City Council - 04/23/1974 1-1I f1UTES
EDEN PRAIRIE CITY COUNCIL
Tuesday, April 23 , 1974 7 :30 P.M. City Hall
Council i•lembers : Hayor Uavid 9 . Osterholt , Joan iieyers , John
11cCul loch , :-!ol fgang Penzel , Sidney Pauly
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Council Staff : City Manager Robert P. Heinrich , Clerk John
Frane , City Attorney Harlan Perbix
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Invocation was offered by Pastor Fred Herzog , New Testament Church
I .NINUTES OF REGULAR HEEMIG FIELD APRIL 9, 1974 .
Page 5 , Item IV. last paragraph , last line should read : motion was
ratified by acclamation.
Page 6 , Iten V. A. 1 . c . : substitute expeditiously for expediately.
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Pace 6 Item V. G . 1 : last sentence should read : However, since k
the ounce ad—Tad—the report for four weeks and since sources of
funding , other than the Minnesota River 'latershed District ' s mill
levy, were remote , action should be taken to start negotiations.
A motion was made by Mrs . Pauly seconded by 11r. Penzel to accept
the minutes of April 9, 1974 , as corrected . Motion carried unani -
mously.
II . PUBLIC HEARINGS :
A. Hidden Ponds II , Ecklund/SNiedlund request rezoning to RI-13 . 5
and development stage approval for approximately 200 single
family lots located southeast of T. H. 101 .
A slide presentation illustrating the project area was made by
Mr. Putnam. Brought out was the fact that approval would re-
quire variances regarding setbacks and lot sizes . The Planning
Commission reports were discussed and in particular the differ-
ence of opinion between the Staff and Commission in regard to
developmental use of Section 10.
iir. Knutson of [1cCombs-Knutson Associates stated that he was in
agreement with the Planning Commission ' s report but not the
Staff report . It was his feeling that Section 10 should be re-
zoned for single family residential use as opposed to multiple
or commercial use.
I•lrs . i9eyers expressed concern about the maintenance and safety
liability to the City after taking over the pondsng and park
areas in Phase II . She felt a homeowners association in Phase
II would help finance these expenses . Mr . Putnam responded by
saying that the Planning Commission and Staff recommended the
establishment of such an association and that the dgveloper is
in agreement but is not enthusiastic about it.
Council Iieeti ng -2- April 239 1974
II .A. Hidden Ponds II Public Hearing ( Continued)
firs . "eyers asked Iy1r . Knutson if the possibility of removing the
five lots on the East/West Parkway had been explored . He re-
plied that the alternative of turnarounds would be provided.
That only three to five acres of the eighteen proposed be ac-
quired for the school site with the acquisition of additional
land at a later time was suggested by Mayor Osterholt.
A motion was made by fir . McCulloch seconded by Firs . Pauly to
close the public hearing and approve the first reading of
Ordinance No . 256 approving the request for rezoning to RI-13 . 5
for the construction of approximately 200 single family homes
with lot size and set-back variances per the Staff Report and
recommendations 1-14 dated (larch 14 , 1974--recommendations 1 , 4
5 , 9 , and 12 amended .
It was i•irs . I-leyers feeling that sound judgment could not be
made on Section 10 until the criteria for community, neighbor- k
hood , and regional commerical centers were determined . She
therefore moved to amend 64r. McCulloch ' s motion requesting that
rezoning approval on Section 10 be withheld pending the outcome
of the commercial needs study. 1-ir. Penzel seconded . This
motion carried with Wayor Osterholt, Mr. Penzel and lames Pauly
and i4eyers voting aye; Mr . McCulloch voting nay.
The question was called on Nr . McCulloch ' s motion as amended by
Mrs . iieyers and the motion carried . Mayor Osterholt, Mr. Penzel
and Nmes Pauly and ileyers voted aye ; Mr. McCulloch voted nay. �
Mr. McCulloch added he could not vote in favor of the motion as
amended.
Mr. Sviedl and stated that a delay while waiting for the commer-
cial needs study would be costly and he felt strongly that
Section 10 should be residential rather than commercial .
