City Council - 03/11/1975 APPROVED
MINUTE'S
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 11, 1975 7:30 PM, CITY HALL
JURCIL D=BERS : Mayor D,. W. Osterholt , William Bye ,
Joan Meyers, Sidney Pauly, and
Wolfgang Penzel
COUNCIL STAFF PRESENT: Acting City Manager John D. Frane ;
City Attorney Harlan Perbix;
Planner Dick Putnam; and
Engineer Carl Jullie
INVOCATION - Given by Mr. Roger Ulstad, New City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
I. MINUTES OF REGULAR MEETING HELD MARCH k, 1975
Pg. 4, correct "McKenna" to "McKinnon" .
Penzel moved to approve minutes as published and corrected,
Meyers seconded. Motion carried unanimously.
a
II. PUBLIC HEARINGS:
A. 4 5 Mini-Sector Study, land use and transportation study for
• � y
about nacres surrounding the Co . Rd. 4/T.H. 5 intersection.
Resolution No. 957.
Considerable discussion followed presentation of study regard-
ing how binding study was, terminology in Resolution, reason
study was initiated, updating of Comprehensive Guide Plan,
effect of zoning changes in area, whether study would pre-
determine zoning , etc. Messrs. Putnam and Perbix responded
to concerns voiced by various Council Members.
Penzel moved to adopt Resolution No. 957 amending the 1968
Comprehensive Guide Plan and delete Paragraph 1.A and 1.G ,
Pauly seconded.
_ Roll call vote taken with Council members Meyers, Pauly,
and Penzel voting "Aye", and Bye and Osterholt voting "Nay" .
Motion defeated.
Meyers moved to amend Penzel' s motion that Paragraph l.0
read "on Page 51 of said report except that in the: " and
include corrections made and close Public Hearing. Penzel
secondea. Roll ;.all vote taken with Council Members Meyers,
Pauly, Penzel voting "Aye" and Bye and Osterholt voting "Nay" .
Motion carried.
B. Red Rock Hills PUD by John Houston requesting rezoning from
Rural to - and preliminary plat approval for approx-
imately 80 s.f. lots. Ordinance No. 284 and Resolution No.941. .
Minutes , March 11, 1975
II. PUBLIC HEARINGS: ( Cont' d.)
B. -Mr. Houston explained plat and how they worked in a small
park. Stated he would like to dedicate land to City so >
they would be responsible for maintenance rather than form
a Homeowners ' Assoc. which he feels is unnecessary.
Discussion followed regarding size of park, maintenance
required, recreational facilities available in nearby areas,
size of access paths, whether park should be publicly or
privately owned, whether Homeowners ' Assoc. should be {
voluntary, etc.
a
Mr. Paul Choiniere expressed his support of the Park and
Rec. Commissions' recommendations and stated he was confused
as to why the Council wanted a park when so much trade-off
has been done .
Mr. Harry Bongard voiced his concern about location of road.
The City Engineer explained the reason for the location of
the road and that ad jutments could be made at a later time
if it would interfere with development on Mr. Bongard' s
property to the extent some lots would be unbuildable.
Meyers moved to adopt first reading of Ordinance No. 284
granting rezoning from Rural to R1-13 .5 and instruct City
Attorney to draft rezoning agreement and close Public
Hearing, Penzel seconded. Motion carried unanimously. � �r
Meyers moved to adopt Resolution No. 941 granting preliminary
plat approval for 80 s .f. lots in Red Rock Hills PUD based
on revised plat including private park and playfield, require
developer to establish Homeowners' Assoc. , and recommendations
of staff, Planning/Zoning Commission and Park/Rec.Commission
regarding trail system. Penzel seconded. Motion carried
unanimously.
C. Lutheran Church in America, requesting rezoning from Rural
o PUblic orQuasi- u is for a 3 .4 acre site located on the
south side of Co . Rd. 1 and 600 feet west of Homeward Hills
Road, Ordinance No. 301.
Mr. Putnam explained site and location of proposed church.
Mr. Robinson of the LCA told the Council that they are asking
for rezoning; at this time so they can complete the purchase
of the property and be assured it can be used for a church
site. Stated it would be about five to ten years before
a church would be built p but they are planning for future.
Dr. Wersell representing Twin City LCUSA (joint planning
of Lutherans) stated their plans for the future and reasons
for selecting this site. )
Minutes -3- March 112 1975
II. PUBLIC HEARINGS: (Contd. )
C. Mr. Hustad expressed his opposition to this site being
•t
zoned for a church as he hought it would preempt alternate
land uses which would affect his property and the property
of those owners whom they represent.
