Loading...
City Council - 05/13/1975 AT-PRO'VLD MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 13, 1975 7:30 PM CITY HALL COUNCIL MEMBERS: Mayor D.W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Fenzel COUNCIL STAFF PRESEIJT: City Manager Roger Ulstad City Attorney Harlan Perbix Planner Dick Putnam Engineer Carl Julie INVOCATION - Given by Rev. Dennis G. Albrecht, All Saints Lutheran Church k. PLEDGE OF ALLEGIANCE ROLL CALL - Mayor Osterholt, Bye, Meyers, Penzel Present, with Pauly present for latter part of meeting. Y I. MINUTES OF THE REGULAR MEETING HELD TUESDAY, MAY 6. 1975 Pg. 1, Para. 4, Delete"2Lr. Tom Erickson" insert "Gerald Pautz". " 27 of 4, Insert "preliminary plat approval and" after "granting". Pg. 2, It 4, Insert "because recommended revisions to preliminary plat were not completed" after "Meyers voted "nay"." Pg. 3, Para. 2, Insert "because resolution does not clarify status of study" after "I•ieyers voted "nay"." Pg. 4, Para. 2, Delete "15-point agenda, points through 7 or 8 were discussed.", insert "15-step MAC program to implement action, with the action presently at step 7 or 8." Pg. 4, Para.. 2, Insert 11120 days" after "Flying Cloud Field". " 4, " 4, Delete "plumber" insert "Plumbing Inspector". " 3, " 4, Delete "situation" insert "donated tree planting at"after "for" and insert "by fire station" after Mitchell Road". Fenzel moved, Meyers seconded, to approve minutes as corrected and published. Mayor Osterholt, ByyevMeyers, and Fenzel voted "aye", motion carried unanimously. C Z/os xt 't Ydnutes - 2 - May 13, 1975 II. PU:RLI F1E.41RI1vGS a A. Amenc3r.,ent to Section S of Zonir_r., Grdinance 135 to allow office uses in Industrial Districts. f. 3 City Attorney Harlan Perbix presented the amendment to Ordinance 135 as recommended. by Planning Commission. He explained that if the pro- posed amendment were adopted, offices could be built in an industrial district in conjunction with industrial uses or not in conjunction with industrial uses. E,eyers asked whether it meant an entire office building could be built in an industrial zone. Perbix said it was difficult to tie the two together and that a free-standing office building may have an impact on industrial uses. City Planner Dick Putnam stated there were two points of view, as indicated in the two alternatives in memo of April 14, 1975. It was desirable to keep the integrity of the office district, but not totally office. Putnam said in answer to Meyers question regarding an entire office building being accepted, the recommendation of the Planning Cor_imission is definitely yes, as alternative one was chosen as the Commission's position. Penzel was concerned about how simple it would be to take an industrial building and turn it into an office building. He called it "slow erosion", and he felt the City would not be able to control it. Putnam pointed out there would be quite a bit of construction work in- volved which would require a permit, and it would be realized that the parking space would be inadequate. He questioned whether the City would want to take the roll of enforcer. Iheyers supported recommendation which would allow office uses, but not free-standing office buildings in industrial zone. She felt that by allowing new office buildings in industrial section, there could be an unfair advantage to the developer, and also lessen the quality of the very fine buildings we have been able to attract in our office zone. 1:r. Crouch, attorney for Vr. Dietrich, questioned the content of the Ordinance as indicating you must have a certain percentage of space as warehouse, and said his client favors amending ordinance to permit office space in industrial buildings to be used by individuals other than those using the warehouse space. 