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HomeMy WebLinkAboutCity Council - 08/28/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 28, 1984 7: 30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVO!"TION: Paul Redpath OF ALLEGIANCE .ALL CALL: all members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: III. L. Approval of plans and r specifications for I.C. 52-065 , Norseman' s 6th Addition street and utility _ improvements Resolution No. 84-227 . The following item was moved from V I I I . A. to III M. 1st Reading of Ordinance No. 56-84, amending City Code Chapter 9, Section 9,40, T`rearms Re ul ati ons , and Adoption of Resolution No. 222, out i ni ng criteria to be used for issuance of Hunting Permits by the Public Safety Department. The following item was deleted from the Agenda because it had been published for September 4, 1984: IV. D. Treanor Addition by Guy K. Treanor. MOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. City Council meeting held Tuesday, June 19, 1984 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council meeting held Tuesday, June 19, 1984, as published. Motion carried with Anderson abstaining. City Council Minutes -2- August 28, 1984 B. City Council meeting held Tuesday, July 10, 1984 Page 6, para. 9: change the last sentence to read as follows : Bentley noted that the developer had not provided adequate lot size transition within the project. MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of the City Council meeting held Tuesday, July 10, 1984, as amended and published. Motion carried unanimously. III . CONSENT CALENDAR A. ST. ANDREW CHURCH, 2nd Reading of Ordinance No. 46-84, zoning district change from Rural to Public, approval of Supplement to Developer's Agreement for St. Andrew Church, and adoption of Resolution No. 84-210, approving Summary of Ordinance No. 46-84 and ordering publication of said Summary of St. Andrew Church Supplement. 1.2 acres for church expansion. Location: northwest quadrant of Baker Road and Valley View Road. B. Approval of sublease with Hennepin County Regarding leaf recycling center C. Appointment of the Assistant to the City Manager to the Advisory Committee to administer and monitor the fee si bi 1 i t,y stu for-`Opt Out" D. Reitherman Lot Split E. Revocation and redesignation of CSAH 39, Roberts Drive and Valley View Road Resolution No. 84-217) F. Final Plat approval for Gonvea 4th Addition (Resolution No. 84-220) G. Set Public Hearing for easement vacation in Feffer Addition for 7:30 PM, September 18, 1984 H. Set Public Hearing for easement vacations on Lot 1 , Block 2, Fairway Woods 3rd Addition, for 7: 30 PM, September 18, 1984 I . Final approval of Municipal Industrial Development Bonds in the amount of $-465,000.00 for Kinder Care Resolution No. 84-197�� J. Accept Warranty Deed for Carmel Park K. Resolution No. 84-221, appointing Election Judges for the Primary_ Election L. Approval of plans and specifications for I .C. 52-065, Norseman' s 6th Addition street and utility improvements Resolution No. 84-227 M. 1st Reading of Ordinance No. 56-84, amending City Code Chapter 9, Section 9.40, Firearms Regulations, and Adoption of Resolution No. 222, outlining criteria to be used for issuance of Hunting Permits by the Public Safety Department MOTION: Redpath moved, seconded by Anderson, to approve items A - M on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- August 28, 1984 IV. PUBLIC HEARINGS A. TURNBULL. Request for Preliminary Plat of approximately 15.28 acres into two lots for Rural housing development. Location: north of Highway 169, east of Dell Road. (Resolution No. 84-175 - preliminary plat) - continued from 7/17/84 Council Agenda. City Manager Jullie indicated the proposed Option Agreement for the road right-of-way had been prepared by the City Attorney's office. John Turnbull was present to answer questions. Mary Kunstmann, 10001 Dell Road, said she had lived at that address since April ; she said at this point in time they would not be willing to have the road become a City road. Fred Allis , 10005 Dell Road , said he concurred with Mrs. Kunstmann. He said he is comfortable with the manner it which the road is maintained now. a Jim Allis , 10005 Dell Road, said the road is totally adquate for their needs . He noted that it is a wooded lane and that is considered to be one of the amenities of their property. Redpath said his main concern is that a road be available. Penzel said the intention was to provide for a road and not to construct one at the present time. Turnbull said they are thinking about their privacy and wants that protected. Kunstmann asked if there were any residents on the road who were not able to get in and out now. Penzel said he had not heard any evidence to that effect. Jullie suggested that language be added to the Option Agreement to the effect that it is not the City' s intent to exercise this option at this time. Redpath asked if this easement option would just concern Turnbull's property since the division had not been made. City Attorney Pauly said it would include all of the property which is subject to the platting process. The division which was attempted a year or so ago was not approved by the City and therefore the parties do not get a separate tax statement which is in violation of the subdivision ordinance of the City. The Board of Appeals granted a variance for less than ten acres ; a condition of that variance was that the applicant had to