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City Council - 11/05/1974 MINUTES EDEN PRAIRIE CITY COUNCIL Tuesday, November 5 a 1974 7:30 PM, City Hall COUNCIL MEMBERS: Mayor David W. Osterholt , Joan Meyers , John McCulloch, Wolfgang Penzel, Sidney Pauly COUNCIL STAFF: City Manager Robert Heinrich, City Attorney Harlan Perbix, City Engineer Carl Jullie , Clerk—Finance Director John Frane Invocation was given by Pastor Fred Herzog, New Testament Church. Pledge of Allegiance . Roll Call. I. MINUTES: E A . Minutes of October 2.2, 1974 meeting were distributed jast prior to meeting. Mayor Osterholt said to defer until s the meeting to be held on November 12 , 1974• { II . PUBLIC HEARINGS: A . Flood Plain Ordinance , an ordinance designating the flood plain, mars es, we ands, watercourses , and lands abutting meandered lakes in the City and regulating the use and development thereof. Modified Flood Plain Ordinance as recommended by the Planning Commission was distributed on 10/11/74. Robert Heinrich asked if there was anyone present that was interested and that Marty Jessen would be down shortly to discuss it . Mayor Osterholt stated since it was not an official hearing , to proceed. B. Crestwood 73 OutlotA , Alex Dorenkemper, request for r7i"sion of Outi-otinto 3 lots and rezoning to R 1-22. The site is located in southwestern Eden Prairie adjacent to Crestwood Terrace in the Maplewood Estates single family subdivision. Robert Heinrich said Mr. Putnam would present this matter before the Council. He said there is some misunderstanding giving validity to Mr. Dorenkemper' s request for more lots and Council should hear from Mr. Dorenkemper as to whether there is continued interest on his behalf or could we expect to see the other parcels of his coming before us for s y Council Minutes -2- November 5, 1974 II. PUBLIC HEARINGS (Copt ' d. ) subdividing. Mr. Dorenkemper stated approval is for full 39 lots . Mr. Penzel stated it was not on the Agenda to go into the matter of the other 36 lots. Mr. Dorenkemper said he would ask for subdivision of the other 36 lots when these 3 lots were approved. Mr. Putnam said he has met with Mr. Dorenkemper and Mr. Doren- kemper' s question concerns previous planning action and as to whether this is a planning problem or a legal problem. Mr. Putnam mentioned the Planning Commission recommended 3 options. Mayor Osterholt asked if anyone had any questions and for Harlan Perbix' s comments concerning the requests before us and to confine our comments to Outlot A and the 3 other lots. Harlan Perbix stated it was a straightforward zoning question. Also 9 since Mr. Putnam requested the Planning Commission to ask his feelings as to whether all procedure was proper and if not proper, was it secured by the Landhold Agreement , Mr. Perbix said he would not do what is being requested for some period of time . Mr. Perbix said Mr. Dorenkemper feels he should not wait . Mrs. Pauly mentioned someone said approval would invalidate Zoning Ordinance 135 . Mr. Putnam stated Mr. Sorenson asked this question and it did not invalidate that agreement . He further stated there are two questions. First application was for lot rezoning. If you divide it into j; acre lots and rezone to our R1-229 it would involve our w> acre minimum. Also v Council should consider what effect these 3 lots would have on other properties. A discussion followed regarding other rezoning in area and if approval would void Landhold Agreement. Mr. Dorenkemper said he is not requesting rezoning from rural to R1-22 S but rather that the City made a mistake and that Ordinance 135 is improper zoning and should be rezoned. Mr. Putnam said this type of rezoning has occurred before. Mayor Osterholt asked Mr. Dorenkemper if he is actually asking for rezoning and if they were not to divide the Outlot, would he be here asking for the original Outlot. Council Minutes -3- November 5, 1974 II. PUBLIC HEARINGS (font ' d. ) Mr. Dorenkemper stated if this happened, he would not have an Outlot. Mayor Osterholt asked if Outlot A was originally planned and if it was sold as 3 lots. Mr. Dorenkemper said, "Yes, it was. " Mrs . Meyers questioned what effect the rezoning of these lots would have on the Landhcld Agreement. Mr. Perbix stated he didn't think the 3 lots would effect the Landhold Agreement , but also doesn't think you can isolate as some people may want to develop in that area. Mrs . Pauly made the motion to approve the division of Outlot A into 3 'lots and reaffirm the Landhold Agreement . McCulloch 1 seconded motion. } i Mayor Osterholt called for a roll call vote . Council Members John McCulloch, Joan Meyers, Wolfgang Penzel, and Mayor Osterholt voted against the motion and Sidney Pauly voted for the motion. 