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City Council - 10/05/1976 e . t APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 5, 1976 _ 7:30 PM, CITY HALL , COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye ttt Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ul stad City Attorney Harlan Perbi x City Engineer Carl Jullie f Director of Community Services Marty Jensen Finance Director John Frane Recording Secretary Joyce Provo . Chief B1dg. Inspector Wayne Sanders Public Safety Director Jack Hacking INVOCATION: Jim Gstenson, Hustad Development Corporation 4 PLEDGE Or ALLEGIANCE tv ROLL CALL : Meyers, Pierce, Pauly and Penzel present; Bye absent. • i I . APPROVAL OF AGENDA AND. OTHER ITEMS OF BUSINESS 1*he fol low i rig item.s were requested to be added to the agenda under the "New Business" category: A. Consideration of recuest for variance in hunting permits for two --- property Owners. _ _ B. RfLq! eE t from The Preserve relative to RLS and division relating to Windslope and Fraser no�mes. — ----.----- .— - __._ MOTION: Pierce moved, seconded by Meyers, to approve the agenda as amended and published. Motion carried unanimously. IJ . _MINUTES OF REGULAR COUNCIL MEETING HELD TUESDAY, SEPTEMBER 14, 1976. Pg. 4, 5th para. , strike "141arcus" and insert "Marco". Pg. 7, strike para . 6 in -its entirety, and insert in lieu thereof: "Meyers was concerned that the Convenants tell the buyers the scenic easement is going to be semi-private. " MOTIO14: Meyers moved, seconded by Pierce, to approve the minutes of the Council meeting held September 14 , 1976 as amended and published. Motion carried unanimously. k1 S F � l�f 2 - Tucs . ,0ct,ber 5 , � .;76 7 11 , PULL IC HEt1RINGS A. Edenvale Family Recreation. Center. Request for q preliminary and final plat approval for the Edenva 1 e Family- Recreation Center. The plat is located in the northeast corner of " TH 5 and Mitchell Road. (Resolution No. 1191 ) Don Peterson, Edenvale Development Corp. , spoke to the proposed plat consisting of 3 lots and noted that the request before the Council is for the subdivision of the 1st portion. He further explained that this proposed plat does correspond with the originally approved development plan. Mr. Peterson stated that Lot 5 is not intended to be a salable parcel because of this platting, but rather is being split to facilitate sale of Lot 2) and further that any building which would occur on said lot would require Planning Commission and Council review and approval • in accordance with the rezoning agreement for the entire Edenvale Recreation Center. (Plat dated August 16, 1g76) Perbix explained that if the Council approves this plat and ownership remains with Edenvale, it would seem that ownership of outlot C and D ought to be with McDonald' s . Don Peterson said he would like to have sold the property to McDonald'sAut Mc Donald 's will not purchase it. Perbix further questioned why Edenvale doesn 't give ownership to McDonald's. Don Peterson stated that this property would have to be released from the mortgage and this would cost a 1.ot of money. �enzel asked if there were any persons in attendance who wished to speak to �ii s request. There were none. !TION: Pierce moved, seconded by Pauly , to close the Public Hearing on the `nvale Recreation Center and adopt Resolution No. 1191 approving the eliminary plat and final plat of Edenvale Recreation Center for Block 1 , 3 of Edenvale Industrial Park. Pierce and Pauly voted "aye" ; Meyers . . enzel voted "nay". 1�ioti on failed. l and Meyers indicated their concern that the subdivision of Lot 5 r..r, i d lead to strip type development along Hwy. 5. Pauly explained that the division bet�,ieen Lot 4 and 5 did not disturb her as Edenvale has to adhere to the plan and, she could not see a future Council not sticking to the plan. Therefore, Pauly felt the City has a measure of control . MOTION: Meyers moved,, seconded by Pauly, to reconsider the previous motion. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to continue the Public Hearing to consider the request from Edenvale for preliminary and final plat approval for the Edenvale Recreation Center to October 12, 1976. Motion carried unanimously. B. Hidden Oaks, The Preserve, by Mr. Kevlin. Request for rezoning to R1-13. 