plat the property and to grant conservation easements on the lower portions of the slope. The application for platting is now before the Council and a part of that process is consideration of the need for public streets. Turnbull said that is a very legal question. Turnbull said he would be willing to go along with something in the future, but he did not wish to commit to anything right now. Penzel said there are two recommendations before the Council : one as proposed or one as amended to state the City's intent is not to exercise this option at this time. City Council Minutes -4- August 28, 1984 Dick Feerick, 6518 Leesborough Avenue, stated Turnbull has been trying as best he can to resolve this matter. Feerick said Turnbull came here thinking the issue could be resolved, but there is nothing he can do because he cannot commit for his neighbors. Penzel said Turnbull is the legal owner of record of the 15 or 17 acres parcel ; in the records, the Kunstmanns do not own any property. Pauly noted the division is contrary to City Code. MOTION: Anderson moved, seconded by Redpath, to continue action on this item to the September 18, 1984, meeting of the City Council to a l l ow the proponent time to discuss this issue with his neighbors and attorney. Motion carried unanimously. B. MUIRFIELD by Tandem Corporation. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential for approximately 25 acres; Planned Unit Development District Review, with variances and zoning from Rural to RI-13.5 for approximately 25 acres ; preliminary plat of 36 acres into 119 single family lots ; and Environmental Assessment Worksheet. Location: north side of Valley View Road , west of Park View Drive. City Manager Jullie called attention to Planning Director Enger' s memo of August 24th in which he noted the Planning Commission had been unable to reach a consensus for a recommendation on this project. Jullie stated, as noted by the petitions, there is considerable opposition from neighbors concerning the proposed density of this project. t Planning Director Enger reviewed the problems which had occurred in sending out notices for the Public Hearings on this proposal ; he particularly noted that some notices had been hand delivered due to a mix-up in the ordering of address labels. City Attorney Pauly noted the City had acted in "good faith" and , in his opinion, the Public Hearing was legal . Dick Putnam, Tandem Corporation , introduced Jim Ostenson, Tandem Corporation; Lyle Nash, Twin City Federal , a p-artner in the project; Ken Adolph, engineer; and Bud Rodder, a builder. Putnam addressed the proposal . Putnam asked that the Council consider granting 1st Reading of the Ordinance based on the Planned Unit Development presented this evening, review of the EAW, change the Comprehensive Guide Plan to reflect 3. 1 units per acre as acceptable and refer the project back to the Planning Commission for its rev i ew.. 3 Redpath said it was his opinion that the Council could not grant 1st Reading prior to the Planning Commission 's review of the proposal . Engeer said Staff had reviewed a different plan (Staff Report of July 20th) which included a mixture of 13.5 lot sizes ringing the project. This plan also included a transition area. Staff recommended, based on that plan, that a further transitional area be included. Enger noted that Staff had not evaluated the plan presented this evening. He stated the Planning Commission had a tie vote on the original plan for Muirfield. City Council Minutes -5- August 28, 1984 Redpath asked where the storm sewer would come through the area. Director of Public Works Dietz reviewed what alternatives had been under consideration including a pond in the Muirfield development. Redpath asked if the neighbor- ing residents would be asked to participate in such a project. Dietz said they could be; the possibilities have only recently been considered. Tangen noted that the density has changed and as a result the whole proposal has changed. He said he had difficulty with the density question. He suggested this be referred back to Staff and the Planning Commission for further review. Bentley questioned whether the Planning Commission must take affirmative action c' the Guide Plan amendment for the City Council to act. He asked the City } Attorney if this was a correct interpretation of the Planning Act. Pauly said it was; the Planning Commission must make a recommendation on an amend- ment to the Guide Plan before the Council can act. Bentley said he assumed City Codes were met by the proposal and asked, at what point does the Council look at the project to determine whether or not it meets the Guide Plan. Enger said maximum densities are reviewed -- this is used as a basis for density transfers, etc . He stated that it is his recommendation that this s proposal requires a Guide Plan amendment. Bentley asked if it was correct that the Planning Commission had not taken any action regarding platting or zoning. Enger said that was correct. Bentley expressed the fact that he was upset with the Planning Commission for its lack of action on this matter; he said he is also concerned about the length of time this proposal has been "in process. " Enger said this has been before the Planning Commis- sion for two meetings. Anderson said the Planning Commission has been putting in a tremendous amount of time; one of the meetings at which this was discussed } lasted until 2 a.m. Tangen said he did not feel the Commissions are entirely at fault. He said this proposal had changed greatly since the time the Planning Commission had looked at it; the Council is looking at something new. Redpath said he would like to see this returned to the Commission; this is a no longer the same plan. Darrell Westby, 7107 Park View Lane, asked if the meeting before the Planning Commission would be an open meeting. Penzel indicated it would be either a public meeting or a public hearing. Westby asked if the adjacent property owners would be notified. Penzel said they would be. Penzel said the Council talks a lot about the 2. 