A motion was made by Mrs . Pauly seconded by ilr . McCulloch to re-
consider the Council ' s previous action. The motion carried with
Nayor Osterholt, Wrs . Pauly and Mr. f--icCulloch voting aye ; firs .
Meyers and 1•1r. Penzel voting nay.
A second vote was taken on the motion as made by 1.1r . McCulloch
amended by Mrs . Meyers resulting in the defeat of the motion .
1•irs . Meyers and fir. Penzel voted aye ; ilayor Osterholt, 11r.
McCulloch and I•Irs . Pauly voted nay.
A motion was made by Mr . i4cCullocn seconded by Flr. Penzel to
close the public hearing , and approve the first reading of
. Ordinance No . 256 approving the request for rezoning to RI 13 . 5
for the construction of approximately 200 single family homes
with lot size and set-back variances per the Staff Report and
recommendations 1-14 dated March 14 , 1974--recommendations 1 ,
5 , 9, and 12 amended to read as follows :
Council Meeting -3- April 23 , 1974
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II .A. Hidden Poinds II Public Hearing ( Continued )
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I . A pedestrian system lighted underpass and/or overpass should
be provided along tine major community trail where it inter-
sects the Horth/South Parkway. z
5 . Blocks 13 and 14 should be platted as outlots on the final
Plat rather than into the 25 lots as proposed , and the road
which crosses the major trailway to serve this area should
be eliminated and cul -de-sac ' s north of the trait . Blocks
13 and 14 would be retained as outlots for three years from
the date of approval and if the City or School District fail
to acquire the property, the preliminary plat would bi!
effectuated .
9 . Approval of 816ok 10 as submitted .
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12 . Recommend variance from the set-back requirements in Ordi-
nance 135 applicable to single family detached homes on
13 ,500 square foot lots , allowing a minimum of 12 ,000 sq. ft.
with average lot sizes of 15 ,140 sq . ft. and side yard set-
backs depending on house style :
5 ' -on one story garg"ares
10 ' on one and a half story houses
153 on two stories or greater
20 ' on houses built on corner lots
20 ' between houses
4LNotion carried with Mayor Osterholt, Messrs . Penzel and McCul -
loch and sirs . Pauly voting aye ; Mrs . 1,1eyers voting nay.
B. Crosstown G2 Extension from Shady Oak Road I-lest to FAI 494 .
Continued from April 9 , 1974.
Pair. Klossner of the County Highway Department expounded the
points made in his letter of April 18, 1974, in reply to the
recommendations made by the Staff.
In answer to iir. NcCul loch ' s query, it was stated that 14inne-
tonka is aware of Eden Prairie ' s recommendations and that 14inne-
tonka has approved the County ' s proposal as submitted .
Of concern to the Council was the at-grade crossing at Beach
Road and the Crosstown . P1r. Putnam added that the extension
would increase the use of 62 and also Baker Road by both Eden
Prairie and Winnetonka residents .
Pir . Raymond Roettger, 6881 Beach Road , said that with the at-
grade crossing as proposed by the County there Mould be no dif-
ficulty in making a right turn off Beach Road unto 62 . However ,.
there would be difficulty and danger in crossing 62 to gain ac-
cess to the 494 ramps .
i*ir. James Perkins , 7060 Willow Creek Road , pointed out that I
crossing 62 could be impossible if traffic were slowing down
and possibly backing up because the Crosstown was terminating
at 494 .
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Council fleeting -4- April 239 1974
B . Crosstown 62 Extension Public Hearing (Continued)
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When firs . Meyers asked about a definite time commitment in re-
gard to landscaping improvements , Nr. Klossner replied that
these improvements would be made within a period of years after
the completion of the road . A
In regard to the up-grading of Tovinline Road , 'Ir. Klossner
stated that designation would have to be straightened out be-
tween Eden Prairie and Ninnetonka and the system agreed to by
the two municipalities and the County. He further said he was
not prepared to say if Tovinl i ne could be opened in conjunction
with the Crosstown .
