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City Council - 08/12/1969 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tueday August 12, 1969 Prairie View School 7:35 P.M. The invocation was given by Reverend William Bernstehv The Council and others in attendance joined Mayor Osterholt in the Pledge of Allegiance. Members present were Mayor Osterholt; Councilmen, Haugen, Shultz, Redpath and Nesbitt. Also present were Manager George C. Hite and Attorney Harlan Perbix. f Mayor Osterholt welcomed those in attendance and explained the purpose of the series of scheduled neighborhood meetings the Council was conducting over the next three or four months. He expressed the appreciation of the Council to the School Board for the use of the Prairie View School . I. MINUTES OF JULY 22 1969 Action o t. e minutes of July 22, 1969 was tabled until the next regular Council meeting. II. PUBLIC HEARINGS A. Proposed Zoning Ordinance. Mayor usterholt announced thatthe hearing represented a continuation of a hearing orginally held on July 8th and was specifically addressed to the consideration of the Zoning Map section of the proposed Comprehensive Eden Prairie Zoning Ordinance. The Village Manager briefly reviewed the status of the Comprehensive Zoning Ordinance and presented a proposed land calasification map dates August 11, 1969, and labled "Zoning Classification Proposal No.3". He also presented a proposed addition to the zoning text, which would add another zoning district labled "Plan Study (PS)". He breifly related the criteria and guide lines upon which both the proposed Classification Map and the additional Plan Study District had been established. He advised the Council that at its meeting on Monday August 11 , 1969, the Eden Prairie Planning Commission had unaminously recommended both the proposed Plan Study District and the Zoning Classification Map Proposal No. 3 to the Council for adopti6n-. . This action was set forth in the minutes of their meeting. r Mr. Wallace Odell , an attorney representing Mr. Marty Grill, asked the Council to include all of Mr. Grill 's property in the proposed Industrial Park District. He noted that a portion of the property represented by a strip along the highway, was presently zoned Industrial . Mr. Peter Lundberg, an attorney representing Mr. Oscar Schmidt, noted that Mr. Schmidt had a commercial operation on Highway 169 on property now zoned Manufacturing, and asked the Council to zone his clients property for commercial use. Mr. Bill Rosen, and attorney representing the owners of approximately 520 acres of land located west of County Road 4 and along the railroad right-of-way, commented that the proposed Plan Study District { was unique and as such deserved more consideration by the Council } Council t'i notes August 12, 1969 Page 2 before it might take any action on it. He noted that the classification map incorporated the Plan Study District and suggested that since the Council has yet to hold a first reading on the Plan Study section that action on the Classification Map would be premature. { Mr. Loren Knott, an attorney representing Union Oil Co. , said that the proposed Plan Study classification of his clients property located on the northwest corner of TH 5 and County Road 4 as Plan Study was objectionable, particulary in the light of the reversion sectior now contained in the Plan Study Section. He said that he felt that a existing valuable property right would be removed if the Council were to zone the property as recommended by the Planning Commission. m Mr. Jim Brown, asked if the American Legion Club, on County Road 4 would be permitted to expand its facility if it were to be located i within the proposed Industrial Park Zone. Mr. Perbix was asked to review this matter. Nr. :",i ke Ames, who lives on the south side of TH 5, west of County Road 4, asked if the Council was at this time making additional changes in the minimurr. residential lot area requirements. Mayor Osterholt advised Mr. Ames that the Council had previously adopted the first reading of the text protion which did incorporate changes of'this nature, but that no such changes were under consideration at this hearing. !1r. Lloyd Cherney, advised that he was considering the purchase of a portion of the Grill property, now zoned Manufacturing, and asked--that the Ccuncii consider classfying all the Grill property into one of the Industrial Park Zones. Mr. Lloyd Ivers , a resident of Eden Prairie, asked Mr. Perbix if he felt that the proposed Plan Study District could stand up in court. Mr. Perbix replyed that he could not see anything in the Plan Study Proposal that weakened the Ordinance, but that rather its includsion probably served to strengthen the overall Ordinance. t1r. Haugen asked Mr. Perbix if he felt that the addition of the Plan Study section constituted a major change in the text portion of the Ordinance. , and if such a change would necessitate a new first reading of the text. Mr. Perbix replyed that the addition of the Plan Study Section would probably constitute a major change and thus necessitate a new first reading of the zoning ordinance text. Mr. Haugen also asked on what basis a use not normally permitted within an specific district might be accornoda ted, and sited the American Legion as an example. The Village Manager advised that he would recommend that if the Council felt it desirable to permit a use in an area not normally zoned for that purpose that it should actually rezone the property. i Council Minutes August 12, 1969 Page 3 Mayor Osterholt asked to have the Plan Study reversion provision clarified. The Manager advised that under the