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City Council - 09/09/1969 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, September 9, 1969 7:45 P.M. Village Hall The invocation was given by Reverend Alden Keiski . The Council and others in attendance joined Mayor Osterholt in the Pledge of Allegiance. Members present : Mayor Osterholt, Councilmen; Haugen, Nesbitt, Redpath, and Lieb. Also present were Manager Goerge Hite and attorney Harlan Perbix. I. MINUTES OF AUGUST 26 1969 r, Lieb asked that the minutes of August 26, 1969 be corrected by changing the spelling of his name to "Lieb", inserting the first name of "Nan" Jean Bofenkamp as an appointee to the Park and Recreation Commission and adding the notation that the Council had asked that the Village Manager request the Hennepin County Highway Department to reduce the allowable speed limit on County Road 4. With these corrections the Minutes were unanimously approved. II. APPOINTMENTS A.`—�p'ointment of Youth Members to Advisor Commissions Mayor Usterholt with the consent of the C uncil made e of 1 owi ng appointments to the Advisory Commissions. PARK AND RECREATION COMMISSION 'Rbn Al I ar Nan Jean Bofenkamp PLANNING AND ZONING COMMISSION obin Wise Steve Geiger t HUMAN RIGHTS COMMISSION Tom o rT quez Nancy Gisborne INDUSTRIAL COMMISSION Steve Pleficha Mark Miller Mayor Osterholt then welcomed each of the new appointees and said that he felt that they as representatives of the young adult citizenry of the b Village would be able to make a substantial contributions to the work of their respective commissions by virture of their special and unique insight into matters affecting the welfare of the community. Mr. Lieb recommended that the Council establish a Youth Advisory Commission whose initial membership would be represented by those being appointed this evening. It's general purpose would be to advise the Council on all ( matters affecting the youth of the community. Mayor Osterholt suggested that this be accomplished in the same manner as the recently established Citizens Advisory Commission. Mr. Lieb moved that the attorney be asked to prepare a resolution establishing a Youth Advisory Commission. Mr. Nesbitt seconded. All voted aye. Motion Carried. Council Minutes Septmeber 9, 1969 Page 2 B. Alternate Member of the Southwest Sanitary Sewer District Board Mr. Nesbitt moved that Mayor Os erholt be appolnted as the Village's alternate member of the Southwest Sanitary Sewer Board. He noted that the Mayor's early experience on the Board made him well qualified to assume this responsibility. Mr. Leib seconded. All voted aye. Motion carried. III. AWARD OF BIDS A. r re Truc#c 3 The Manager presented a tabulation of bids taken at 11 a.m on September 5, 1969. The uids had been submitted by five bidders, the apparent low bidder being Ward LaFrance Company, with a bid of $32,841 .00. The A Manager recommended that the contract be awarded to the second low bidder, General Safety Equipment Corporation in the amount of $33,700.00. He said the recommendation was base on the fact that the Ward LaFrance bid was not responsive to the bid document and that the unit proposed y did not comply with the specifications. He noted that both Fire Chief Ray Mitchell and specification consultant Jim McNeilis of Edina Fire r Department concurred in the recommendation. He said he had advised the Ward LaFrance Company representative that he would be recommending an award to the General Safety Equipment Corporation. The Manager futher recommended that the contract be for the base bid (truck only) 7 and that the automatic transmission, and generator be deleted. Delivery - date of General Safety Equipment Corporation was indicated to be December 15, 1970. Mr. Redpath moved that the contract for the purchase of a 1 ,000 gallon perfminute fire truck be awarded to General safety Equipment Corporation in the amount of $33,700.00. Mr. Haugen seconded. On roll call , all voted aye. B. Fire Station-Public Works Building Site Preparation The Manager presented a tau at on of bids received at 10 a.m. on September 9, 1969, for site preperation work for the Fire Station Public Works Center. He recommended that the contract be awarded to the low bidder, G.L. Contracting Inc. , on the basis of their base bid of $7,097.15. The engineers estimate for this work was $7,464.20. Mr. Redpath moved that the contract be awarded in the manner recommended by the Manager. Mr. Lieb seconded. 0n roll call , all voted aye. Motion carried. IV. PUBLIC HEARINGS A.