5 units per acre requirement and he would like to know if that is spelled out in the Guide Plan or whether that is a requirement of the zoning chapter of the City Code. He said he felt two different things might be under consideration. Enger said he would like to look into that. Tangen said he felt there should be adequate justi- fication if the City were to go above 2.5. Bentley said he is concerned about the judicious expedition of proposals; a bad recommendation would be better than no recommendation at all . Enger said the Planning Commission is looking for some direction; if they had recommended denial of this proposal , it would not have come to the Council at all (the Guide Plan change, ) City Attorney Pauly said the City Council could recommend that the Planning Commis- sion approve the Guide Plan proposal/amendment. This could be done and not prejudice the City Council ' s further review of the matter. City Council Minutes -6- August 28, 1984 Redpath said he felt the most recent proposal is heading in the right direction . Tangen said he felt there should be a reason or justification for changes in the Guide Plan. MOTION: Redpath moved, seconded by Anderson, to continue the Public Hearing to October 2, 1984, and to return this matter to the Planning Commission for its review and recommendation. Motion carried unanimously. C. SHADY OAK RIDGE by Joseph Ruzic. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential ; zoning district change from Rural to RM-6.5; and preliminary plat of 11. 5 acres for 48 townhouse units. Location: north of Rowland Road, west of Old Shady Oak Road. (Resolution No. 84-212 - Comprehensive Guide Plan Amendment; Ordinance No. 54-84 - zoning from Rural to RM 6.5; and Resolution No. 84-213 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Krueger, land surveyor representing the proponent, addressed the project. a Planning Director Enger said this request had been reviewed by the Planning x Commission at its meeting on July 23, 1984, at which time it voted to recommend approval subject to the recommendations included in the July 20, 1984, Staff Report. Director of Community Services Lambert indicated the Parks, Recreation & Natural Resources Commission had reviewed this at its August 20, 1984, meeting at which time it voted to recommend approval subject to the recom- mendations included in the July 20, 1984, Planning Staff Report and with the additional recommendation that the trailway system connect to the north property line so as to connect to Carmel Park. Director of Public Works Dietz noted that this project would increase the sewer service area; this is a deviation which had been suggested at the time of the feasibility report. Since the assessment area will be increased, the amount of the assessments against individual property owners will be reduced. Anderson asked if the trailways which are proposed will be of ag lime. Lambert said the recommendation is for an 8' asphalt path to be constructed a to the north. Anderson asked if this precluded a trail to the south. Lambert said that had not been looked at yet. ` Bentley stated concern had been expressed by residents about expanding or extending multiple dwellings to the west of of Old Shady Oak Road. Enger said the rationale behind this proposal was that the hill would have been completely decimated if ;i-acre lots had been proposed. With the proposal before the Council , it was felt that the smaller building footprints would be better for the area. l City Council Minutes -7- August 28, 1984 Anderson asked if the trail would be a private trail . Krueger stated the details had not been worked out. Penzel asked when Old Shady Oak Road would be renamed. Jullie said that issue can be addressed with the review of this proposal . Redpath asked how much excavating had been done on the top of the hill on this property. Joseph Ruzic, 6825 Rowland Road, said less than 2% of the hill had been removed. Wayne Kinion, 6401 Old Shady Oak Road, referred to his letter of July 31, 1984, in which he outlined reasons why he did not feel the Guide Plan should be changed. He said he did not want a precedent set by moving the medium density "line" further to the west; he wished to see this property remain as low density. Bentley asked Kinion if he would prefer to have a higher density and, as a result, there would be more trees saved, or would he prefer to have a lower density which would result in more trees being re- moved. Kinion said he would very much like to see the plan for low density preserved. Cliff Bodine, 6400 Shady Oak Road, expressed concern about the grade level of the area on the north. He wondered how visible these units would be from his property. Krueger said the gr-de would be raised about 4'. Bodine asked more questions about the specifics regarding the effect on his property. Bonnie Kinion, 6401 Old Shady