A motion was made by Nrs . i,eyers seconded by 64r. Penzel to :
a. continue to slay 14 , 1974 , the public hearing on the Cross-
town 62 extension from Shady Oak Road !lest to FAI 494, and
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. b. instruct the Staff and County to :
I . negotiate definite time schedules in reference to
the County ' s responding letter dated April lu , 1974 ,
to the Staff ' s recommendations of Harch 2 , 1974--
particularly in regard to landscaping and up-grading
of Tovin 1 i ne Road , and
2. investigate alternatives to the at-grade crossing at
Beach Road and 62 ; and negotiate the installation of
traffic signals at the ramps of 494 and the proposed
free%,Yay should the at-grade crossing be utilized .
Motion carried unanimously.
III . RESOLUTIONS AND ORDI MANCES :
A. Resolution No. 834 , spelling out the City' s intention to share
n t e cost o renoval of certain diseased trees within the City
for the general health and welfare .
A motion was made by Mrs . heyers seconded by Mr . Penzel adopting
Resolution No . 634 and amending the Resolution title to read :
" . . . . . . share in the cost of removal of certain diseased oak and
elm trees within the City. . . . . . . " Jotion carried unanimously.
B . Second Readin2 , Ordinance Ko . 253 , Lake Eden Heights single
family plat of 192 lots .
Consideration of this item was delayed until Nay 14 , 1974.
C . Second Reading , Ordinance No . 255 , relating to creation of Zon-
ing and Planning Commission or ity of Eden Prairie and repeal -
ing Ordinance Mo . 9 and 30 .
A motion was made by Hr . Penzel seconded by Nar . McCulloch to
approve the second reading of Ordinance Flo . 255 . iiotion carried
unanimously.
Council ►Meeting -5- April 23 , 1974 c
III . RESOLUTIOIJS AND ORDINANCES : ( Continued )
D. Second Reading . Ordinance Vo . 252 , Summerwoods II , Rezoning.
A motion was made by fir . Penzel seconded by Nrs . Meyers to
approve the second read i ne of Ordinance No . 252 and to autho-
rize the ilanager and iiayor to sign the developer/City agreement.
Ootion carried unanimously .
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E . Consideration of Lot Division for i1r . James Perkins , northeast
shore of Bryant Lake.
Nr. Jullie , referring to his memo of April 23 , reported that
the three acre parcel is located on the shore of Bryant Lake and
in July of 1973 the Staff erroneously approved land division
creating three parcels . It is necessary that a registered land
survey be approved by the City before conveyance of title to
Ar. Perkins .
Nrs . Aileen ;iacKinnon, 7020 Uillow Creek Road , requested that
action not be taken until the Willow Creek residents had the
opportunity to investigate as the subdivision had not been made
public . She added that she was not in opposition to I•ir. Per-
kin ' s home but was not in favor of the third home to be built i
by Hr.. Freeberg . The V i l 1 ow Creek area , she said . is governed
by covenants and the area residents have always complied .
iir. Hayner Larsen , 7011 Willow Creek Road , stated that the
4Lproperty in question lies adjacent to his lot and no notifica-
tion of subdivision was received . Also that all lots abutting
Uillow Creek Road are prohibited from containing more than one
family unit . It was his feeling that the question to be re-
solved was not whether E1essrs . Perkins and Freeberg have the
right to subdivide but whether building more than one house on i
that parcel is contrary to the practice observed by the area .
That the property was not included in the covenants and that he
had contacted some of the Hillow Creek residents was explained
by [-Jr. Perkins . Brauer and Associates were engaged to draw
plans to which i•ir . Perkins had not received opposition. Little
damage will occur to the natural amenities .
The Council suggested that the matter be resolved by the area
residents and indicated that the matter would receive further
consideration at the Council's special meeting to be held April
30.
IV . REPORTS_ OF OFFICERS , BOARDS AND COMMISSIONS :
A. Reports of r4ayor :
1 . Appointments .
A motion was made by fir. Penzel seconded by Mr. McCulloch to
appoint Mrs . Helen Fallon to the Human Rights Commission with
the term to expire December 1974. Motion carried unanimously.