`Pro osed Zoning Ordinance The Village anager reported a there !mod been no substantive changes in either the Ordinance of the Zoning Map since the last Public Hearing. Attorney Harlan Perbix and Planning Consultant Don Brauer both commented on the proposed Plan Study District section of the Ordinance. Mr.Perbix noted that the section as now drafted required that the Council designate the "reversion" zone at the same time as it classifies property to the Plan Study District. Mr. Brauer commented that the Council had two "reversion designation" alternates available for consideration with regard to the initial Plan Study district designations. The first alternate would designate the " reversion district" as that being most closely akin to Council Minutes September 9, 1969 Page 3 the Comprehensive Guide Plan designation or to the Rural District, which is intended for those situations where the absense of information on thoroughfare systems, utility services, and land use patterns would make actions rezoning individual properties inconsistant with the comprehensivness required by both the zoning ordinance and State law. The second alternative would be to designate the "reversion district" to be that most Closely associated with the existing zoning on the property. This alternative would in some instances provide designations in conflict with the Comprehensive Guide Plan but would give the greatest recogniation possible to whatever "rights" property owners may have by virture of the existing zoning of their property. Mayor Osterholt asked in what manner the property along Eden Road -was classified in Zoning Proposal No.3. He was advised that the area was classified as Rural. He also asked Mr. Perbix if the American Legion would be able to expand their club facilities if their property were classified into the Planned Industrial District. Mr. Perbix said that he felt that in order to be able to expand the club's building it would have to be zoned into one of the commercial districts. Mayor Osterholt also asked if the Village fully compl4ed with the laws and ordinances with regard to hearing notice. Mr. Perbix said that the Village had exceeded the requirements for hearing notices. Mr. Lynn Grannes questioned Mr. Brauer about the ap,)ropriateness of designating the Plan Study District reveresion district to be that most closely associated with the existing zoning. He specifically asked if this action woul dot't have the effect of ami ntai n i ng some of the Industrial Zoning in western Eden Prairie which the Comprehensive Guide Plan suggested should be changed to Residential. Mr. Grannes contended that the retention of old Industrial Zoning as projected in the Comprehensive Plan would create an imblance between Industrial and residential development within the Village. Mr. Brauer indicated that if the existing Industrial Zoning in western Eden Prairie were to be retained, the Village should reconsider some of its Comprehensive Plan Industrial proposals in the eastern area of the Village. Mr. William Kelly., Mr. Roy Johnson and others who own property on or near Bryant Lake asked if the new zoning ordinance and its accompaning Land Classifications would establish multiple residential zones on Bryant Lake. The Manager replied that that was not the case in that the classifications now under consideration designated the undeveloped areas around Bryant Lake as Rural . He added that the Comprehensive Guide Plan suggested that multiple zoning might be appropriate on some portions of the lake, particularly at the south end adjacent to the 494 cloverleaf. Mr. Brauer added that the Guide Plan suggested multiple residential development on or near Bryant Lake partially in response to the anticipated high density commercial or industrial development around the 494 cloverleaf. He added that he felt that the changing economics of land use for properties adjacent to lakes in a urbanized area made it Council Minutes September 9, 1969 Page 4 quite likely that these properties would be developed for multiple residential rather than single family residential purposes. Mr. Jim Hawks of Midwest Planning, representing the owners of property along the north side of TH 5 just west of Mitchell Road extended, asked if that property were to be classified Industrial. The Manager replied that all the properties along Highway 5, including parcels mentioned by Mr. Hawks were proposed to be classified Plan Study District. He noted that the current Highway Department proposals for the relocation of TH 5 were the reason for the proposed Plan Study District designation. Mr. Redpath moved that the public hearing on Ordinance No. 135 be closed. Mr. Lieb seconded. All voted aye. Motion carried. Mr. Redpath moved that the first reading of the Ordinance No. 135 including the adoption of the Zoning Classification Proposal No. 3 as amended. Mr. Haugen seconded the motion. Mayor Osterholt said that he felt the minimuim area