Oak Road, said she is concerned about the numbers she had heard tonight. She indicated she would prefer to see the area not i developed although she fully realizes that is not a true statement. Enger said Ruzic's original request was for 48 units; the Planning Commission requeste this number be reduced to 36 units. Enger said he did not know exactly where the further reduction in the number of units would come from within the develop- ment. Mrs. Kinion also expressed concern about the effect of the development 1 on the watershed; she had not heard of any study being done in this regard. Dietz said that one of the requirements of the Staff Report is that the developer' s engineer must provide the City with a final design for storm sewer run-off. This has been provided by Ruzic's engineer. Ruzic said he could make more money if the property were developed in single family units, but he wishes to retain the hill and that is why he is requesting what is now under discussion. Bentley said there has been a case made for the Guide Plan change. He noted the City is on the threshhold of needing to make a major policy review regard- ing the Guide Plan. He said he felt the Council is going to be seeing more and more requests such as this one. MOTION: Bentley moved seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 04-212, Comprehensive Guide Plan Change. Motion carried unanimously. City Council Minutes -8- August 28, 1984 MOTION: Bentley moved, seconded by Anderson, to give 1st Reading to Or- dinance No. 54-84, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-213, approving the preliminary plat of Shady Oak Ridge for Joseph Ruzic. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer' s Agreement as per Commission and Staff recommendations and including a tree inventory, staking of grading areas and providing snow fencing for further delineation and protection, providing replacement trees on a caliper inch for caliper inch basis for trees removed, providing more screening of the northern area and the area facing Kinion' s home, and the trail which will go through the property will be a public trail (the details to be resolved prior to 2nd Reading. ) The name of Old Shady Oak Road will also be changed during this process. Motion carried unanimously. D. TREANOR ADDITION by Guy K. Treanor. Request for Preliminary Plat of 0.734 acres into two lots for residential development. Location: 16135 Valley View Road. (Resolution No. 84-214 - preliminary plat) This item was ;published to be heard at the City Council Meeting on September 4, 1984. E. Fall 1984 Special Assessment Hearing (.Resolution No. 84-219) City Manager Jul l i e indicated notice of this Public Hearing was published and notices were mailed to all property owners as listed on the proposed assessment rolls. Director of Public Works Dietz reviewed the following projects: 1. I.C. 51-356 No comments from the audience. 2. I.C. 51-308A No comments from the audience. 3. I.C. 52-043 No comments from the audience. 4. I .C. 52-048 No comments from the audience. 5. I . C. 52-057 No comments from the audience. I _r4. City Council Minutes -9 August 28, 1984 6. Trunk Sewer and Water Larry Griffith, representing Wally Hustad, requested action be deferred for two weeks so they might have an opportunity to study the assessments further; a .$50,000 error had been noted and they i would like to examine the remaining assessments against their prop- erties. He noted that he had a written objection to present as per the requirement of the State Statute. a There was some discussion regarding a bid opening which had already been postponed to October; Dietz indicated he would like to see the assessments adopted so this might be completed. City Attorney Pauly explained the procedure which might be used should the assessment rolls be adopted this evening relative to the letting of the contract. Dietz noted that the City had received a written objection from the owners of Crescent Ridge regarding their assessment. Dave Ka steleck, representing the owners of Crescent Ridge, indicated they would like more time to review the numbers. Dietz said there would be no problem deferring action on this assessment for 30 days as there is no bidding process involved therefore time is not a critical factor. 7. Lateral Sewer and Water There were no comments from the audience. 8. Tree Removal City Forester Stu Fox reviewed the special assessments for tree removal . He referred to his memorandum of August 28, 1984, (attached. ) Thomas Carey, 10545 Humboldt Avenue North, Brooklyn Park, owner of property at 6310-12 Kutcher Lane, asked that the $485 assessment be forgiven. He said this is rental property and he reviewed the problems which he had incurred with this property. He stated he was unaware of the fact the trees had been marked and his renter(s) did not; tell him about this. It was suggested this matter be continued to the September 4, 1984, meeting of the City Council which would allow Staff time to review the situation with Carey. An objection was filed on two properties by Faulk. It was suggested action on this be continued for one week to allow further review, MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing on all items except the Hustad properties (continued for one week) , Crescent Ridge (continued to September 18, 1984) , Carey and Faulk (continued for one week to September 4, 1984) and to adopt the special assessments on all but the previously mentioned properties