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City Council - 10/27/1970 - Village Meeting �1) MINUTES EDEN PRAIRIE VILLAGE COUNCIL ri,.'.J Tuesday, October 27, 1970 7 :45 P.M. , Village Hall Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt, Redpath, and Lieb. Also present were Village Manager George C. Hite and Assistant Village Attorney Keith Simons, I. MINUTES OF OCTOBER 13 1970 e Minutes of October 13, 1970 were approved without correctior:. II. PUBLIC HEARINGS A. PlanneU-'S—tudy District Reclassification. The Village Manager reported that the Notice of Hearing had been publishR UT-the Minnetonka-Eden Prairie Sun on Thrusday, October 15, 1970 and mailed to all af;rected property owners on that same date. He noted that the Planned Study District properties now being considered for reclassification had initially been zoned Planned Study District in November 1969 Ordinance 135 requires that P.S.Districts be reclassified withon one year. He then presented the Planning Commission recommendations which were established at their meeting on October 6, 1970. The Mayor asked that the Council consider each of the 10 existing Planned Study areas seperately. Area 1 P.S. D strict along T.H.169 between County Road 18 and Interstate 494. The ( Manager reported that the existing P.S.District was now situated wholly within trunk highway right-of-way. The Planning Commission had recommended that the oilarea be reclassified as rural . Mr. Redpath moved the preparation of an ordinance reclassifying Area 1 to the Rural District. Mr. Haugen seconded. All voted y aye. Motion carried. Ld Area 2 P.S. U strict situated on the east side of Baker Road and south of County Road d 62. The Manager reported that the Planning Commission had recommended Planned CL Study District because of the continued uncertainity about the State and County ab Highway Plans in this area. Mr. Redpath moved the preparation of an ordinance reclassifying Area 2 as a Planned Study District. Mr. Nesbitt seconded. All voted aye. Motion carried. C� o Area 3. O ��Ftrict situated along the north side of T.H. 5 between Purgatory Creek n on the east and notee and the Chicago Northwestern Railroad on the west. The Manager reported that the Planning Commission recommended that the westerly portion of the area occupied by Louver Manufacturing, NSP and Och Brick and Tile be classified as Industrial General in recognition of these established uses. The easterly portion of the area is represented by the proposed Edenvale Industrial Park. That property would be considered at subsequent hearings. Mr. Redpath moved the preparation of an ordinance reclassifying the westerly portion of Area 3 to Industrial General . Mr. Nesbitt seconded. All voted aye. Motion carried. i j Council Minutes October 27, 1970 Page 2 Area 4. .S�istrict situated north of T.H.S and between the Chicago Northwestern Railroad on the east and County Road 4 on the west. The Manager reported that the Planning Commission had recommended that Area 4 be reclassified as Rural . An attorney representing the Minneapolis Floral Company, whose property was situated within Area 4 advised the Council that his client was opposed to the proposed Rural classification. He indicated that his clients plans for the development of his property had been seriously hampered by the continued uncertainity about the development of State Highway 5. They asked that the property be once again classified as Planned Study District. Mr. Don Andersen and Mr. William McCubrey, owners of property in Area 4, also asked that the property be classified as Planned Study District in con- sideration of the Highway uncertainity. Mr. Lieb moved the preparation of an ordinance classifying Area 4 as Planned Study District in consideration of the highway uncertainity. Mr. Haugen seconded. All voted aye. Motion carried. Area 5 A.T. District situated along the north side of T.H.S between County Read 4 on the east and Heritage Road on the west. The Manager reported that the Planning Commission had recommended that the area be classified as Rural . An attorney representing the Union Oil Company, owners of property in Area 5, advised that they were experiencing considerable difficulty in developing plans for their property because of the continued uncertainity regarding the develop- ment of State Highway 5. He asked that the Council classify the property as f Planned Study. Mr. Redpath moved the preparation of an ordinance classifying Area 5 as Planned Study in consideration of the continued highway uncertainity. Mr. Haugen seconded. All voted aye. Motion carried. Area 6 1 .3 District area sitastated along the north side of Highway 5 between Heritage Park Addition on the east and the Village boundary on the west. The Manager reported that the Planning Commission had recommended that Area 6 be classified as Rural . Mr. Robert Brenne advised that he represented the ownership of the property in Area 6 and requested that the property be re- classified as Planned Study District. The Manager noted that the Planning Commission had recommended that the properties along Highway 5 be classified as Rural primarily because they did not believe that the uncertainity about the future plans of T.H.5 was as great as had been evident by the presentations made at this public hearing. Mr. Nesbitt, who also serves as a member of the Planning Commission, advised the Council that he was certain that if the Commission had been aware of the degree of uncertainity, they would have 1 recommended Planned Study rather than Rural for the districts adjacent to Highway 5. Mr. Haugen moved that Area 6 be classified as Planned Study District, again because of highway uncertainity. Mr. Lieb seconded. All voted aye. Motion carried. Area 7 T.