for Planned Development should be increased to 25 acres and asked that the motion be amended to incorporate this change. The Mayor also suggested that the Board of Appeals be enlarged from three to five members, with three of the members to be: represented by citizens, one to be a member of the Planning Commission and one to be a member of the Council. Mr. Perbix advised the Council that it would need to designate the reversion district's for the proposed Plan Study":Classifications. Mr. Redpath then .. amended his motion to that it incorporated the increase in the Planned Development minimum area to 25 acres, the enlargement of the Board of Appeals to five members, and the designation of the Rural District as the reversion district for each of the Plan Study District Classifications. Mr. Haugen accepted the amendments. Mr. Warren Knott, an attorney representing the Pure Oil Company, said that it was his position that the designation of the Pure Oil Company property at the intersection of County Road 4 and TH 5 as Plan Study was acceptable, considering the Highway relocation plan, but that his client could not agree with the proposed "Rural" reversion designation. He added that the purpose of the Plan Study District was to enable both the Village and the property owner to give additional consideration to the appropriate zoning of the property without prejudice to either party. He said that he felt the Rural designation failed to comoty with the prejudice" objective. On roll call , all -members voted aye on Mr. Redpaths motion. Motion carried. The Manager suggested that the second reading of Ordinance No. 135 be held on the 14th of October, in order that printed copies of the Ordinance as it was adopted at the first reading might be available for consideration in advance of the hearing. Mr. Redpath moved that the Council consider the second reading of the Ordinance No. 135 at its meeting October 14, 1969. �; Mr. Haugen seconded, All voted aye. Motion carried. Council Minutes September 9, 1969 Page 5 V. PETITIONS REQUESTS AND COMMUNICATIONS A7 Don 01son-LOt Division, o. Rd.1— Mr. sons request to divide a parcel of land located on the north side of County Road l just west of County Road 18, was presented by the Village Manager who noted that the proposal had been reviewed and approved by the Planning Commission after public hearing. Mr. Lieb moved that the Council adopt a resolution authorizing the division of parcel 7240, Section 25 into two parcels in the manner proposed by Mr. Olson. Mr. Haugen seconded. All voted aye. Motion carried. B. Eden Prairie Bod Shop Mr. Frax Otto, an attorney for Richard Sirrmet owner of the Eden Prairie Body Shop, appeared and requested the Council to waive the application of Ordinance No. 136 in order that his client might secure a building permit for a new body shop. The Village Manager said that there was considerable question as to whether or not a person could operate a body shop at this location and continue to comply with the regulations in the proposed zoning ordinance. He recommended that the request be denied and reconsidered following the adoption of the new zoning ordinance. Mayor Osterholt asked a number of questions about the nature of the proposes' operation and then suggested that consideration of the request should wait the adoption of the new zoning ordinance. Following some additional discussion , it was agreed that Mr. Simmet would submit additional material to the Village for review prior to the Council meeting of October 14, 1969, and that if the new zoning ordinance were to be adopted that evening , consideration would be given to the body shop proposal . C. Modern Tire Com an Mr. Richard and' ames uvick appeared before the Council requesting that Ordinance No. 136 be waived so that they might secure a building permit for an expansion of their existing Modern Tire Company facility at 9051 Flying Cloud Drive. They presented a letter indicating their will- ingness to fully comply with the applicable rules and regualtions of the Comprehensive Zoning Ordinance, now being considered by the Village Council and guther stateing that if the requested permit were to be issued that they would not request any additional building expansion permits. The Village Manager recommended that the Council authorize the issuance of a building permit providing the building proposal fully complied with their requirements in the proposed zoning ordinance. Mr. Haugen moved that the Council waive Ordinance No. 136 with regard to the Modern Tire Company building permit request and that the Village Manager be authorized to issue the permit providing the proposal fully complied with the provisions of the proposed zoning ordinance. Mr. Redpath