as noted in Resolution No. 84-219, Exhibit A. Motion carried unanimously. City Council Minutes -10 August 28, 1984 F. Request for Multi-family Housing Bonds in the amount of $6,000,000.00 for Eames Partnership Resolution No. 84-225 City Manager Jullie stated notice of this Public Hearing had been published. David Ames, proponent, addressed the proposal . The consensus of the Council was that more information was needed; the application was not complete. MOTION: Redpath moved, seconded by Tangen, to continue action on this item to the Council Meeting to be held on September 4, 1984, to allow City Staff to work with the proponent. Motion carried unanimously. G. Request for Municipal Industrial Development Bonds in the amount of 1,675,000.00 for Reynolds Printing Resolution No. 84-223 City Manager Jullie indicated notice of this Public Hearing had been i published. Finance Director Frane asked that consideration of Resolution No. 84-223 be continued pending receipt of a check from Reynolds for the deposit and also for verification of proper zoning and site location. MOTION: Redpath moved, seconded by Tangen, to continued action on this request to the September 4, 1984, meeting of the City Council as per the recommendation of Finance Director Frane. Motion carried unanimously. H. Request for Multifamily Housing Bonds in the amount of $13,500,000.00 for Chasewood Resolution No. 84-195 City Manager Jullie stated notice of this Public Hearing had been published. Jerry Hertel , Juran & Moody Inc. , addressed the request. There were no comments from the audience, MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-195 , granting preliminary approval of Housing Revenue Bonds in the amount of $13,725,000.00 for Chasewood (Eden Prairie I Limited. ) Motion carried unanimously. I . Request for Municipal Industrial Development Bonds in the amount of 2,750,000 00 or Portnoy Resolution No. 84-194 City Manager Jullie said notice of this Public Hearing had been published. City Council Minutes -11- August 28, 1984 Gerald Portnoy, proponent, was present to answer questions. MOTION : Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-194, granting preliminary approval of MIDB's in the amount of $2 ,750,000.00 .for the Portnoy Project. Motion carried unanimously. Finance Director Frane explained the City could make a "deposit" which would hold the remainder of the Ci ty's cap this deposit must be made with the State. MOTION: Bentley moved, seconded by Redpath, to deposit approximately $34,000 with the State of Minnesota to hold the City's cap. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. J. Fairway Woods 3rd Addition easement vacation (Resolution No. 84-192) _ 1 City Manager Jullie stated notice of this Public Hearing was published. Director of Public Works Dietz addressed the reason for the vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-192, vacating drainage and utility easements on Lot 2, Block 2, Fairway Wood 3rd Addition. Motion carried unanimously. K. Ridgewood West 4th Addition Right-of-Way and Easement Vacation (Resolution No. 84-185)City Manager Jullie said notice of this Public Hearing was published. Director of Public Works Dietz reviewed the details of this vacation request. There were no continents from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-185, vacating drainage and utility easements and right-of-way in Ridgewood West. Motion carried unanimously. L. Lorence 1st Addition Easement Vacation (Valley Pond) (Resolution No, 84-218) City Manager Jullie indicated notice of this Public Hearing had been published. Director of Public Works Dietz reviewed the details of this vacation request. There were no continents from the audience. MOTION: Bentley moved , seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-218, terminating certain easement agreements over part of Lot 1, Block 3, Lorence 1st Addition. Motion carried unanimously. i City Council Minutes -12- August 28, 1984 M. Valley Curve Easement Vacation (Resolution No. 84-233) Official notice of this Public Hearing was published. Director of Public Works Dietz explained the reason for this request. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 84-183, terminating certain drainage and utility easements over portions of the Valley Curve subdivisions. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to continue the meeting past the 11:30 p.m. time of adjournment. Motion carried unanimously. N. Ordinance No. 53-84, amending City Code Section 11.70, Subd. 3.A. & Subd. 5.E_, regarding non--accessory signs, including violations and fines, appeals & variances, especially with respect to campaign signs City Manager Jul 1 i e indicated notice of this Public Hearing had been published. Redpath questioned the 30 day period which signs can be up following the receipt of a notice requesting their removal . Discussion ensued with the Councils consensus being that the time period should be reduced to 3 days. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 53-84, amending City Code Section 11. 70, Subd. 3.A, & Subd. S.E. , regarding non- accessory signs, including violations and fines, appeals & variances, with respect to campaign signs as amended changing the 30 day time period to 3 days. Tangen asked what type of notification is given to candidates advising them of campaign rules and regulations with specific reference to sign policies and procedures. Finance Director Frane outlined the materials distributed to each candidate when he or she files for office. City Attorney Pauly noted what is included in State Statutes. Penzel said candidates are urged to place signs 15' back from the curb. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -13- August 28, 1984 Portions of the August 28th Agenda were continued to September 4, 1984. Minutes for that portion of the Agenda follow. Consequently, items were not acted upon in the order in which they were listed on the Agenda. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Appeal_ David Brown on decision of Board of Appeals & Adjustments on his Lot Size Variance request Nelson Berg, 903 Excelsior Avenue West, Hopkins, attorney for the Browns, stated he was representing the Browns regarding the issuance of a variance request for Mr. Brown to build a residence on his 3. 2 acre lot which is in a rural zoned area. He noted the application was denied by the Board of w Appeals; the four reasons indicated were: traffic concerns on Eden Prairie Road, a statement that the variance was too great and unreasonable, a statement that the parcel could be used for other purposes than a single family dwelling, and that common ownership which may result in hardship was created by the owner. Berg indicated there were materials contained in the Council packet from the Director of Public Works and the Public a Safety Department which indicate that the traffic concerns may not be as great as was felt before. He also stated there was a report from the Building Department informing that the soil and septic information was acceptable and in conformance with City requirements . Jim Benshoof, traffic engineer/consultant, said he was asked to address one central question: whether it was possible to design a single family residential driveway for this property which would meet normal traffic safety standards . Benshoof then reviewed, using schematics , the traffic patterns and situations on Eden Prairie Road and demonstrated relative sight distance patterns . Benshoof also referred to comparable areas in the City. He stated he had inquired about the accident history on Eden Prairie Road and the Department of Public Safety had not indicated any problem in the vicinity of that driveway. Berg added that the City had received a letter form the School District dated April 23, 1984, addressed to Chris Enger, indicating that the School District had looked into the location and access of a school pickup (this was done at Mr. Brown' s request) and had found no reason to raise any objections. John Hansen, 16480 Hilltop Road, stated he has lived in the City for 17 years and during that time has been involved in real estate. He reviewed his involvement with the piece of property which is owned by the Browns as well as his recollections of transactions in that area of the City. He noted his children have ridden the school bus which travels on Eden Prairie Road and he has never felt safety to be an issue. He said he could think of no better use for the Brown property than for a single family dwelling. Berg asked Hansen to comment on the four possible uses which are provided for in the rural zoning district: agricultural , commer- cial stables, public facilities and services, and single family dwellings. l 1 City Council Minutes -14- August 28, 1984 Hansen said he felt agricultural use on this property was impossible due to the steep slope and the forested bluff; horses would destroy the forested area so a commercial stable operation would not be reasonable; it is not the type of place which would be chosen by a telephone company or other public service; consequently, there is no other reasonable use except a single family dwelling. Hansen said most of the rest of Eden Prairie does not have rural zoning anymore because the parcels have been subdivided and developed into smaller parcels; he questioned the wisdom of the ordinance which says lots in the rural area must be 10 acres in size. He said he would like to see the bluffs protected, but did not think allowing the Browns to build a home would damage the bluffs. Penzel noted that the zoning on the Brown property has always been rural . He also stated that even in 1973 the lot did not meet the five acre minimum requirement. Hansen stated that there was a 5 acre minimum at that time and that all lots had been grandfathered. City Attorney Pauly explained that grandfatheri ng is accepting a non-conforming use which is in existence at y. the time of the adoption of the ordinance or the Code. Hansen said he could =; recall a number of properties which had been built on in the past few years which were less than five acres in size . Director of Planning Enger said he was aware that seven or eight years ago building permits were issued on parcels that had been on record prior to 1968; this did not mean it had been a correct procedure and it was something which the. Staff later corrected. Tangen asked when the Brown lot was platted. Berg said these are metes and bounds of unplatted property and the parcels were in existence. Pauly suggested the Council refer to pages 1765 and 1766 in the Council packet which reviewed �. the history of the property. Berg noted that two separate parcels were created in 1967 by action taken by Gingold, Jr. This warranty deed was recorded on October 25 , 1967. Berg said it is his position that by the issuance of that warranty deed two separate legal lots were created and that predated the adoption of the Ordinance in 1969. Bentley asked what the size of those two lots was. Berg said the Nielsen lot was 4.4 acres and the Brown lot was 3. 