5 and - preliminary plat approval of 34 lots on approximately 17 acres. The site is located in the southeast corner of Anderson Lakes Parkway and Basswood Road. Larry Contuie, Carlson & Carlson Surveyors, represenffng Mr. Kevlin, spoke to request and answered questions of Council members. a. x r B. Hidden Oaks The Preserves by Mr. Kevlin (continued) Meyers noted there is an 8% or more street grade along lots 14 - 17 on Block 1 . Jullie explained the City 's recommended maximum grade has been 7 1/2%, however, we have gone up to 10� for a short distance. Meyers questioned if this would cause a problem. Jullie responded that the City would review this situation further when detailed street plans are received. Meyers referred to the Engineer's report dated 9/9/76 noting that street lights are required and expressed the Council 's concern regarding street lighting costs . Jullie explained that normally NSP submits a plan with recommended street lighting, ther,the City requires the developer to give us a cash deposit for installation and one year lighting costs. John Bergan, 8705 3entwood Drive, questioned if the sewer that exists in Basswood could handle the 20 some homes without any problem. Jullie explained that there are some prcbl errs. The capacity is available, but some of the lots will be on a slope so that lift stations may be required on individual lots that may be maintained by the homeowner. � s Sandy Sakellav, 8751 Bentwood Drive, asked for an explanation of what is meant regarding sewage being pumped up into the lateral sewer main via- a lift station. Penzel responded that these homes may have to be equipped with private pumps , but this would not affect Basswood. Mr. Bergan asked what the sizes of the tomes would be and price of same. 4 Mr. Corituie responded $0100,000+ and the sizes would vary. MOTION: -• Meyers moved, seconded by Pauly, to close the Public Hearing and approve the lst reading of Ordinance No. 344, rezoning Hidden Oaks to R1 -13. 5 for 34 lots. Motion carried unanimously. MOTION: Pierce moved, seconded by Pauly, to adopt Resolution No. 1196, approving the preliminary plat for Hidden Oaks. I-lotion carried unanimously. MOTION: Meyers moved, seconded by Pauly, that the staff draft a rezoning I agreement including recommendations of the Planning Commission dated 9/13/76, Planning Director report dated 9/7/76, and Engineer's report dated 9/9/76. Further that Hidden Oaks Drive be the name of the street through the whole project and that the grade of 81,V and drainage be investigated by the City Engineer. C. Creekwood_double bungalow and single family detached. Hustad Development Corporation request for rezoning from rural to RM 6. 5 and preliminary plat approval for 9 lots . The site is approximately 3. 5 acres and located within the Hustad Office PUD. Jim Ostenson, Hustad Development Corporation, outlined the proposal and answered questions of Council members. City Planner Putnam summarized the recommendations of the Planning Commission , l adopted at their meeting held August 9, 1976. '�d 0 C. C double bungalow and single family detached. (continued) Pierce questioned how to control on which lots double bungalows are to be built and which single family units are to be built. Penzel felt the developer would be regulated by the City's rezoning agreement. Penzei asked if Hustad would be willing to commit to a single driveway to each lot. Mr. Ostenson replied Hustad would be acceptable to a single driveway to each lot and a shared driveway for each double bungalow. Jim Simchuck_, 9149- Flying Cloud Drive, asked if some sort of provision is being made for sound proofing of the double bungalows. Mr. Ostenson explained that Hustad has taken measures in other areas and would look into the possibility of extra installation, etc. , for sound proofing purposes. Dorothy Menalis, Mill Creek, asked what the rental would be for the double bungalows. Mr. Ostenson stated sontt of the double bungalows will be owned, and some both Sides will be rented out. The rental would be around $300 - $400 per month. MOTION: Myers moved, seconded by Pierce, to close the Public Hearing and approv the 1st reading of Ordinance No. 343, rezoning Creekwood double bungalow and single family detached from Rural to RM 6. 5 for 9 lots. Motion carried unanimously. MOTION: Meyers moved, seconded by Pierce, to direct the staff to draw up a rezoning agreement incorporating recommendations A - F of the Planning Commission meeting held August 9, 1976, and adding that the 4 double bungalow lots' each share a single width driveway access to Creek Knoll Road. Motion carried unanimously. Meyers further directed staff to investigate posting one side of Creek Knoll Road with "No Parking" signs before the 2nd reading of Ordinance No. 343. MOT ION: Meyers moved, seconded by Pierce, to adopt Resolution No. 1195, approving the Preliminary Plat for Creekwood double bungalow and single 1 family detached homes. notion carried unanimously. . i D. Liquor License for Genghis Khan of Sapporo. Request for a liquor license -Liquor Khan of Sapporo. City Manager stated that Genghis Khan of Sapporo has submitted their completed application. The application has been reviewed by our Public Safety Department, tfie City Attorney has looked over the file, the building department has reviewed the site, and the facility meets all standards of the Health