1 Motion was defeated. Mayor Osterholt moved to close the Public Hearing and Joan Meyers seconded the motion. Motion carried unanimously. III. PETITIONS , REQUESTS & CONIMUNICATIONS : A. Corrununication from Rosemount Inc. ,, dated 10/21/74., regarding Ring 11oute Phase I sTcclal assessments . Mayor Osterholt made motion to file . Mr. Penzel seconded motion. Motion carried. B. Communication from Bradley Steinman Worth Oil Com an (Holiday a ion ,.,cores, Inc . ) a e , regarding Council consideration of their rezoning request . Mr. Steinman stated they are not asking for something out of line with zoning for that area and he was under the impression the land was zoned commercial until they received Mr. Putnam° s letter stating due to some slip, the land was untouched by commercial zoning. He didn't know if it was an error,, deliberate, or deemed unnecessary. They are requesting rezoning to commercial as they handle some merchandise , although most of business is selling gas ( 80%) and the rest ( 20%) is selling merchandise. They do not j P(Y Council Minutes -4- November 5 , 1974 k III. PETITIONS , REQUESTS & CONZVJNICATIONS : (Copt ' d. ) They do not plan any reconstruction at present time. Building will retain its current design with exception of "Holiday" sign. They plan no big changes on the corner, just wish to operate as a Holiday station. He showed Council a drawing of property. He said in 2 years , they plan to add a 40' x 42' addition, but at present just want to operate as it is being operated now. He said the Mini-Sector Study of 4 & 5 will not be presented until December 9. 1974. However as they are planning to buy the location, they need approval so they can exercise their option. He asked lair. Putnam why Planning Commission marked off this corner on zoning map. Mr. Putnam said map is merely graphic portrayal and the mistake is on the zoning map, not the text. Mr. Penzel asked if they couldn' t wait for the study to be completed and then plan. Mr. Steinman said the owner wants to back out of agreement and they need to know if it is worth their money to gamble on the property being approved for selling merchandise. Mr. Putnam stated there will be a Planning Commission meeting on November 11, 1974. Mayor Osterholt stated that apparently there is a variance between the map and text of Zoning Ordinance. Mr. Perbix stated it was an unusual legal description, but more accidental than deliberate . Mayor Osterholt said Council was not prepared to give a decision and the matter is to be continued until they have further reports from the Planning Commission on the 4 & 5 Mini-Sector Planning Study. F 1 C . Communication from Dr. James Osberg and Dr. AnthonyPesola requesting approval o rent approximately 750 square reet of space in the building located at 7770 Mitchell Road for use as a dental office. Mr. Heinrich said there is some confusion as to the category of Office-Warehouse zoning. The owners think the building can be used for other offices as well as the office in conjunction with the warehouse operation. The City Mana- ger proposed clarification of this cate&ory to clear the r situation. Mr. Heinrich wanted to meetwith the owners for a discussion, but Mr. Dietrich is out of town and his attorney, John Crouch, was not available, but they do 1 I; J Council Minutes -5- November 5 , 1974 III. PETITIONS, REQUESTS & COP-IMUNICATIONS: (Cony d. } support the dentists' request. Also$ Mr. Heinrich felt 2 more dentists on a temporary basis would not create a hardship on the City. Mr. Perbix said he called Mr. Dietrich to set up a meeting and Mr. Dietrich will return his call when he gets back in town. Mr. Perbix also stated under the Cade, that office is to be used with warehouse operation and there are differ- ent requirements for office buildings and office-warehouse buildings. He thought it could have something to do with the public using the building. He said owners should be ; here to participate in the agreement as to how the building is to be used. Dr. Osborn said he and Dr. Pesola are residents of Eden Prairie and have been dealing for space for a year, but have; been misled. They have money invested in equipment and need approval before signing a lease . They are ready to go and need approval now. He said they have Mr. Dietrich' support . i A discussion followed regarding the need for this type of r office and the lack of space available. Also, the fact r,. there are two dentists in the building now and an agreement should be made with the owners regarding temporary use for office space or ro zoning. Dr. Posola said as there arc no other buildings available , they arc requesting temporary use for a period of four years. Dr. Osburg says he is requesting use now due to Mr. Die- trich' s letter just received by the Council. Mrs . Meyers moved they approve property occupancy for lease of three years contingent upon owner of building either requesting proper zoning or agreeing not to renew lease for a similar type of activity. McCulloch seconded motion. Motion was carried. . Mrs . Pauly said we should take a look at integrity of zoning. Do we need to protect industrial site. What about "quasi public' wording in the Ordinance . She suggested taking another look at "quasi public" and what permitted uses. She stated we need more rational or more reasons. t Council Minutes -6- November 5, 1974 IV. ORDINANCES AND RESOLUTIONS: A . 