Mrs. Joanne Scobie stated her opposition to land being zoned
for institutional use as it would be a deviation from land
use plan in that area .
Mr. George Carter of The Preserve stated when the idea of
The Preserve was conceived, they .ranted to establish an
ecumenical center, however, that has fallen by wayside .
Council Members discussed the length of rezoning request
and that the proposal presented was vague.
Penzel moved to deny request for approval of first reading
of Ordinance No. 301 granting the rezoning from Rural to
PUB or Quasi--Public for the Lutheran- Church in America site
based on reasons presented by Planning Commission Minutes
dated March 10, 1975 stressing lack of adequate detail in
proposal and time element, with the exception of "C" under t
Planning Commission' s recommendations and adding word "planned"
after "other" under ID"; and closing Public Hearing. Meyers #
seconded. Roll call vote taken with Bye, Meyers, Pauly, Penzel k
voting "Aye" and Osterholt "Nay" . Motion carried.
III. ORDINANCES AND RESOLUTIONS :
A. Resolution No. 9514. approving the concept plan for The Preserve
Commercial an rea PUD-74-12F.
City Attorney Perbix explained Resolution and pointed out
changes made in Development Agreement.
Council Members discussed purpose of development agreement
and future rezoning.
Messrs. Carter and Hess of The Preserve responded to questions
by Council Members..
Meyers moved to refer Resolution No. 954 ,approving the concept
plan for The Preserve Cotamercial Plan Area PUD-74-12F with
exhibits back to staff for purpose of reworking development
agreement to reflect preliminary plat and concept approval.
Penzel seconded. Motion carried unanimously.
B. First reading of Ordinance No. 300, regulating and licensing
mechanical amusement devices and providing a penalty.
Mr. Franc explained Ordinance and Mr. Sanders responded to
inquiries by Council Members.
{
Penzel moved to approve first reading of Ordinance No. 300
with following corrections: (1) Combine (a) and (b) under
• 0
Minutes —4— March 11., 1975
III. ORDINANCES AND RESOLUTIONS: (Cont' d. )
Is B. Section I , (2) Delete Sections k and 9 (3 ) Add Manager
to be responsible for control of machines under Section 2
and renumber sections accordingly, 'l-leyers seconded. Motion
carried unanimously.
C. Federal Flood Insurance Program, Resolutions ..No. 958 and
o . M applying x-or inclusion in the program and directing
staff to file the application.
Penzel moved to adopt Resolution No. 958 applying for
inclusion in program predicated on the Federal Government' s
recognition of our Floodplain maps, Pauly seconded. Motion
carried unanimously.
x;
Penzel moved to adopt Resolution No. 959, Meyers seconded.
Motion carried unanimously.
Penzel requested the Staff inform the Council if the Federal
Government does not approve Eden Prairie' s Floodplain Naps.
IV." REPORTS OF OFFICERS, BOARDS AND CO2-WIISSIONS:
B. Report of City Engineer.
3 . Eliason Builders. Inc. recauest for modification of the
4Lset acx requirements or the Round Lake Estates Addition.
Mr. Frane responded to inquiries by Council Members
regarding the setback request .
Meyers moved to refer to Board of Appeals and Adjustments
with Council recommendations, Penzel seconded. Motion
carried unanimously.
k. Kingston Drive Traffic Studies
Bye moved for Staff to submit report to Council at
meeting of March 25, 1975, Penzel seconded. notion
carried unanimously.
C. Report of Director of Community Services
2. Report on #18/169 Corridor Committee Meeting-, of 3/4/75
State Representative Doug Ewald appeared before Council
to request how Eden Prairie wants him to respond to bill
before Legislature .
Council Members discussed various aspects of the bill.
Mr. Carter of The Preserve stated it would help them,
but feels Eden Prairie has enough to be concerned with
at this time such as Ring Route, Hgwy. 5, Freeway, etc.
Minutes -5- March 11, 1975
IV. REPORTS OF OFFICERS, BOARDS AND COMISSIONS: (Cony d. )
C. 2. Also, that the bridge and upgrading of Co. Rd. lg
should be done, but not now.
Meyers moved that Council should reaffirm its prior
position of opposition to the bill, Pauly seconded.
Motion carried unanimously.
Penzel requested Rep. Ewald communicate to the Council
if any of the concerns discussed regarding the bill
are aired in the Legislature.
Rep. Ewald asked that the Council submit their feelings $
to him in writing.
,
At 12':30 a.m. , Penzel moved to continue meeting on March 13 , 1975
at 7:00 PM in City Hall to handle rest of agenda, Bye seconded.
Motion carried unanimously.
e