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City Council - 12/14/1976 EDEN PRAIRIE CITY COUNCIL t,jESDAY, DECEMBER 14, 1976 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Sidney Pauly, Joan Meyers and Tim Pierce COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Harlan Perbix; Planner Dick Putnam; Finance Director John Frane; Director of Community Services Marty Jessen; Engineer Carl Jull ie; Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Minutes of the Regularly Scheduled Council Meeting held Tuesday, Page 3410 November 9, 1976. B. Minutes of the Regularly Scheduled Council Meeting held Tuesday, Page 3564 November 23, 1976. 441. PUBLIC HEARINGS (Continued from December 7, 1976 Council Meeting) A. Area "G" of The Preserve Commercial Plan, request for approval of Page 3438 & development standards, rezoning from Rural to C-Regional Service and 3573 preliminary plat approval . The site is located in the northeast quadrant of Schooner Boulevard and US 169/212 intersection. (Ordinance No. 357 and Resolution No. 1217) B. East/West Apartments, The Preserve, request for rezoning from Rural to Page 3505 & RM 2. 5 on 8. 98 acres for 129 rental apartment units. The site is located 3590 west of The Preserve Center. (Ordinance No. 356) IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request of Mark Allen Lewis to appeal the Board of Appeals & Adjustments Page 3592 decision to deny a 20 foot setback on Lot 2 Block 3 Kings Forest Addition to Stevens Heights. Communication dated November 24, 1976 attached V. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 344, rezoning 34 lots on approximatel_�17 Page 3598 acres to R1-13. 5, Hidden Oaks, The Preserve, by Mr. Kevlin, and rezoning agreement. , B. Resolution No. 1223, Crime Prevention Grant. Page 3604 r Counci 1 Agenda - 2 - Tues. ,December 14, 1976 V. ORDINANCES & RESOLUTIONS (continued) Resolution No. 1225 granting a conditional on-sale liquor license Page 36D6 � C. a uti on ,g 9 4 g to John Suback and Gordon Koehnen. D. 2nd Reading of Ordinance No. 343, Creekwood double bungalow and single Page 3530 family detached, Hustad Development Corporation, rezoning from rural to RM 6. 5 and rezoning agreement. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council members. B. Report of City Manager 1. Suburban Public Health Nursing Service Page 3609 2. Fire Department 5-Year Capital Improvement Program Page 3610 3. Status on Local 49 Neg�otiations and 1977 Salary Appropriations Page 3623 4. Status on December28th- Council meeting. C. Report of Director of Community Services 1. Kucher/Deaver Properties Page 3624 2. Metropolitan Parks and Open Space Five-Year Capital Improvement Program. D. Report of City Engineer 1. Final Plat approval for Hidden Oaks Addition (Resolution No. 1224) Page 3630 E. Report of Finance Director 1. Clerk 's License List Page 3633 2. Payment of Claims Nos. 3088 - 3247. Page 3634 V11. NEW BUSINESS A. Green Acre Law (continued New Business from 12/7/76) B. Discussion on Sign Ordinance Draft (continued New Business from 12/7/76) VIII. ADJOURNMENT_ �F i APPROVED MINUTES ' EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 14, 1976 7:30 PM, CITY HALL_ ' COUNCIL MEMBERS: Mayor Wolfgang Penzel • Billy Bye Joan Meyers Tim Pierce Sidney Pauly L COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Director of Community Services Marty Jessen City Engineer Carl Jullie Planning 1�rector Dick Putnam Chief Building Inspector Wayne Sanders Recording Secretary Joyce Provo INVOCATION: Reverend Wesley Brooks , Eden Prairie Assemblies of God Church 9 PLEDGE OF ALLEGIANA , ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The follewing items were requested to be added to the agenda: Presentation of__$2,500 to the City from the Lion' s Club to be used for the Picnic Pavilion at Round Lake. Approval of RLS for John Teman. Setting of Public Hearings for two propert:es. MOTION: Meyers moved, seconded by Pierce, to approve the agenda as amended and published. Motion carried unanimously. Mr. Haakon Nyhammer, representing the Eden Prairie Lion's Club, presented a check to the City in the amount of $2,500 to be used for the Picnic Pavilion at Round Lake. 11. MINUTES A. Minutes of the Regularly Scheduled Council Meeting held Tuesday, November 9, 1976. Pg.' 2, 2nd para. , 6th line, after "automotive" strike "TBA (tires, batteries and accessories )" and insert "and TBA uses. " Pg. 3, 2nd para. , 3rd line, strike "Edenvale" and insert "Suback"; and in the 6th para. , 4th line, strike "store" and insert "restaurant". MOTION: Meyers moved , seconded by Bye, to approve the minutes of the Council meeting held Tuesday, November 9, 1976, as amended and published. Motion carried unanimously. Tues. ,Decc;iubor I4, 1976 4 II . MINUTES (continued.) B. Minutes