1-:ayor Osterholt commented that, as it stands, he feels the Ordinance would allow for the kind of use as states by 1dr. Crouch, but does not mean professional offices such as doctors and dentists. fCity Manager Ulstad asked Perbix for interpretation of Ordinance. Minutes - 3 - May 13, 1975 II. PUBLIC EPARING (MNT ID) A. Amendment to Section 8 of Zoniniz Ordinance 115 to allow office uses in Industrial Districts Penzel moved, Meyers seconded, to add "with office space not to exceed 50% total interior floor space, with the remaining non-office space to be used for industrial purposes exclusively, "to proposed Amendment Subdivision 8.3, 2nd alternative as of memo of April 14, 1975. Meyers withdrew her second and suggested it be continued. Discussion continued regarding the ambiquity in the existing language specifically in the phrase "related to industrial". Meyers moved, PenLel seconded, to table action until 11s00, when Mrs. Pauly would be present, raking full Council membership present. Osterholt, Bye, Meyers, and Penzel voted ":eye", motion carried unanimously. III. RESOLUTIONS AND ORDINANCES A. Resoluti,-i& No. 989,, Resolution Authorizing ParticiT) tion in Planning County-Wide Public Safety Com minications System Penzel moved, Bye seconded, to adopt Resolution No. 989 authorizing participation in Planning County-Wide Public Safety Communications System. Mayor Osterholt, Meyers, Bye, and Fenzel voted "aye", motion carried unanimously. IV. REPORTS OF OFFICERS. BOARDS & 0101E ISSIONS A. Report of Councilman Penzel 1. Hennepin County Transportation System Study. Interim Report 1 Issues. goals and obJectives, for the Hennepin County Department of Public ;-:orks Fenzel reported on the study, informing the Council that the cornittee used set of definitions for what purposes various roads will be used, and that the road plans are for 1990. He asked for questions and concerns to take to next meeting. Meyers listed concerns as: no, 2, addition of County Rd. 61 to 181 no. 11, extending County Road 60; Pg. 7, Trunk highway 101 as a State Highway; and Sub area 2-p. 10, something be done about function &, signal at Highway 3 and County Road 4 in Minnetonka. Mayor Osterholt directed all other suggestions to Penzel. 407 <a A!inutes — 4 - Xay 13, 1975 IV. REEPURTS BOARDS & CON-ISSIONS A. Report of Council.xnan Penzel 2. South Hennepin Human Services Council Annual Resort i Penzel reported that they have greater amount of cases. The finances have been met and are running in the "black". A hearing to adapt a budget for 1976 will be held on May 2.4. Priorities were set and accepted by the Council at the last meeting. $15.000 per year for budget request, 030,000 exclusive of the contract. Guidelines have been promised by County but none have materialized and a contractual, arrangement will have to be put together. Mayor Osterholt coirmented that each community should communicate with the County Board to continue these services. Penzel said last year the Council found itself in the some position and met with Coam_.i.ssioner Ticen from our area and ex- s. plained work done and goals that have been set and asked for support for work done, and as a result most of the work was supported. CPenzel moved, Meyers seconded, to request the Staff to draft resolution which would put the City Council on record favoring the continued support of the active planning of the South Hennepin Human Services Council. I-layor Osterholt, Bye, Meyers, and Penzel voted "aye«, motion carried unanimously. B. Report of City Engineer 1. Final Plat approoval for Eden Prairie Center Addition City Engineer Julie answered auestions regarding the Center. Fenzel asked to what extent changes occurred, if any, between preliminary and now. Julie answered there were some minor changes in some easement locations. Bye moved, Penzel seconded, to pass Resolution 991, final approval for Eden Prairie Center Addition, subject to re- ceipt of the City Engineering services fee of $20280 per Ordinance #230. Mayor Osterholt, Bye, Meyers, and Penzel voted "aye", motion carried unanimously. 2: Land Division *for Clarence Remus property at 14150 Pioneer Trail Mayor Osterholt and Penzel questioned dividing the property with- out-:original owners having been notified. qo� I•'inutes - 5 May 13, 1975 B. Report of City Engineer (Oont'dl 2. Land Division for Clarence Raus uropertv Cont'd)_ Bye moved, I-Seyers seconded, that proper notices be sent out and, continue at meeting of May 27. 1'ayor Osterholt, Meyers, Bye, and Penzel voted "ayes', and motion carried unanimously. 