seconded. All voted aye. Motion carried. Council Minutes September 9, 1969 Page 6 V. PETITIONS, REQUESTS AND COMMUNICATIONS b. Joseph Ruzl�cTi uor—License Mr. Joseph Ruzlc made his request for an on sale liquor license for his Branding Iron Resturant on Highway 169. Mr. W.C. Geimer, an attorney representing Mr. Ruzic, said that he realized the Council had not yet exercised any of the options available to as a result of the liquor referendum last year, but urged that they proceed to do W so. Mr. Ruzic presented a proposed building plan for the structure he might build if issured a liquor license and noted that it contained about 8500 sq.ft. , and would seat approximately 400 people, and had an estimated value of approximately $300,000.00. Mayor Osterholt advised Mr. Ruzic that the Council had the matter under consideration and that it would probably request the new Citizens Advisory Commission to review the entire matter and make recommendations for the Council to consider. VI. RECOMMENDATIONS AND REPORTS A. Sale of Village Truck The Village Manager recommended that the Council authorize the sale of a 1951 four wheel drive truck owned by the Village which has been inoperative for some time. The Manager reported that he had placed an advertisement for the sale of the truck in the Sun Newspapers and had it posted in a number of locations within the Village, but that only one bid had been received. The bid submitted by Mr. Ray Stodola in the amount of $51 .00. The Manager reported that the truck had an insured value of approximately $500.00 and that the insurance cost for the truck was about $84,00 per year. He recommended that the Council authorize the Village to sei, the truck described by the Village Manager to Mr. Ray Stodola for $51.00. Mr. Nesbitt seconded. On roll call, all voted aye. Motion carried. B. Purchase of Used Rescue Truck The Manager reported at the age of Edina Fire Department was accepting sealed bids for a rescue truck it no longer needed. He said the Eden Prairie Fire Department had recommended that the truck be purchased and noted that it contained a 3,000 watt generator. Mr. Redpath moved that the Village Manager be authorized to submit a `aid for the vehicle at a price not to exceed $1 ,000.00. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. C. S ecial Assessment Hearing Date The Village Manager recommended that the Council set Tuesday, September 30, 1969 , as the date for a special assessment hearing on Street Improvement project 69-1 and reassessment hearings on Sanitary Improvement No.l and the Wallace Road sewer and water improvement. Mr. Nesbitt moved that the hearings recommended by the Manager be held. Lieb seconded. All voted aye. Motion carried. Council Minutes September 9, 1969 Page 7 V1. D. 1970 Budget_ The Village Manager requested that the Council meet at 7 30 P.M. on Monday, September 15, 1969, for the purpose of reciving and reviewing his recommendations for the 1970 annual Village budget. Mr. Lieb moved that the Council hold a special meeting at the date and time recommended by the Manager for the purpose of reviewing the 1970 budget. Mr. Nesbitt seconded. All voted aye. Motion carried. VII. ORDINANCES A. UrdiFance No. 138 The Village Manager recommended the adoption of the second reading of Ordinance No. 138. He read the entire proposed ordinance and asked Mr. Mike Gerdts, Eden Prairie Fire Marshall to display a number of burning containers which comply with the proposed ordinance requirement that all burning be within an "approved container". MR. Gerdts, then displayed three containers and briefly described the meaning of the term : "approved container". Mr. Redpath moved the second reading of Ordinance 138. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. FINANCES A. Audit of Claims 6621 thru 6692 Mr. Haugen moved thate Counc=authorize the payment of claims 6621 thru 6692. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. B. Audit of cash & Investment Re orts dated August 31 & September 9 1969 The Council reviewed the submitted reports. No act on to en. C. Audit of Budget Statement lst 8 months of 1969. The Manager presented a financial statement canpar ng estimated and actual revenues and expenditures for the first eight months of 1969. The revenue statement disclosed that revenues were 52.8% of the total expected for the year, while expenditures were 49.2% of the total years appropriation. D. Appointment of Auditor z The Village Manager recommended that the Council employ George M. Hansen and company as auditors for the calendar year of 1969. Mr. Haugen moved that the recommendation be approved. Mr. Redpath seconded. On roll call , all voted aye. Motion carried. t 3 Meeting adjourned at 11 p.m. Edna M. Holmgren,, Clerk