of the Regularly Scheduled Council Meeting held Tuesday, i November 23, 1976. Pg. 3, para. 3, 2nd line, strike "project" and insert "double bungalow portion of the site"; 5th para . , 2nd line, after "restrictions" insert "on hei ghth and intensity" , and in the 3rd line after "fixtures" insert "and exposed to illumination in their homes"; para. 4, 2nd line, strike "hesitate" and insert "hesitant". Pg. 4, last para. , 4th line, after "and" insert "under what conditions" . Pg. 5, 7th para . , 1st line, strike "City is paying" and insert "Draft County 3 Plan provides" ; 2nd line strike "any" ; and in the 3rd line strike "with the present plan" . F MOTION: Pierce moved , seconded by Pauly. to approve the minutes of the Council meeting held Tuesday, November 23, 1976, as amended and published. Motion carried unanimously. III . PUBLIC HEAR I NGSO(conti nued from 12/7/76 Council Meeting) A. Area "n" of The Preserve Commercial Plan, request for approval of development standards , rezoning from Rural to C-Regional Service and prel iminary plat approval . City Attorney Perbix spoke to his memo dated December 10, 1976 as to the r legality of the Design Framework Manual as requested by the Council at the December 7th Council meeting. Perbix explained that incorporating such a procedure within a developers agreement would be legal . Penzel requested that the word "outset" be changed to "time" on page 8 of the Design Framework Manual , and Meyers requested that item 3 on page 9 of the manual be clarified. MOTION: Bye moved , seconded by Pierce, to close the Public Hearing and give a 1st Reading to Ordinance No. 357, rezoning Area "G" of The Preserve Commercial Plan from Rural to C-Regional Service. Motion carried unanimously. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1217, approving the preliminary plat of Area "G" of The Preserve Commercial Plan using Design Plan "A" of the Design Framework Manual as the reference. Motion carried unanimously. s MOTION: Meyers moved, seconded by Pauly, to instruct the City Attorney to draft a rezoning agreement including the recommendations of the Planning Commission and the revised staff evaluation of the Design Framework Manual dated 12/10/76, request staff provide some language in the manual that would acknowledge the possibility of common wall or abutting wail development with a private shared parking arrangement, and to draft Figure "G" for part of the Design Review Manual showing that as a development option. Motion carried j unanimously. i �y B. East West Apartments, The Preserve, request for rezoning from Rural to RM 2. 5 on 8.98 acres for 129 rental apartment units . The site I s located west of The Preserve Center. Finance Director Frane spoke to memo dated December 10 on East/West Parkway Apartments - School Impact, and memo dated December 13 on East/West Parkway Apartments - City Impact, and answered, questions of Council .members . MOTION: Meyers moved, seconded by Pauly, to close the Public Nearing and that the Council not consider the request for reconsideration of the rezoning of the East/West Apartments from Rural to RM 2. 5 on 8. 98 acres for 129 rental units as it is the Council ' s determination that no substantial new information has been presented on the project. Pauly, Meyers and ° Penzel voted "aye" , Pierce and Bye voted "nay" . Motion carried. IV. PETITIONS, REQUESTS & COMMUNICATIONS A. Request of Mark Allen Lewis to appeal the Board of Appeals & Adjustments decision to deny a 20 foot setback ort Lot 2, Block 3, Kings Forest Addition to Stevens Heights . Mr. Lewis explained that he was appealing the Board of Appeals & Adjustments decision made on November 18 to deny his request for a 20 foot setback to Lot 2, Block 3, Kings Forest Addition to Stevens Heights, and showed slides of his lot at the various setback stages. Chief Building Inspector Wayne Sanders referred to his memo dated November 17 to the Board of Appeals & Adjustments and to the minutes of the 'l Board of Appeals & Adjustments dated November 18, 1976. The Council T agreed that a 20 foot setback should not be granted. ,i Mr. Lewis said he would be willing to accept anything less than a 35 foot setback, and asked what the Council would consider granting. Bye explained that the Council was asked to rule on a 20 foot setback as that was the setback requested by Mr. Lewis to the Board of Appeals & Adjustments, and if Mr. Lewis is requesting another setback this matter should go back to the Board of Appeals & Adjustments for their recommendation. MOTION: Bye moved, seconded by Meyers, to refer the request of Mark Allen Lewis back to the Board of Appeals & Adjustments based on the fact that the proponent is now willing to accept a' waiver of setback less than the original request. Motion carried unanimously. V. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 344, rezor-inq 34 lots on approximately 17 acres to R1-13. 5, Hidden Oaks , The Preserve , by Mr. Kevlin, and rezoning agreement. MOTION: Pierce moved, seconded by Pauly, to approve the 2nd reading of Ordinance No. 344, rezor.i ng 34 lots on approximately 17 acres to R1-13.5, Hidden Oaks , The Preserve, by Mr. Kevlin, and the rezoning agreement.- Motion carried unanimously. N +1 B. Resolution No. 1223, Crime Prevention Grant. MOTION: Pierce moved, seconded by Bye, to adopt Resolution No. 1223, the Crime Prevention Grant. Motion carried unanimously. C. Resolution No. 1225, granting a conditional on-sale liquor license to John Suback and Gordon Koehnen. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1225, granting a conditional on-sale i iquor 1 icense to John Suback and Gordon Koehnen with an addendum that the document relating to parking be received by Mr. Perbix in a recordable document. Motion carried unanimously. D. 2nd Reading of Ordinance No. 343, Creekwood double bungalow and single family detached, Hustad Development Corporation, rezoning from Rural to RM 6. 5 and rezoning agreement. Council requested the following amendment be made to the rezoning r agreement: Pg. 3, item 7, should read "That there be but one driveway entrance from Creek. Knoll Road to each double bungalow unit. " MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 343, rezoning from Rural to RM 6. 5 for the Creekwood double. bungalow and single family detached units, and the rezoning agreement as amended. Motion carried unanimously. VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Mayor Penzel reminded the Council mPmhers of the Chamber of Commerce meeting to be held Thursday at Genghis Khan. B. Report of Cit,y Manager 1. Suburban Public Health Nursing_ Service City Manager Ul stad spoke to memo dated December 10, 1976, and recommended that the Council consider entering into an agreement for 1977 using the Suburban Public Health Nursing Service for 1977 at a cost not to exceed . 28� per capita. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1226, naming the Suburban Public Health Nursing Service as our community health services vendor for 1977, and direct staff to draft a letter on behalf of_the Council , 1 i sti nq the areas of concern and delivery of services as they pertain to Eden Prairie. Motion carried I unanimously. j B. Report of City Manager (continued ) 2. Fire Department 5-Year Capital Improvement Program '1 Chief Ray Mitchell outlined the revised proposal for improved fire protection dated October 26, 1976, and spoke to memo from Finance Director Frane dated December 9, 1976. MOTION: Bye moved, seconded by Pierce, to direct the Staff and City Attorney to draft necessary documents to prepare for a bond referendum, date to be decided , reflecting in general Plan II , 1 Question only, and to determine the necessary improvements for fire protection in order to obtain a rating of Grade 6 as compared to the present rating of Grade 8, enabling the City to explain to the people its meaning as it relates to their fire insurance rates. Motion carried unanimously. 3. Status on Local 49 Negotiations and 19Z7 Salary Appropriations Status on Local 49 Negotiations - City Manager Ul stad outlined the communication from the Metropolitan Area ,Management Association dated December 9, 1976 regarding negotiations with Local 49. 1977 Safary Appropriations - City Manager Ulstad requested the Council appropriate $72,1OO out of the Reserve and Contingency Fund. MOTION: Pauly moved, seconded by Bye, to appropriate $72, 100 out of the Reserve and Contingency Fund to be used for salary adjustments. Roll Call Vote: Pauly , Bye, Meyers, Pierce and Penzel voted "aye" . l Motion carried unanimously. i 4. Status on December 28th Council meeting_ a MOTION: Meyers moved, seconded by Pierce, to hold a Council meeting k on December 28 as regularly scheduled and to limit meeting to a approving expenditures and licenses . Motion carried unanimously. C. Report of Director of Communi Servi ces 1. Kucher/Deaver Properties As requested by Council members at the December 7th City Council meeting, City Attorney Perbix spoke to his legal opinion as to the City purchasing a large tract of land for park purposes and then, in turn, turning around and selling same. In communication from Mr. Perbix dated December 10, 1976 he explained: "If the City is desirous of acquiring the so-called Deaver property, it ought to acquire only that portion that it intends to use as a park, and if Mr. Deaver is not desirous of subdividing F it, the City ought to acquire it through condemnation," t Mike Halley, representing Mr. Deaver, stated since the City is not interested in purchasing