3. T.H. 5 Imnrovements by 2ED a. Resolution No. 987 for elan approval i Fenzel moved, Bye secot.ded, to approve Res. 987 for plan approval of T.H. 5. Mayor Osterholt, Bye, Meyers.. and 1 Fenzel voted "aye", motion carried unanimously. xxY i b. Resolution No. 988 and acreement Not 57927 for traffic signal at T.H. 5 and Mitchell Road I•ieyers zooved, Fenzel seconded, to approve Res. No. 988 to instruct the City Engineer to inform Highway Department of the Gouncil's approval of plans and specifications as recommended in nemo of Eay 9, 1975, with completion date before school opens. Mayor Osterholt, Bye, 3'rieyers, and Fenzel voted "aye", motion carried unanimously. C. Report of Planning Director 1. City Neighborhood Sector Mau City Manager Ulstad presented the neighborhood Sector Map and informed the Council that the bap was available for study. Meyers said she tried to draw neighborhood lines from reports, other Council members, and from talking with residents and getting their feelings on what area they thought their neighborhood covered. Copies were requested by the other Council members. Fenzel moved, Bye seconded, to refer snap to maker of the first map and make copies for other members of the Council. Mayor Osterholt, Bye, Meyers, and Fenzel voted "aye", *notion carried unanimously. 2. Resolution No. 990, Joint Cooperative Agreement with Hennepin County for Corrffaunity Development Funds for 1975. Mleyers moved, Fenzel seconded, to adopt Resolution No. 990 concerning cooperative agreenent with Hennepin County for Community Development funds for 1975. 1hyar Osterholt, Bye, Meyers,, Penzel, Pauly voted "eyep, motion carried unanimously. 40 Nd nut=s - 6 - May 13, 1975 D. =snort of Director of Co=runi.ty Services Reco=erdation for Park.. Recreation and Natural Resources Gori*i s sion Jessen informed the Council that City Attorney Perbix had reviewed it and and made continents whi.ch were incorporated into this particular draft. He said what this will do is formalize what has been done informally. Meyers suggested appointing youth members in August, because it is hard for youth members to establish an attendance record because of jobs etc.. Jessen said,historical.ly, they have been appointed in May, but didn't disagree with the August date. Penzel said members of Con-nission have expressed question of quoruno excluding high school members from the count. City Attorney Perbix felt that if you are a member of a Commission, you should have the right to vote. Bye moved, Penzel seconded, to approve 1st Reading of Ord .No.2 91 as amended. Bye Meyers, Penzel, and Pauly voted "aye", with Mayor Osterholt voting "nays'. I-btion carried with a vote of 4-1. j x Mayor Osterholt felt that we may be overburdening the Commission by 0 adding "natural resources" to their responsibilities. Perizel commented that this would give legal status to this work, and one of the real desires is not only to give them the job officially, but the legal status of being able to use this supervisory job. 2. Rile-yMitchell Lake Park Stu v Jessen summarized the study and gave additional background. He said Mr. Schaitberger approached City with the proposal to sell Dutch's Resort. Staff did a conplete study of the area for the Council's review. He added that tax information had been developed for the Council at their request. Yayor Osterholt wanted to hear from residents in the area before reconmend- iag adoption of this study. He requested figures developed on potential taxes. There was discussion concerning acreage according to the Comprehensive Guide Plan of 1968. Mayor Osterholt suggested the land could be transacted privately, with dedication from private investor. Jessen stressed that he was confident that the likelihood for grant funding for this parcel in 1975 or 1976 was extremely high. Meyers felt we had a responsibility of preserving the lakes as a heritage for future generations and we were justified in using these funds in ac- quiring these lands. She suggested adopting this as a policy and then can be used to acquire land at a slower pace. x y t0 Minutes - ? - May 13, 1975 D. Report of Director of Coity Services ir 2. RileyAji.tchell Lake Park Study_ (Conttd) Pauley said she would 31ke to have Jessen include discussion with owner and see if there is a chance of working out some kind of option. She felt the Schaitberger land would be an asset to the Conmunity without the rest of the land and that the other owners were not asmdous to sell. Penzel suggested approaching people in other areas to see if they would be willing to sell their