt that the Leona area
should be included in the district as lateral benefit will
be received and that the 50 foot park dedication area around 3
the lakes should be excluded fron assessment .
A notion was made by iir . Penzel seconded by Mrs . i•ieyers to
adopt Resolution No . 327 receiving the feasibility report for y
Projects SA."I 74-1-03 , UTR 74-G-03 , and STR 74-3-03, utility
and street inprovements along blest 78th Street between T. H .
169 and County Road 13 ; and to direct the Staff to publish
notice of public hearing for March 26 including the area on
Leona up to 494 . [lotion carried unanimously.
2 . Discussion of !ater _pressure problem in St . John ' s Nood
Pro ect. I
iir . Jullie discussed his March G , 1974, memo Oth the Council
and stated he had met with the developer who worked on the
problem over the weekend . The developer has proposed an
alternate solution of modification to the plumbing. He sug-
gested that the City give the developer an opportunity to
change the plumbing and the residents a chance to try it out.
A motion was made by i;r . Penzel seconded by 1-ir . UcCulloch
directing Nr . Jullie to observe the improvements made by the
developer , D . H. Gustafson Z Assoc . , and to report back at
the April 23 meeting . vlotion carried unanimously.
3 . Discussion of proposzd assessment rates for Scenic Heights
area public im2rovement .
f1r. Jullie reviewed t[Ne assessment rates comparing the Scenic
Heights subdivisions with the Village floods subdivision . Ex-
plained was the request of Jervell Halmrast for an amendment
to the proposed assessment and the subsequent recommendation .
stated in fir . Jullie ' s memo of Marcti 7 , 1974 .
f.ir . Gerald Hauser , 3226 Sheridan Lane , objected to the extent
of the project district as not all the affected residents pe-
titioned the project .
Council iieeting -7- Narch 12 ,1974
V . A . Reports of Ci t.y Enc, i neer ( Continued)
3 . Scenic Heict,its assessment rates ( Continued )
: 'ayor Osterholt requested that figures be presented on a REC
basis rather than footage basis for the sub-trunk cost
assesses: on the Zachnan property .
4 . Discussion of the Preserve ' s land use request on Eden Lake .
Elaborated was the iiarch 3 , 1974 , staff report by Mr. Putnam.
fir . Johnson reviewed the history of the project and explain-
ed the development agreement contained in The Preserve ' s
March 1 letter . The Preserve wishes to develop land adjacent
to Eden Lake and submitted a road pattern scheme dividing the
property into usable chunks . This plan was rejected by the
Staff as it was not consistent with the MCA plan which
designates the area as open space .
A motion was made by Fir . McCulloch seconded by Nr. Penzel to
continue consideration of The Preserve ' s request for land
use on Eden Lake until larcii 26 to allow the Council to look
at the site and obtain Staff and developer input. notion
carried unanimously.
N motion was made by Hr. Penzel seconded by airs . Meyers re-
questing the Staff to proceed with the action on the vacation
is of the County ditches on the good faith of the developer
having signed the necessary documents and the good faith that
the Council will be taking action in a fair and equitable
manner. Notion carried unanimously.
B . Reports of Ha vor :
1 . Review of 1974 Compensation Plan.
Mrs. Meyers chaired the meeting during the discussion of this
item.
hayor Osterholt read a statement presenting facts and figures
to the Council and public . Among them an increase of 260%
in assessed valuations between 1969 and 1973 ; an increase of
260% in terms of budget and revenues between 1969 and 1973 ;
and an increase of 360% in terms of number of employees be-
tv,,een 1969 and 1973 ; an increase fron $153,000 to $ 525 ,000
in the personnel services budget between 1970 and 1974 .
iiayor Osterholt felt the Council had the right and obligation
to the community and employees to revievi the compensation
plan , with the purpose of making the Council more aware of
the real cost , the staff aware of the Council 's interest and
cone rn, and the public aware that the Council recognizes the
rapid rise in staff investment in services to the community.
By establishing a new philosophy , new policies could be made
and implemented , resulting in the development of new proce-
dures .