the 152 acres at $3,000 an acre, he would like to pursue the possibi 1 ity of an option agreement with Mr. Deaver that the City would purchase approximately 70 acres at approximately $4 ,000 an acre. r 1. Kucher/Deaver Propet-ties ( continued) MOTION: Pierce moved, seconded by Pauly, to instruct the City Attorney ' to draft an option agreement for one year for approximately 70 acres at approximately $4, 000 per acre for the Deaver property. Pierce voted "aye" , Pauly, Bye, Meyers and Penzel voted "nay". Motion failed. MOTION: Bye moved, seconded by Meyers, to receive and file the Staff Report. Bye, Meyers , Pauly and Penzel voted "aye", Pierce voted "nay". Motion carried. Meyers stated she would like to see if there is any funding the City can apply for that would not require matching funds: Jessen responded that this property may apply for Community Development Funds , however, the City already has a substantial list for those funds. 2. Metropolitan Parks and Open Space Fivg-Year Capital Improvement Program Director of Community Services Jessen spoke to two resolutions : Resolution No. 1227, regarding Lake Riley Park, and Resolution No. 1229, with respect to the Metropolitan Council ' s 5-Year Capital Improvement Program for Parks. Jessegp reported on his meeting with the Lake Riley people, noting that the residents did at best support something in the area of 40 acres, and the staff does not know if 40 acres would make sense or not. MOTION: Pauly moved, seconded by Meyers , tc adopt the amended version of Resolution No. 1227, regarding Lake Riley Park. Pauly, Pierce and Meyers voted "aye" , Bye and Penzel voted "nay" . Motion carried. MOTION: Pierce moved, seconded by Meyers, to adopt Resolution No. 1229, rri th respect to the Metropo 1 i tan Counci 1 's 5-Year Capi tal Improvement Program for Parks . Motion carried unanimously. MOTION: Bye moved, seconded by Pauly, to continue the meeting past the 11 :00 PM adjournment time to accommodate items concerning people in attendance. Motion carried unanimously. e D. Report of City Engineer 1. Final Plat approval for Hidden Oaks Addition. City Engineer Jul l i e spoke to his memo dated December 9, 1976 and recommended the adoption of Resolution No. 1224 subject to conditions outl ined in his memo. MOTION: Bye moved, seconded by Pauly, to adopt Resolution No. 1224, approving final plat of Hidden Oaks subject to requirements in Staff Memo dated December 9, 1976. Motion carried unanimously. E. Report of Finance Director. 1 . Clerk's License List CMOTION: Meyers moved, seconded by Pierce, to adopt the Clerk 's License List dated December 14, 1976, excluding the starred items until the December 28th Council meeting, and have staff communicate the Council 's concern about the back taxes. Motion carried unanimously. 2. Payment of Claims Nos. 3088 - 3247 MOTION: Bye moved, seconded by Meyers, to approve Payment of Claims Nos . 3088 - 3247. Roll Call Vote: Bye, Meyers, Pauly, Pierce and Penzel voted "aye". Motion carried unanimously. a VII. NEW BUSINESS A. Green Acre Law (continued New Business from 12/7/76) This item is continued to the January 11 , 1977 Council meeting. B. Discussion on Sign Ordinance Draft (continued New Business from 12/7/76) Planning Director Putnam explained that a draft of the Sign Ordinance will be to the Council early in Janua6ry. C. Approval of RLS for John Teman City Manager Ul s tad explained that John Teman had appeared before P1ann�Qg Commission and requested approval of his RLS. The Planning Commission did recommend approval . City Engineer Jullie outlined the 4 area in question. MOTION: Pauly moved , seconded by Bye , to approve the RLS for John_ Teman in the southerly part of Lot 18 of Auditor's Subdivision 335. Motion carried unanimously. D. Setti nq of Public Hearings for two properties . MOTION: Meyers moved, seconded by Pierce, to set a Public Hearing for February 8, 1977 for Water Products for location of their building South of Highway :,#5 and the Railroad Tracks. Motion carried unanimously. MOTION: Meyers moved, seconded by Pauly, to set a Public Hearing for February 8, 1977 for Miley Sprinkling Company. Motion carried unanimcusly_ E. Letter to Viking Press, Inc. dated December 13, 1976 from City Engineer Ju,11iereoardin an administrative lot division. City Manager Ulstad spoke to communication from City Engineer Jull i e to Viking Press dated December 13, 1976. John Crouch, legal counsel for Viking Press, questioned application of Ordinance No. 332 as it applies to a division of this type. MOTION: Meyers moved, seconded by Pauly, to refer this matter to the City Attorney for review. Motion carried unanimously. VIII: ADJOURNMENT MOTION: Meyers moved, seconded by Bye, to adjourn the meeting at 12:D5 AM. Motion carried unanimously.