-T.6istrict along the north side of the Chicago Northwestern Railroad between County Road 4 on the east and the Village boundary on the west. The Manager reported that the Planning Commission had recommended that Area 7 be classified as Rural . He noted that the Commission had observed that the 1969 classification of the area was Planned Study was established on the basis that there was un- certainity about the location of new alignment of Highway 212-169 and that within the past year the Highway Department had established the corridor of this Council Minutes October 27, 1970. Page 3 yl facility within the 2,000 feet southerly of the railroad right-of-way. An attorney representing the Eden Prairie Development Company and other companies owning approximately 460 acres of land in Area 7 and 10, advised the Council �-j that they had purchased the property many years ago in reliance of the then < existing M-2 zoning. He requested that the Council refer the matter back to W the Planning Commission so that his clients would have additional opportunity 0- to present their position before a final determination was made. Mr. George C?S Schroers & Mr. Hulbert, owners of other land in Area 7 asked that the Council classify the property as Planned Study District. Another property owner, Mrs. Drake, requested that the property be classified as Rural . Mr. Redpath moved the preparation of an ordinance classifying Area 7 as Rural . Mr. Haugen tU, seconded. Cn Mr. Dahlgren, a. planner representing the owners of the 460 acre area, commented that they felt the retention of the Planned Study District classification would be to the advantage of both the Village and the property owners in that it would enhance the opportunity for the development of a comprehensive and orderly plan for the establishment of excellent industrial park. He reviewed the history of the development of similar parks in other communities noting similarities between those projects and the development of Areas 7 and 10. The Village Manager said that he did not believe that the existing Planned Study delineation in Area 7 in any way represented a product of an orderly, logical , and com- prehensive planning process and that the recommended Rural classification would in no way dimish the opportunity for comprehensive planning, but would in fact encourage it. Mr. Haugen said that his actions on the matter had to be guided ! by the Village Comprehensive Guide Plan and that he didn't feel there was any justification for retaining the existing Planned Study Classification. Mr. Nesbitt said that he did not feel that the Rural classification would in any way represent a hinderence to the property owners in the preparation of a plan for the development of their properties. Mr. Lieb commented there did not b appear to be enough uncertainity about Highway plans in Area 7 to reclassify the property to Plan Study. Mayor Osterholt said that he felt the owners would have 09, a better opportunity to present their case for Industrial zoning if it were retained in the Planned Study designation. The attorney for the owners of the a 460 acres in Areas 7 and 10, said that if the Council were to classify Area 7 as Rural he would regard such action as an attempt to retard development within = that area. j �0 Messrs. Redpath, Haugen, Lieb and Nesbitt voted aye.on Mr. Redpath's motion. } Mayor Osterholt voted no. Motion carried. r w to Area 8 < P.S. Area situated along the south side of T.H.5 between County Road 4 on the east and Mitchell Lake on the west. The Manager reported that the Planning Commission had recommended that Area 8 be classified as Rural . He futher noted that the area was comparable to properties in Areas 4, 5, and 6, in that it was ME affected by the T.H.5 development uncertainity. Messers. George, James and Lyle Moran and Mrs. Anderson all owners of property in Area 8 requested that the Council classify the property as Planned Study District, in recognition of the highway uncertainty. Mr. Redpath moved the preparation of an ordinance classifying G Area 8 as Planned Study District. Mr. Lieb seconded. All voted aye. Motion carried. t r Council Minutes October 27, 1970 Page 4 Area 9 P.S. District situated south of T.H.S and east of County Road 4. The Manager reported that the Planning Commission had recommended Area 9 be classified as I-2Park in consideration of the developed industrial area adjacent to Area 9. Fie noted however, that Area 9 like other areas adjacent to T.H.5 was also affected by the Highway 5 plan uncertainity. An attorney representing the American Oil Company, the owners of approximately two areas at the intersection of County Road 4 and 5, indicated that the company planned to develop the s i to in 