2 acres. Redpath said the Brown parcel is not shown on the chart until 1972. Berg said if you have one parcel and a portion of that is deeded off, then you have two separate parcels of property; the title is separate, the abstracting is separate and the tax assessment is separate. He stated the parcels have been taxed separately since 1967. Berg noted the Brown parcel shows up on the chart across from October 25, 1967, when the division occurred. Bentley said the question remains as to whether or not this is a buildable site for housing; what is the highest and best use of that property? Berg reviewed the financial dealings which had occurred in regard to the property and which have further complicated the matter. He stated that Brown is proposing a home which is compatible with the intent and spirit of the rural zoning ordinance ; he has plans for a $150,000 home which will use solar passive energy and therefore will be built into the hill . Tangen asked what assurances might have been given •by the City which would have indicated this to be a buildable parcel. David Brown , property owner, said he had spoken to Jean Johnson in 1977 and she had said there was no problem with building on that property. City Council Minutes -15- August 28, 1984 Dean Edstrom, 10133 Eden Prairie Road, asked that the Council affirm the decision of the Board of Appeals. He said he did not consider the request to be a variance but rather a rezoning. Edstrom referred to his letter of April 10, 19a4 , which was included in the Council packet, in which he discussed reasons why the variance should not be granted. He said he felt a key fact was that the parcel was in common ownership with abutting proper- ties at the time of the adoption of the restrictive zoning ordinance and that this defeats any claim of hardship with respect to this parcel . He went on to say that other residents have acquired parcels in the area so as to increase the amount of acreage owned by them to further conform with the present ordinance requirements. Edstrom said he is very concerned about the safety question on Eden Prairie Road. He indicated there are many accidents which are not reported to the Department of Public Safety -- in the Winter accidents caused by slippery conditions and in the Summer accidents resulting from people travelling too fast. He said he is aware of these because the "victims" often come to his home to use a phone to call for assistance. Edstrom said a school bus stop at the location of the proposed driveway would be extremely hazardous. He said there are times when the roads are bad when the School 's Department of Transportation will call and request that their children be picked up at the intersection of County Roads 1 and 4. 4 Loren Wuttke, 16860 Flying Cloud Drive, said he owns 40 acres and would like to have the Browns for neighbors. He said he feels this is a moral issue. He feels the property is subject to vandalism if left in its presen, state. He did not feel size of parcel should be an issue. Berg said variances require the Council to deal with each situation on the merits of that situation. He stated that when the facts fit into a situation f where there is a hardship that is not the doing of the applicant, and circum- stances are such that the variance can be granted in support of the spirit of the ordinance, then there is a responsibility to do that. Berg said he had discussed the law of the common lot situation with City Attorney Pauly and there is conflicting law as to how to interpret that. Benshoof further responded to some of the issues which had been brought up during the course of the discussion. Tangen said from what he heard this evening and from what he had read in the materials distributed to the Council , this lot was formed prior to zoning in 1968. He said he concluded that Brown entered into an agreement for this property in 1977 at which time lots of this size were being allowed to be built on; Brown may have been given information by the City which lead him to believe this was a buildable site. He said he did not think the Council was necessarily setting a precedent in allowing the bluff to be developed because this property is already serviced by a road and would need only a driveway. Tangen moved to recotrnnend the variance be granted. The motion died for lack of a second, I City Council Minutes -16- August 28, 1984 Tangen expressed concern about preservation of the bluff. MOTION: Redpath moved, seconded by Anderson, to affirm the decision of the Board of Appeals. Redpath said for as long as he has been on the Council , there has been K concern regarding the reservation of the bluffs; g g p that was the rationale behind the 5 acre and then the 10 acre limitations. He stated the entire southwest corner of the City is under that same restriction. Bentley said he had not heard any compelling reasons for granting the variance. He did not feel it was in compliance with the City Code. Penzel felt the responses in support of the granting of the variance were justifications citing examples along the top of the bluff not at the base and were, therefore, dramatically different from this proposal . He said he felt the ordinance changes which were imposed originally in 1968-69 and which were modified later on would have made this lot unbuildable even in 1977 much less 1984. City