terms of the proposal as it was now presented the Council would actually establish the district to which the property might later revert at the time it established the initial Plan Study designation. Mr. Redpath asked what effect the establishemtn of Industrial Zoning on properties depicted on the Guide Plan as non-industrial might have on the remainder of the Plan and specifically those areas labled Industrial . The Manager replyed that if the Council felt that only a certain number of gross acres should be devoted to Industrial use within the Village, that it would be necessary for the Council to remove some of the Guide Plan Industrial designations as new Industrial areas were created. He commented that he felt that the maintenance of acreage balance should not be the sole criteria for considering the appropriateness of Industrial Zoning on a particular tract. The Council reviewed the Planning Commission's recommendation and concured that the Classification Plan as recommended by the Planning Commission complied with the objectives and purposes of the Zoning Ordinance to the greatest extent possible. Mr. Redpath moved that the Council approve the first reading of the Zoning Classification Map as it had been recommended to the Council by the Planning Commission. Mr. Shultz seconded. On roll call , all voted aye. Motion carried. Mr. Haugen moved that the hearing on the proposed Comprehensive Eden Prairie Zoning Ordinance be continued until September 9, 1969. Mr. Redpath seconded. All voted aye. Motion carried. III. PETITIONS REQUESTS AND COMMUNICATIONS A. Southwest San aU Sewer Sistrii'ct The ma er was continued o tie meeting of August 26, 1969. B. Sheridan Avenue Residents The Council considered a pea on presented by a number of property owners on Sheridan Avenue, requesting that their street be deleted from the recently approved temporary street improvement project STR-69-1 . The Village Manager recommeded that the Council establish a policy of only making such deletions after a project had been approved in thoses situations were circumstances or information not available at the time of the orginial hearing and Council authorization was in evidence. He commented that the Village's relationship with contractors who bid on Village work would be seriously hampered if the Village developed a reputation of changing the content of projects after requesting contractors to submit bids. He noted that in this instance the portion of street work which the Village was to accomplish with its own forces had been completed and that bids have been received from contractors for the remaining work. A number of the residents along Sheridan asked questions about the nature of the proposed work and indicated that many Council Minutes " August 12, 1969 �l Page 4 had signed the petition believing that the proposed work represented only a light oiling. The Manager explained that the proposal incorporated two applications of street oil and an aggregate seal . Most of the property owners present indicated that on this basis they had no objection to the project. Mr. Redpath moved that the petition be filed. Mr. Haugen seconded. All voted aye. Motion carried. C. Hennepin County League of Municipalities This matter was continued until the meeting of August 26, 1969. 0. Eden Prairie Body Shop Mr. Ot o representing mrimmet, owner of the Eden Prairie Body Shop, asked the Council to waive the provisions of Ordinance No .136 and to direct the Village Manager to issue building permit for a new shop building to be constructed adjacent to the existing building. These buildings would be located on the east side of Highway 169 between the Presbyterian Church and Eden Prairie Motel . The Village Manager recommended that the Council authorize the permit if the existing building were to be removed immediately. and if this could not be accomplished, that the permit be denied with the intent that it would be reconsidered following the adoption of the new Zoning Ordinance. 11r. Otto said that for a number of reasons, including mortgage commitm�:nts, it would be impossible for Mr. Simmet to remove the existing structure and that while they concured in the Village's desire to improve the appearance of the area, they felt that the requirement that the existing structure be removed if a new structure were to be constructed would be arbitrary. Mayor Osterholt commented that he felt the Council should review this situation and inspect the property before taking any action. Mr. I:esbitt moved that the Council continue the matter until August 26th and that during the interval it would give the matter additional study. Mr. Haugen seconded. All voted aye. E. Patrick Casey-Zoning Variance. Padon Drive Mr. Casey requested a zoning variance permitting him to construct a garage within three feet of his west property line. He presented a stater;ent from the adjacent property owner indicating that he had no objection to -the proposal . It was noted that because of the topography of 'Ir. Casey ' s property it would be impossible to construct a garage to the rear of the house as had been done by many others in the block. The Manager noted that the resulting distance between Mr. Casey's structure and that of his neighbor's would be 33 feet, which is three feet in excess of the 30 feet required by the Ordinance. He also noted that if the garage were to be located to the rear of the structure that it could be three feet from the property line. Mr. Redpath moved that the Council grant a zoning variance to Mr. Patrick Casey allowing him to construct a garage within three feet of his side of south property line. Mr. Haugen seconded. All voted