Council Neeti ng -6- April 23 , 1974
IV . A. Reports of Mayor ( Continued )
2 . Consideration of Leadership Training , Drug Abuse Prevention .
A motion was made by Mr . Penzel seconded by tiayor " Osterholt
authorizing tiNe Hayor and flanager to work with the school
district and make application for a grant for a training
program in drug abuse prevention with the understanding that
no local monies would be required . Hotion carried unani -
mously.
B . Reports of Councilwoman Meyers :
1 . C . C . Ludwia Award .
This item was deleted from the agenda .
2 . Discussion of meeting to be held Tuesd
ay, April 30 1974
for the purpose of reviewing the Organizational Plant re-
quest for additional staffing , and set-back requirements .
i-irs . Meyers suggested that a special meeting be held on the
30th as the items under consideration mould need an exchange
of ideas . The lateness of the hour at regular meetings pre-
eludes thorough discussion and clear minds . The meeting
viould be open to the public .
A motion was made by Mr . Penzel seconded by 14r. rcCulloch to
hold a special Council meeting Tuesday evening , April 30 . at
7 :30 p .m. to review the organizational plan , request for
additional staffing , set-back requirements and to consider
hir . Perkins lot division in tliilow Creek area . notion car-
ried unanimously.
C . Reports of City Attorney:
1 . Consideration of settlement for Bergin condemnation - Parcel
Anderson Lakes Park.
A motion was made by Nr . Penzel seconded by firs . tieyers to
approve the action of the attorney and authorize payment of
$27 ,511 . 28 to Mr . Bergin on the attorney' s recommendation .
On roll call , all voted aye . ilotion carried .
2 . Ordinance No. 257 regulating use of highways within City of
Eden Pra rie , ncorporating provisions of State Highway
Regulation Act by reference , and imposing penalty for viola-
tion thereof.
A motion was made by Hr. McCulloch seconded by Nr . Penzel
approving the first reading of Ordinance Mo . 257 . i4otion
carried unanimously.
Council Neeting -7- April 23 , 1974
IV. C . Reports of City Attorney (Continued)
3 . Ordinance No . 253 , regulating operation of motor vehicles
within City of n Prairie , incorporating provisions of
State Drivers License Law by reference , and imposing penalty
for violation thereof , and repealing Ordinance, rfo. ' s 172,
173 , and 174A.
A motion was made by firs . Tieyers seconded by flr. Penzel to
correct the title of the ordinance to read Ordinance NO . ' s F
172 , 173 , and 174A and to approve the first reading of
Ordinance Ho . 258 as amended . Notion carried unanimously.
4 . Consideration of settlement of Saveyn condemnation.
A motion was made by Mrs . Pauly seconded by Firs. Neyers to e
authorize payment of $31 ,512. 50 to Or. Saveyn . On roll call , 4
ail voted aye . Motion carried .
D. Reports of Finance Director:
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1 . Review of Finance Department Analysis of Utility System
Financing .
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A motion was made by Fir . Penzel seconded by Pars. Fteyers to
receive and file the report. Notion carried unanimously.
fir . Frane was commended for the fine analysis .
2 . Report on Public Safety Patrol Vehicles Maintenance Costs .
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A motion was made by Mr. Penzel seconded by Fir . [icCulloch to
receive and file the April 12 , 1974 report from Mr . Frane.
Motion carried unanimously.
E. Reports of City Engineer :
1 . Receive report on utility extensions to the northeast portion
of Eden Prairie .
A motion was made by fir. Penzel seconded by Mrs . Tieyers to
adopt Resolution no . 838 receiving a report and calling for
a public hearing on May 28, 1974 , on Projects SAN 71-7-34
SAN 74-1-01 and WTR 74-8-05 (includes WTR 71-8-06 , Sec . 13
Utility extensions to the NE portion of Eden Prairie; and to
direct the staff to include all owners of conceivably devel -
opable land even though unbuildable in the notification for
public hearing . fiotion carried unanimously.