land, rather than upsetting present people. Bye commented that it was true cormunity responsibility to protect the publics s ability to have lakeshore comparable to Minneapolis at the turn of the century. Jessen added that the Watershed District has expressed interest in financing this kind of funding, but were interested in a lakeshore area. Paul moved, peazel seconded, to direct Jessen to get in touch with I-fr. Jacques and discuss the plan and feelings about their property. Mayor Gsterholt, Pauly, Meyers, Bye, and Penzel voted ' aye", motion carried unanimously. Meyers moved, Bye seconded, a continuation of this item to May V meeting, and hopes Jessen can report back on conversation with Mr. Jacques. Mayor Osterholts Meyers, Bye, Pauly., and Penzel voted "aye", motion carried unanimously. 3. Goimaunication regarding Land for Sale Adiacent to Bryant Lake Park Jessen informed the Council that the asking price of Mr. Binardi is far away from what the amity felt was the right price and suggested waiting and taking our chances through development dedication.. Pauly moved, Penzel seconded, to direct Staff to co.—m=icate with Federal and State sources to transfer to some other parcel and recommend change to Horak or Brea property. Mayor Gsterholt, Bye, Meyers, Penzel, and Pauly voted "aye", motion carried unanimously. 4, Cor=nication from Les Blackloek x-emarding his desire to sell his house to the City .lessen said the decision has been made not to "condemn". Penzel moved, Pauly seconded, to seek approval from r2etro Council to appraise property and enter contract for deed on this property soon, and bring back to Council. Mayor Osterholt, Bye, Meyers, Penzel., and Pauly voted "aye", motion carried unanimously. Lf(� Minutes - 8 - !,Say 13, 1975 D. zenort of Director of Community Services 5. 'e.coi�-:endation for L*-mroverents to the Round Lake Park Building Fenzel *coved., Pauly seconded, to approve proposed improvements to Round Lake Bldg. by Shu-le-wa-ah-wat Campfire Girls, subject to a cursory structural analysis of the building indicating that it is in good structural condition. Mayor Osterholt, Penzel, Pauly, Meyers and Bye voted "aye", motion carried unanimously. 6. Fr_uestrian Center Lease Jessen informed the Council they had received many replies, including four concrete proposals, and offered them for Council inspection. They had received three proposals to lease facility from the City at a rate of profits at gross level basis. The fourth proposal was to provide management consultant services to the City. Jessen introduced Bert and Alice Lear, and Glen and Janet Lorenz to present their program. Lorenz stated it would be a combination of boarding other peoples' horses inc. care, feeding, etc. and an ex- tensive program of instruction, training, etc.. Lorenz said Lear has; had extensive experience in this line. The Staff recommends a rental fee of $400 per month, 5% over $50,000 of gross annual income, with a 1 year lease with two 2-year opt-ions, Veyers inquired about holding horse shows open to the public. Lear answered they would like to have "in stable" schooling shows for flan, a low-key competition type of show with no advertising. He said their basic goal is to set up a good equestrian program, which can be a good money-making operation. Lorenz described it as a "country club" a type for the public, and intend to make it a first class operation. Yeyers asked if there was protection for the City in case of default. Jessen answered there would be a $1,000,000 liability bond, naming the M City, and a $10,000 "damage cash deposit" for maintenance. Final con- tract would spell out details involving dissatisfaction of City or any other such problems. City Attorney Ferbix questioned whether the City should get into this f type of position. He agreed with Fenzel regarding recommendation of initial inspection, with periodic re-inspection being performed by the City and Leasee to see that contract is being adhered to. He added that public relations are a big concern for a rmmicipality and t does not feel they will disappear with change of operation. Mayor Osterholt inquired as to what type of accounting procedures would be followed. Jessen replied that audit on an annual basis and jointly set up a record system, with supervisory procedures