aye. rloti on carried. Council t Ei nutes August 12, 1969 Page 5 F. Warren Shultz Fir. Shu tz s letter of resignation from the Village Council to be effective August 13, 1969, was received. The letter explained that he was resigning so that he might accept an appointment to the Metropolitan Sewer Board. Mr. Redpath moved that the Council reluctantly accept the resignation and that it extend his communitie's thanks for his many years of service and wish Mr. Shultz the very best in his new responsibilities Mr. Haugen seconded. All voted aye. Motion carried. IV. SPECIAL NOTHWEST EDEN PRAIRIE SESSION e Village Manager presen a report on a number of subjects having revelence to the properties in the northwest sector of the community. He commented on the Village's current sewer and water utility planning. road improvement plans, park development proposals, Duck Lake water rs elevation control and pending Village and School District development in the Round Lake Area. He responded to a number of questions from t;-,ose in attendance. Some of the residents indicated that there was some evidence of a rat problem in the area and asked that the Village contact the Village of Minnetonka regarding the dump area along the north side of town line road near Scenic Heights Road. V. RECOMMENDATIONS AND REPORTS A. Award of Street Oiling and Sealing Bids Mr. Nesbitt moved that Contract b9-Z be awarded to Hennepin Bl acktoppi ng Co.Inc. , for $11 .840.00. Mr. Shultz seconded. On roll call , all voted aye. B. Award of Street Grading & Graveling Contract Mr. Redpath move tat Contract 69-3 be awarded to Hennepin B1 acktoppi ng Co.Inc. , in the amount of $2,662.00. Mr. Haugen seconded. On roll call , all voted aye. C. Property Division R. Kerber Mr. Ker er s request was presented, by the Village Manager who noted that it had been reviewed and approved by the Planning Commission. Mr.Redpath moved that the proposed division of the Kerber property resulting in a parcel 200x220' plus an easement for the future extension of Kilmer Drive be approved subject to the Kerber's submitting an agreement whereby that will 4 ncoaporate said parcel in the plat of the4r remianing property. Mr. Nesbitt seconded. All voted aye. Motion carried. D. Summit Drive. Addition to Project STR-6_9-1 The Village Managerrecommended that 5umm1t Avenue be added to Project STR-69-1 , in response to a phone poll of property owners showing all but ' one in favor. Mr. Redpath moved that Summit Avenue be added to the list of streets to be temporarily improved in Project STR-69-1 . Mr. Haugen seconded. Ali voted aye. Motion carried. Council Minutes August 12, 1969 Page 6 E. Site Grading for Fire Station & Public Works Buildin The Village anager requested permission to prepare p ans and secure bids on this work. He said that having this initial site work accomplished by a grading contractor before awarding a contract for the building would shorten the total construction time by about three weeks and probably reduce total costs. Mr. Nesbitt moved that bids for the requested site work be received on September 5, 1969. Mr. Redpath seconded. All voted aye. Motion carried. F. Ordinance No. 137 Attorney Perbix recommended the adoption of this Ordinance which would increase misdemeaner fines and penalties in accordance with recently enacted State enabling legislation. M.r. Redpath moved the Council approve the first reading of Ordinance 137. Mr. Shultz seconded. On roll call , all voted aye. Motion carried. G. Ol is Hills Golf Club The village anager report the results of his recent inspection of the Olympic Site and conversations with the owners and builders. He said that on the basis of these contacts and additional information supplied by the owners , he was issuing the land alteration permit in accordance with Ordinance 8. He cited some possible problems with fairway con- struction in the bed of old Neil Lake, but that overall the project should become an asset to the Village. �a H. Ki ngdal a Kennels. The Manager's report on noise complaints at the Kennel was deferred until the August 26th meeting. I. Kings Forest School-Park Site Purchase. The Manager recommended that the Village purchase approximately 26 acres on the north side of Holly Road just west of Baker Road for $85,000.00. The land would be used as a combination school-park site, with the School District reimbursing the Village for approximately one-half the site cost, less Federal Grants. The Federal Grant is about $33.000.00 with the resulting cost to the School District and Village, being about $26,000.00 each. Mr. Pat Casey, Chairman of the School Board, reported that the School Board had approved the purchase and cost sharing plan. The Manager reported that two appaisals on the property places its value at $70,000.00 and $105,000,00j He noted that about $15,000.00 of the value was attributable to the house on the property. Mr. Haugen moved that the Village purchase the 26 acre site for $85,000.00. Mr. Redpath seconded. On roll call , all voted aye. notion carried. VI . FINANCES A. ouchers 6486-6620 Mr. Haugen moved that claims 6486 thru 6593 abd 6595 thru 6620 be approved for payment. Mr. Shultz seconded. On roll call , all voted aye. Motion carried. i k A Council Minutes August 12, 1969 Page 7 B. Treasurer's Report The Villa`geManager noted that the Village's accounting system had been substantially revised so that it better related to the budget and permitted improved management reporting and control. The treasurer and auditor had participated in the revisions. The July Treasurer's report was reviewed by the Council . Meeting adjourned at 10:45 P.M. Edna M. Holmgren, Clerk I