2nd Reading of Resolution No. 247 rezoning the approximate seven acm- site for the Now Testament Church from rural to PUD. Mrs. Meyers asked if they were able to work out a different road access. Mr. Perbix replied that there was no change in road access . Mrs . Meyers moved for second reading of 247. Motion was seconded. Motion carried. B. 2nd Readin& of Ordinance No. 271 rezoning the property from Highway/Commercialand Ruralo 1-2 Park. Mr. Perbix stated the property is now divided and that Ordinance No. 271 covers both A & B rezoning , but two agree- ments will be necessary. Mr. Pcnzel moved to approve second reading of Ordinance No.271 and to withhold agreement for publication until rezoning agreement is signed and in hand. Mrs . Pauly seconded the motion. Motion carried. V. REPORTS OF OFFICERS9 BOARDS AND COMMISSIONS: A . Report of Finance Director 1. Clerk° s License List. Mayor Ostcrholt moved to approve . Motion made for approval by Mr. Penzel, McCulloch seconded. Motion carried. VI. Nal BUSINESS A. Call for a special meeting for November 7 at 7:15 PM at Eden Prairie- i c o0l Board Room Eor the purpose or tne Council o m ot as a canvassing oar for the regular City election hold Tuesday, November 5. Mrs. Meyers moved to hold a special meeting November 7. Mr. Pc:nzel approved. McCulloch seconded. Motion carried. Council Minutes -7- November 7# 1974 VI. NEK BUSINESS (Cont ' d. ) B. Public Safety Vehicle Specifications is Mr. Heinrich discussed what kind of vehicle was available * Mr. Hacking asked for permission to ask for bids for a fire truck. He stated they can save $3000 by purchasing a repo- ssessed 974 vehicle in excellent condition. Delivery would be immediate. Mr. P---,nzol asked several questions regarding specifications on public safety vehicles and questioned Mr. Hacking about size of engine,, requirements and so forth. Mr. Hacking responded. Mrs. Meyers made motion for now or used fire truck chassis as outlined in specifications be opened to bid. Seconded by Mr. Penzel. Motion carried. Mr. Penzel suggested wording be changed on specifications for the two public service vohicles regarding gaugosp alternator, ff torquot dimensions , etc. He stated a high-powered car was not necessary, Officer Wall explained need for high-powered vehicle . Said they have crack people with real talent and need the equip- ment for them to do their job properly. A discussion followed with Officer Wall responding to the questions of the Council members . Mr. Penzel moved for approval of letting of bids for 2 public safety vehicles as per amends specifications. Mrs. Pauly seconded the motion. Motion carried. Mr. Penzel suggested brief discussion should be given to air support structure to cover ice skating facilities . Mr. Penzel suggested a replacement be made for person repre- senting School Board on Park and Roe. Committee . Mrs. Meyers suggested nominations be made for Chemical Abuse Committee Chairman. II . PUBLIC HEARINGS: A . Flood Plain Ordinance. Marty Jossen arrived and the discussion began. Council Minutes -8- November 5, 1974 II. PUBLIC HEARINGS: (Cont ' d. ) A . Flood Plain Ordinance t The discussion was interrupted by John Franc requesting } confirmation of 3 counters for Precinct 2. ` Mrs. Pauly mszde motion to approve the counters. Mr. Penzel seconded the motion. Motion carried. After the approval of the counters, the discussion continued on the Flood Plain Ordinance with Mr. Jessen responding to questions regarding terminology and meaning of various phrases i in Ordinance by the Council members. Mrs . Meyer moved to adopt the first reading of Ordinance No . 276. Motion was seconded and carried. Mrs . Meyers mentioned she thought the Flood Plain Ordinance should be incorporated into the Zoning Ordinance and thought Messrs. Jessen, Perbix and Putnam should look into the value of the above. Mr. Heinrich presented some additional new business to the Council. He stated the new charge for subscribers to the Minutes and Agendas of the Council meetings must be $30 per year in place of $15 per year due to increased costs. The Planning and Zoning Commission Minutes and Agendas remained at $15 per year. He stated he had placed advertisements and he had only one applicant to date . The meeting was adjourned at 10: 55 PM.