to make sure all pro- visions are being met. Penzel moved, Pauly seconded, to instruct Staff to draw up the necessary agreements and bring back to Council for review. Mayor Osterholt, Meyers, Bye, Penzel, and Pauly voted "aye", motion carried unanimously. Lf l2. Yinutes - 9 — May 13, 1975 f D. Remrt of Director of CoTgmunity Services (Cont'd) d 7. Consideration of Purchase Ap-reerient for Phil Fenves Property at Anderson Lakes Meyers inquired whether it will be up for sale by City bid. jessen re- plied that we are advertising for bids with occupancy until 5ept.1, and is funded by Metro Council. Meyers moved, Bye seconded. to authorize execution of purchase agreement for Heppes property at Anderson Lakes and authorize Mayor to sign purchase agreement for City. 2-ayor Osterholt, Bye, Meyers, Fenzel, Pauly voted "aye", motion carried unanimously. E. Report of Finance Director a 1. Payment of Claims 6412,_64781 6534-6651 Penzel moved,A4eyers seconded, to approve payment of Claims 6412, k 6478, and 6534,-o651. Voice vote was taken: Osterholt - "aye", Bye - "aye".. Meyers - "aye., Penzel - "aye, Pauly - "aye", motion carried unanimously. 2. Clerk's License List Meyers moved, Fenzel seconded, to approve Clerk's License List, Mayor Osterholt, Bye, Meyers, Penzel, and Pauly voted "aye", motion carried unanimously. 3. Federal Revenue Sharing Penzel moved, Bye seconded, to accept report and advise Staff to publish report. Fayor Osterholt, Bye, Meyers, Penzel, and Pauly voted "aye", motion carried unanimously. II. FUBLIC HF.A.RINGS (C 011T'D) A. Amendrient to Section 8 or Zoninc Ordinance 135 to allow office uses in Industrial Districts Bye moved, Penzel seconded, to accept proposed changes as discussed for Ordinance 135, Sec. 8.. Mayor Osterholt, Bye, Meyers, Penzel, and Pauly voted "aye", motion carried unanimously. First reading of Ordinance No. 292 therefore was approved. Pauly asked how this would be enforced. City Attorney Perbix said by occupancy permit. V. NEW BUSINESS Penzel brought up the question of enforcing rules regarding appearance ( of some of business establishments along Highways 169 and 5. yr3 Viriutes - 10 - May 13, 1975 V. ?,r J BUSINIESS (CONT 12 =:eyers roved, i-enzel seconded, to officially convey our concern to the Staff and urge these to devise whatever methods they feel to be effective on companies along Highways 169 and 5, with the upgrading being done with- in a reasonable amount of time. Meyers withdrew motion. Methods of persuading owners of unke pt property were discussed. Follow. ing regulations we have and use of Health Officers were suggested ways of solving the problem. I•:eyers informed the Council that; Planning Commission had requested bring- ing up the matter of re-zoning signs on property about to be re-zoned x and, which has not been implemented because of lack of funds. Planning Commission requests that they woUd reinitiate installation of re-zoning signs. City Finance Director John Frane suggested the proponents put up the sign, with specifications set by the City. Meyers suggested Council review assessment policy impact on land use proposals, as conflict in this area was brought to her attention from three different sources. Mayor Osterholt felt that, in view of the situation with Vietnam refugees, we should address ourselves to this as a community and suggested adopting a resolution expressing our sentiments. Fenzel moved, Bye seconded, that we adopt Resolution 992, stating that, in view of Vietnam refugee situation, we feel that this is an opportunity for the United States to own up to its' heritage by showing we support the re- settlement in this country and welcome any refugees who choose to relocate here and suggest support to our Congressman. Penzei, Mayor Osterholt, Bye, Meyers, and Pauly voted "aye" , motion carried unanimou sly. City Manager Ulstad reported on Community Growth Council Meeting. The Growth Council suggested there be three selections consisting of; Planning Commission Chairman, Council member, and Staff person to represent the City, with residents from the community being submitted by President of Chamber of Commerce making a total of 18 people. Meyers requested minutes of the Growth Council be made available to Planning Commission. VI. ADJOURNMENT. The meeting adjourned at 2:30 AM.