Department. Lt. Wall , Public Safety Department, explained that he could see no reason why a license should not be issued. As Council requested, Lt. Wall did visit the site after dark and feels the site is well lighted, but the street itself is pretty dark. D-0 1 D. Liquor License for Genghis Khan of Sapporo. (continued) CGeneral discussion took place regarding additional lighting. City Manager i Ul s tad noted it would be the Council !s decision if there is a need for ►$ additional lighting. f� Ron Hinn, Genghis Khan of Sapporo, spoke to the parking situation ; 1 explaining that they had intended to pave additional space, but has been requested to provide fill for the area next door which is under construction. He further explained that hard surface will ,. eventually be available for 225 cars , and that now they have adequate parking for about 98 cars. City Manager lllstad stated that in accordance with the Ordinance, final action cannot take place at the time of the Public Hearing and should be continued for final action until the Octpber 12th Council meeting. 1 MOTION: Pierce moved, seconded by Pauly, to close the vubl ie hearing and continue the request of Genghis Khan of Sapporo for a liquor license to the October 12th Council meeting. Motion carried unanimously. Assessment of ,cost for removal of trees under Ordinance No. 186. Director of Community Services -lessen explained that all property owners as indicated have made a diligent effort to remove their trees and no action is necessary. MOTION: Pauly moved,seconded by Pierce, to delay any assessment for tree removal . Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS 2nd Readingof Ordinance No. 323, Crosstown Baptist Church, rezoning app►_ox male_ 9 acres of ro erty at 6500 Baker Road from Rural to Public and rezonin a rc>er-►erit. City Attorney Perbix requested that this item be continued to the October 12, 1976 Council meeting as the rezoning agreement has not yet been signed. Council agreed to this request. B. 2nd Reading of Ordinance No. 328, -rezoni nq Robert Nygren property from Rural to R1_13. 5 for 8 lots and rezoning agreement. City Manager Ul s tad explained the rezoning agreement has been signed and everything is in order. Meyers requested that a change be made in the rezoning agreement on page 2, item 6, from Valley View Trail to Valley View Road. MOTION: Meyers moved; seconded by Pierce, to approve the 2nd reading of Ordinance No. 328, rezoning Robert Nygren property from Rural to R1-13.5 for 8 lots and to approve the rezoning agreement with the above mentioned changes. Motion carried unanimously. C. Resolution No. 1197 , appointing Election Judges for the Novo:-!fiber 2, 1976 Election . MOTION: Pierce moved , seconded by Pauly, to adopt Resolution No. 1197, appointing Election Judges for-the November 2, 1976 election. Motion carried unanimously. D. Resolution No. 1198, establishing City Hall as the absentee ballot precinct_ City Manager Ulstad requested that the Council substitute Ordinance No. 335 for Resolution No. 1198, as under state law such action requires ` an ordinance rather than an resolution. MOTION: Meyers moved, seconded by Penzel , to approve the 1st reading of Ordinance No. 335, establishing City Hall as the absentee ballot precinct. Motion carried unanimously. • V. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from The Preserve for the Council to reconsider the previous RM 2. 5 zon*g request for East-West Parkway Apartments. City Manager Ulstad spoke to communication from The Preserve dated } September 27, 1976 requesting the Council to reconsider the previous RM 2. 5 zoning request for East-West Parkway Apartments. MOTION: Meyers moved, seconded by Pierce, to refer the above mentioned request to Planning Con;mission for their review and recommendation to the Council . Meyers, Pierce, and Penzel voted "aye", Pauly voted "nay". Motion carried. VI . 'EPORTS OF OFFICERS, BOARDS & COMMISSIONS Reports of Council members. 1. Councilman Pierce reported on the recent meeting with the Hopkins School Board. 2. Mayor Penzel reported on the following items: a. Meeting with the Metropolitan Council on the river crossing. b. Invitation for the Council to attend the Western Area Fire Training Academy's Flammable Fire School . c. Bicentennial Plaque presented to the City. Penzel requested the -^nsidcr an ordinance to establish a goverr.i^.g hr .1v for the Cultural Center. MOTION: Pierce moved, seconded by Meyers, to draft an F ordinance establishing a governing body for the Cultural Center. Motion carried unanimously. 3 a v3 . B. Report of City Manager 1. 