2 . ARprove plans and specifications and order advertisement for
ids on Scenic Heights Area Public Ror s ProJecls .
A motion was made by Mrs . Meyers seconded by fir . Penzel to
adopt Resolution No . 837 approving plans and specifications ,
combining projects or idding and ordering advertisement for
bids on Projects SAM 73-1-27 , 14TR 73-2-27 , STR 73-3-27 , and
WTR 73-8-27 , Scenic Heights Area Public Morks Projects , and
directing the staff to notify the property owners involved
that bids will be considered Flay 28 , 1974. Motion carried
unanimously.
Council :ieeting -C - April 23 , 1974
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IV . E . Reports of City En„egineer ( Continued )
3 . Report on developer ' s 2rogress toward correcting Crater
ressure __probl ens in St . Joan 1 s !!oo or:nhouse project .
Continued. from fla� rch 12 , F974 .
fir. Jullie ' s April 19 report was discussed after which Mr .
iicCulioch expressed his opinion that if the problem con-
tinues and Mould eventually have to be remedied with tax
doll ors , the developer should be required to install the
one inch pipe .
A motion was made by Jr . Penzel seconded by iir. McCulloch to
receive and file Mr. Jullie ' s memo of April 19, 1974 and the
D. H. Gustafson & Associates ' letter of April 3 , 1974; and
to direct the developer to continue plumbing modifications
to other units in Phase I as directed by the City Engineer.
iiotion carried unanimously.
4 . Report on meeting with industry re resentatives held on -Non-
a April19 at p .m. at S offices concerning t e
proposed T. H . 5 improvements .
'Ir. Jullie commented that an interesting discussion was held
with several Higs's:-jay 5 industry people . Their input was re-
quested in written form so that the Staff can proceed to
formulate a project to present to the Council .
4L 5 . Report on April 17 1974 Quarterly fleeting of Suburban Rate
Authority.
A motion was made by Mr . Penzel seconded by Mrs . Pauly to
receive and file the Quarterly Report to the Suburban Rate
Authority dated April 17 , 1974 . Motion carried unanimously.
6 . Re ort on i4innesota State Highway Department' s construction
schedule for improvements in Ring Route Project.
A motion was made by i-ir. Penzel seconded by Mrs . Meyers to
receive and file the April 19, 1974 report on the Minnesota
State Highway Department ' s construction schedule for the
Ring Route Project improvements . Notion carried unanimously.
F . Reports of Director of Community Services :
1 . Consideration of 2urchase of 42 acres at Anderson . Lakes the
,toor_ nqs.
Nr. Jessen reviewed his staff report of April ifs and 14r .
Carter' s letter of April 10 . Hhen firs . Pauly inquired as to
the necessity of staffing a fenced area , i1r . Jessen stated
that the operation of the facility would be a local responsi -
bility but perhaps in conjunction with the school environ-
mental study group.
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Council fleeting -9- April 23 , 1974 w
IV. F . Reports of Director of Community Services (Continued)
I . Consideration of the lioorings _purchase (Continued)
At the suggestion of Wayor Osterholt, a motion was made by
Mr . Penzel seconded by firs . Pauly to hold a joint Council/
Park and Recreation Commission meeting on Monday, May 6 at
7 : 30 p .m. to which Preserve representatives , Metropolitan
Open Space Advisory Commission members and interested citi -
zens would be invited. Notion carried unanimously.
The matter will again be discussed at the Council 's Ulay 14
meeting .
2 . Communication with Hr. Schaitber er concerning the sale of
property at Riley a e to the City -ro-rpark purposes .
Mr . Jessen elaborated his report of April 18 regarding his
communication with fir. Schaitberger. He added that the Park
and Recreation Commission had not yet reviewed the offer.
The possibility of LA:ICON funding would be great as Lake
Riley is the largest lake in the southwest area and the
service area would include areas in Carver County as well as
Eden Prairie.
Residents of the area , Nessrs . Jerome Jacques , Jim Thomas ,
and Joe Dolejsi , were present and voiced concern about such
an acquisition .