• Council fleeting -8- iiarch 12 , 1974 '
V . B . Reports of i:ayor (Continued)
1 . 1974 Compensation Plan (Continued)
I to. as the P;ayor ` s feeling that salaries should not be ad-
justed at this time and Mayor Osterholt commented that the
Staff is doing a better than average job.
A notion was made 5y Mayor Osterholt seconded by Mr . Penzel
confirming the salary levels established for 1974 . iloti on
carried unanimously . r
Mr . Penzel stated that new policies were not being established
by this proceeding , that ample publication had taken place , and
that statistics could sometimes present a distorted picture . For .
instance , considered along with the increase in personnel ser-
vices should be the increase in development--$3 , 500,000 in 1969*
and $25 ,000 ,000 in 1973 . Staff increases have occurred based
on tremendous growth ; fees charged developers offset a majority
of staff costs ; and consultant efforts are now being accom-
plished by the staff for continuity and consistency.
An amendment was made by Mrs . Pauly seconded by Mayor Osterholt
reconfirming the policy that the addition of new personnel and
Increases in salaries (excluding probationary increases) be
approved by the Council . Motion carried unanimously .
i1r. licCulloch stated that he voted for the 1974 salary plan ,
and the review. He felt it was his responsibility to malice
the review and recommended that the next compensation plan
be reviewed by the present Council but approved by the 1975
Council .
2 . Discussion of informational meeting on Mayor Center Area Ring
go—ad .
A motion was made by t:r . Penzel seconded by I1rs . Meyers to
hold an informational meeting on April 1 at the City Hall
at ;7 :00 to bring the Hajor Center Area Ring Road property
oviners up to date . Notion carried unanimously.
3 . Discussion of City directional signs .
A motion was made by Or . Penzel seconded by firs . Heyers
directing the Staff to work on the directional signing for
major intersections as submitted by Mayor Osterholt. t'lotion
carried unanimously.
4 . Discussion of policy on building permits on parcels of five
acres or larger .
Hr. Heinrich was directed to contact the property owner re-
questing tiie building permits and explain the City ` s policy.
Council Meeting -9- i-larch 12 , 1974
V . B . Reports of i.ayor ( Continues.' )
5 . Assignment of specific date and time for the eurpose of con-
r
sidering the Flood Plain Ordinance , Horse Ordinance and Sign
rdinance .
A motion was made by iir . Penzel seconded by :layor Osterholt
to hold a work session at the City Hall on ilarch 27 at 4 p.m .
to consider the Flood Plain , Horse , and Sign Ordinances .
lotion carried unanimously .
6 . Rescheduling of the AirRort Study work session .
A work session was scheduled for March 21 at 7 p.m. at the
City Hall to consider the Airport Study . City Commission
members are included in the work session .
C . Reports of City ila na er :
1 . Report on the dispostion of six homes on and near Leona Drive.
A motion was made by Or . Penzel seconded by fir . NcCulloch to
receive and file the i•ianager ' s report of February 26 which
recommended the sale of the homes by competitive bidding .
Motion carried unanimously.
2 . Discussion of commercial needs study.
A motion was made by i-lrs . ileyers seconded by Mr . Penzel to
authorize the City iianager to solicit proposals from con-
sultant planning firms based on preliminary outlines dated
January 29 , 1974 and February 5 , 1974 for the Council ' s re-
view and action . Motion carried unanimously.
D. Report of City Clerk :
1 . City Clerk ' s recommended License Application List dated
Warch 12 , 1974.
A motion was made by fir. Penzel seconded by Mrs . fleyers to
approve the License Application List dated March 12, 1974 .
Motion carried unanimously.
VI . FINANCES :
A. Payment of Claims No . 3430 - 3793 .
A motion was made by Jr. Penzel seconded by I.'r. McCulloch to
approve the payment of Claims No . 3,430 - 3793 . On roll call ,
all voted aye . notion carried .
B . Cash_ and Investmeat Report.
A motion was made by [ir. Penzel seconded by Mrs . Meyers accept-
ing the Cash and Investment Report of February 28 , 1974 . p
Notion carried unanimously.
The meeting adjourned at 12 : 15 a .m . Suzanne K. Lane
Deputy Clerk