1977 City Budget City Manager Ulstad spoke to the 1977 City Budget noting that all changes recommended by the Council have been incorporated into the budget. Director of Community Services Jessen spoke to his memo dated October 1 , 1976, which includes Option IV, "the flat rate option", as requested by the Council . He further explained that this option could be realistic for 1976 but not for 1975- General discussion took place regarding the total recommended under "General Fund - In Service Training". The consensus of Council members was that the total be reduced to $15,000 and that the City Manager adjust and distribute the monies . 1,10T-ION: Pierce moved, seconded by Pauly, to adopt Resolution No, 1201 , approving the 1977 City Budget, levying $132, 4. 00 outside the mill levy for the Duroose of duelm disease retroactive only to 1976, and'In Service Training�� be reduced to $15,000. Roll Call Vote: Meyers, Pauly, Pierce and Penzel voted "aye". Motion carried unanimously. Report of City Engineer 1. Receive feasibility report for uti 1 i t, and street improvements in Forest Knolls 2nd Addition, I . C. 51-294. City Engineer Jul l i e explained that upon discussion with two property owners , he would like to request that this item be continued to the October 26th Council meeting. Council members agreed with this request. 2. Petition from Penitom, Inc. , for additional utility and street construction in the Mitchell Lake PUD, I . C. 51-289. City Engineer Jul I i e recommended approval of Change Order No. 1 as per letter from Rieke, Carroll , Muller Associates , Inc. , dated August 13 , . 1976. P1OTION: Meyers moved, seconded by Pauly, to approve Change Order No. 1 for I . C. 51-294, for additional utility and street construction in the Mitchell Lake PUD. Motion carried unanimously. 3. Federal Aid Urban 1977 - 79 Project submittal (Schooner Boulevard). City Engineer Jullie explained at this time we are proceeding to (� make application for FAU funding for the Ring Road project and that the Ring Road corridor has been accepted as being eligible for funding. We are now in the process of submitting the final application for funding. 31G LI �,. ,r • � ..ram,. ...._ r• - --. f C LeS Tu , T CC, C n;�t; i ! h'i f'> e� (�� ,C����t^ �• r 9i 6 3. Federal Aid Urban 1977 - 79 Project submittal (Schooner Boulevard) - (Continued ) Jullie further explained that the City is also submitting reapplication for the County Road #4 bikeway project for FAU funding. This is being done at the recommendation of the Project Development Committee because of a delay resulting from design review by the Hennepin County Public Works Department. Right-of-way acquisition will now be required for certain parts of the project by the City. Completion will be extended into 1977. MOTION: Pauly moved, seconded by Meyers, to approve the County Road #4 Bikeway and the Ring Road in our FAU funding application. Motion carried unanimously. 4. Approve final plat for Lake Eden North I_ City Engineer Jullie spoke to Resolution No. 12DO and recommended approval of same. Mr. Wayge Dietrich, representing the Dietrich Company, outlined the final plat and answered questions of Council members . MOTION: Meyers moved, seconded by Pauly, to adopt Resolution No. 1200, approving final plat of Lake Eden North Plat Two , and direct staff to resolve i the street name, eliminating the r:i:'-b {ock cnunoc and the house numb -an ( ' system. Motion carried unanimously. Q� 1 . NEW BUSINESS A. Consideration of request for variance in hunting Permits for two property owners. Mayor Fenzel explained that two land owners have expressed their concern regarding the hunting ordinance who are not able,under the ordinance as adopted , to use their property for pheasant and duck hunting. The two property owners being Cal Anderson and Ray Stodol a . Public Safety Director Hacking spoke to the various problems- his department has had in regulating hunting in Eden Prairie. MOTION: fleyers moved, seconded by Penzel , that the City Attorney prepare an amendment to the shooting ordinance that would stipulate that a land • owner may hunt on his land accompanied by guests and that the issuance of perrni is be administered by the Public Safety department. • Motion carried unanimously. B. Request from The Preserve relative to RLS and division relating to Windslope and Fraser Homes. Lee Johnson, The Preserve, requested the Council approval of the ( the RLS relative to Windslope and Fraser Homes. 7t7 3 B. Request from The Preserve relative to RLS and division relating to Windslope and Fraser Homes. r MOTION: Pierce moved, seconded by Meyers, to approve the revised RLS for Fraser Homes and Windslope projects dated 9/29/76. Motion carried unanimously. City Manager Ulstad explained that Water Products Company has inquired as to the possibility of relocating their site from Wallace Road to Highway 5. General discussion took place pertaining to same. V I I I . ADJOURNMENT "JOT ION: Pierce moved, seconded by Pauly, to adjourn the meeting at 11 :35 PM. Motion carried unanimously. • i - i,