Attorney Pauly requested that the Council provide reasons and findings in support of whatever its ultimate decision. He suggested this be referred to Staff for drafing in support of that position. Pauly also noted that the Minutes should reflect the fact that pages 1750 - 1857 of the Agenda refer to this question and are a part of the evidence which has been con- sidered by the Council . With the consent of the seconder, the motion was restated to read as fol 1 ows: MOTION: Redpath moved, seconded by Anderson, to affirm the decision of the Board of Appeals , and to refer the matter to the City Attorney for a drafting of a Resolution stating the Council 's findings, reasons for denial and those findings . Motion carried with Tangen voting "no." V. PAYMENT OF CLAIMS NOS. 15319 - 15717 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 15319 - 15717. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. Tangen suggested the balance of the Agenda be considered at the September 4th meeting. Penzel asked if there was anything which required Council action this evening. City Council Minutes -17- August 28, 1984 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS C. Report of Director of Community Services 1. Proposed study of lake Riley Director of Community Services Lambert referred to his memorandum of August 23, 1984, in which the proposed Lake Riley Improvement Project was discussed. MOTION: Redpath moved, seconded by Anderson, to authorize up to $5,000 to prepare a preliminary study on potential biomanipulation of Lake Riley to clean up the algae and weed problem. Roll call vote Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. A. Reports of Council Members Q 1 Y Penzel - reported on a meeting he had. with Don Chmiel and Sam Hi guchi of Northern States Power regarding the designation of a power line M routing for Highway 212. XII . ADJOURNMENT MOTION: Bentley moved, seconded by Penzel , to adjourn the meeting to 7 p.m. on Tuesday, September 4, 1984, at which time the unfinished business from this evening' s Agenda will be completed. NOTE: VIII. A. 1st Reading of Ordinance No. 56-84, amending City Code Chapter 9, Section 9.40, Firearms Regulations, and Adoption of Resolution No. 222, outlining criteria to be used for issuance of Hunting Permits by the Public. Safety Department was moved to the Consent Calendar as item II . M. m ry City Council Minutes -18- August 28, 1984 ROLL CALL: all members were present Mayor Penzel reconvened the meeting at 7:00 p.m. , Tuesday, September 4, 1984, which was continued from Tuesday, August 28, 1984. VII . APPOINTMENTS A. Appointment of member to the Human Rights & Services Commission for a term to expire 2/28/87 MOTION: Anderson moved, seconded by Bentley, to appoint Leslie Thoreson to the Human Rights & Services Commission for a term to expire 2/28/37. Motion carried unanimously. B. Appointment to the Minnetonka School District Advisory Council {indefinite term) J MOTION: Bentley moved, seconded by Anderson, to appoint Bob Mavis to the Minnetonka School District Advisory Council for an indefinite term. Motion carried unanimously. t X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS B. Report of City Mana er There was none, D. Report of Finance Director 1. Clerk ' s License List MOTION: Bentley moved, seconded by Redpath, to approve the Clerk' s License List with the provision that the stipulation be made in granting the kennel license for Darrell and Sally Olson of 156D8 Park Terrace ) Drive that, should an animal die it will not be replaced. Anderson noted that concerns had been expressed regarding this license $ in letters received by the City Council . He asked if it would not be 1 easier to address the problems prior to granting the kennel license. City Attorney Pauly said that provisions on the licensee can be placed in granting a license. Anderson said he felt that someone requesting a kennel license should be doing so with a clean past and not under the circumstances under which this license is being granted. Tangen said there would have to be a violation cited rather than just a complaint against the licensee. VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -19- August 28, 1984 VI . REPORTS OF ADVISORY COMMISSIONS A. Development Commission - Recommendations on Municipal Industrial Develop- ment Bond Guidelines City Manager Jullie referred to Assistant to the City Manager Dawson" s memorandum of August 28, 1984. Jullie said he thought it would be appropriate for the Council to comment on the guidelines and to refer them back to the Development Commission for more discussion. y' Redpath said he would ask the Development Commission to include family restaurants . i MOTION: Anderson moved, seconded by Bentley, to refer the recommendations on Municipal Industrial Development Bond Guidelines back to the Development Commission. Bentley asked how the Commission came up with the percentage in #5; he would like to know what the definition of small business is in #6; he felt #7 might be very limiting; acid in #8 he wondered what might be a credit enhancement device. ! Tangen said he had a problem with being too locked in on #5; it might be too restrictive. VOTE ON *rHE MOTION: The motion carried unanimously. Jullie said this will probably be on the Council Agenda for the 2nd meeting in October. ' EW BUSINESS here was none. KII . ADJOURNMENT MOTION: Tannan moved, seconded by Redpath, to adjourn the meeting at 7:22 p.m. Motion carried unanimously.