It was moved by 1.1r. Penzel seconded by fair. McCulloch to refer
the matter to the Park and Recreation Commission for con-
sideration; to instruct the Commission to review the develop-
ment of any park type facility on Riley Lake ; and to return
to the Council with a report at the June 11 meeting. Motion
carried unanimously.
G. Reports of Hanager : 't
1 . Report of Plumbing. Code Enforcement meeting .
Nr . Heinrich reported that as a result of the meeting held
April 15 , 1974 , new policies have been established as out-
lined in fir. Ju 1 l i e ' s memo of April 17 , 1974.
A motion was made by firs . Meyers seconded by fir. Penzel to
direct the City attorney to request an opinion from the
Winnesota Attorney General ' s office on the interpretation of
the code as to whether or not a licensed plumber is required
for outside of building sexier and water connections . flotion
carried unanimously.
Council siaeting -10- April 239 1974
IV . G. Reps of ilanager (Continued )
2 . Discussion of funding of Eden Prairie Community Education
_1-rogram .
Discussed was Superintendent Fallon ' s letter of April 23 and
his request for the City ' s participation in the budget bur-
den . Since $7150 of the reduced community education budget
cannot be covered by state funding or the per capita levy,
air. Fallon requested that the City and school district share °
this cost equally. `F
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Hr. Jessen expressed concern as to the City ' s role in the y
program while idayor Osterholt felt the City should assume
the cost .
To direct the Manager to set up a meeting for the Council ,
Staff , and school board to discuss the issue and to take no
action on the request for $3575 until after that meeting uas
moved by Fir. i,.icCul1och seconded by fir. Penzel . All voted
aye except Mayor Osterholt who voted nay. Notion carried .
3 . Consideration of job title change and salary adjustment of
n_spec ion Division clerical position .
The Council discussed with Eiss Niewind her reasons for the
request for title change and salary adjustment and her re-
cently completed shorthand course . Her supervisor ' s evalu-
ation and her previous salary treatment were reviewed .
Mr . Penzel asked if iiiss Hiewind ' s newly acquired skills had
been demonstrated to which Mr . Heinrich answered affirmative-
ly.
Hayor Osterholt stated that from a private industry stand-
point $3 . 52 would be a good salary and added that there
should be a limit on how fast an employee can move . (I-liss
Niewind received an increase in January 2974) . The Mayor
felt the community has not treated Hiss lliewind unfairly.
A motion was made by Firs . Fleyers seconded by firs . Pauly
authorizing the change of Inspection Division Clerical posi-
tion from Clerk Typist II to Clerk Stenographer with a
salary adjustment to $3 . 52 per hour effective April 22, 2974 ,
as recommended by Mr. Heinrich in his April IS memo . On roll
call , tlmes Neyers and Pauly and Messrs. FicCul i och and Penzel
voted aye, Mayor Osterholt voted nay. Motion carried .
4 . Request for Council direction regarding rezoning of Eden
Farms P. M. back to open Rural classlficatlon.
A motion was made by fir. Penzel seconded by eir. McCulloch to
return the matter to the Planning and Zoning Commission for
action to rezone to open rural classification . Fiotion car-
ried unanimously.
Council i•leeting -11- April 23 , 1974
IV. G. Reports of Wanager (Continued)
5. lea ue of Ninnesota Hunici alities request for Labor Rela-
ions Sub scr t on services or the periodo arc , 974
i o arch 5 at the rate of $750.
A motion was made by i:r. Penzel seconded by Mr. PcCulloch not
to subscribe to Labor Relations Subscription Services. Motion carried
unanimously'.
V. FIMAMCES :
A. Payment of Claims No. 3992 - 4098 .
A motion was made by fir. Penzel seconded by 11r. C•icCulloch to
approve payment of Claims No . 3992 - 4098. On roll call , all
voted aye . ilotion carried .
A motion was made by Mrs . Meyers seconded by i1r. McCulloch to ad-
journ the April 23 , 1974 , meeting at 1 :15 a .m. motion carried
unanimously.
Suzanne K. Lane, Deputy Clerk
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