1971 and requested that it be zoned Commercial Highway. Mr. Haugen said that he could not agree with the recommended Industrial zoning considering both the Highway 5 plans and the existing single family subdivision situated at the south end of the area. Mr. Lieb moved the preparation of an ordinance classifying Area 9 as Planned Study.District. Mr. Nesbitt seconded. Mr. Redpath said he would abstain from the discussion or vote on this area. Messers. Lieb, Nesbitt, Haugen, and Osterholt voted aye. Motion carried. Area 10 P.977Tstrict area situated south of the Chicago Northwestern Railroad between County Road 4 on the east and the Village boundary on the west. The Manager reported that the Planning Commission had recommended that Area 10 be classified' as Planned Study District in that it was situated entirely within the proposed Highway 212 corridor. He noted that the exact alignment of the highway within ; the corridor and the location and design of the Eden Prairie interchanges had not yet been determined. Mr. Haugen moved that the preparation of an ordinance classifying Area 10 as Planned Study. Mr. L#&b seconded. All voted aye. Motion carried. B. Edenvale Industrial Park Zoning and Preliminar Plat. Mr. Don Peterson, representing the Eden Land Corporation, presented their proposal for both preliminary plat approval and a rezoning of their land. He noted that the proposed zoning was I-2 Park for all lots except Outlots A, B, and C, which were proposed to be zoned I-General . The Village Manager reported that the Planning Commission had recommended that both the plat and the zoning pattern be approved. He reviewed the differences between the M-2 Industrial zoning in the old zoning ordinance and the I-General zoning in Ordinance 135. Mr. Nesbitt moved that the preliminary plat of Edenvale Industrial Park be approved. Mr. Redpath seconded. All voted aye. Motion carried. Mr; Haugen moved the preparation of an ordinance classifying all lots in Blocks 1 , 2 and 3 as I-2 ' Park and Outlots, A, B, and C as I-2 General . Mr. Redpath seconded. All voted aye. Motion carried. C. Kin of Glor Lutheran Church Zoning. North of Duck Lake Trail near Sterling eld Addition. Mr. Olson, c a rman of the church building committee, presented their proposal to construct a church on approximately 5 acres of their 27 acre site. His presentation included a map showing the layout and legal description of the 5 acres that they requested to have zoned Public as well as sketches and overall site development plans for the first and later stages of their development. Henoted that the church would be approximately 385 feet north of Duck Lake Trail and that the parking area would be approximately 215 feet north of the road. Mr. Olson said that they proposed to complete the construction of their first stage building in 1971 . Mr. Redpath moved the preparation of an ordinance reclassifying the 5 acre parcel to Public. Mr. Nesbitt seconded. All voted aye. Motion carried. Council Minutes October 27. 1970 Page 5 III. PETITIONS, REQUESTS AND COMMUNICATIONS T —Tie Preserve First Add on. Rr. George Carter presented the proposed preliminary plat of tHe first evelopment stage of the Preserve. He explained that the first addition consisted of establishing the alignment of some of the principal streets in the area and indentifying the 22 acre elementary school and neighborhood park site. The Manager advised the Council that the public hearing on the proposal was scheduled for the Council meeting of November loth. IV. RECOMMENDATIONS AND REPORTS A. Hillcrest Courts ThTrd Addition Preliminar Plat. Mr. Bob Johnson presented a petition signed y many of the property owners in the Hillcrest Courts and Alpine Estates Addition requesting that the proposed plat be s returned to the Planning Commission for further study and evaluation. The ` petition listed a number of specific items which they felt should be given additional consideration. Mr. Len Swedlund, the developer of the Hillcrest Courts Third Addition, was present and advised the Council that there was no urgancy relative to the Council 's action on the proposal at this meeting. Mr. tieb moved that action on the plat be deferred until a future date and that the Manager be instructed to meet with the petitioners and the developer for the prupose of resolving whatever problem might exist. Mr. Nesbitt seconded. All voted aye. Motion carried. B. L.P. Jarrett Property Division. Parcel 880 Section 8. The Manager presented Mr. 35Vrevs request o diviHe a 3.04 acre parcel into two parcels the smallest of which would have an area of 6 tenths of are acre. The Planning Commission had conducted a public hearing on this proposal and had recommended that it be approved. Mr. Nesbitt seconded. All voted aye. Motion carried. Mr. Lieb moved that Resolution No. 376, approving the division y be adopted. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Geor a Mauer Industrial Zoning R uest. Attorney Keith Simons reported V. that Ju ge iverson had ruled that e age's action in denying the rezoning request of Mr. George Mauer of Lot 2 Block 1 of M and K Addtion was not un- reasonable, arbitrary or capricious as a matter of law. Meeting adjourned 10:35 P.M. 777 4 i 4 Edna K. Holmgren,