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City Council - 04/01/1975 APPROVED b MINUTES EDEN PRAIRIE CITY COUNCIL x TUESDAY, APRIL 11 1975 7:3 0 PM, CITY FALL z COUNCIL MWIBERS: Mayor D. W. Osterholt William Bye Joan Meyers Sidney Pauly Wolfgang Penzel COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Planner Dick Putnam Director of Community Services - Marty Jessen Engineer Carl Jullie INVOCATION - Given by Rev. Fred Herzog of New Testament Church PLEDGE OF ALLEGIANCE 4L., ROLL CALL - Bye , Meyers, Pauly, Penzel - Present ; Osterholt - Absent I. MINUTES A . Minutes of the Joint Council/Planning Commission/ Park Rec. Commission meeting heldFebruar 13 1975 with a reserve. Pg. 1, delete "Mayor David Osterholt" from Members Present. Pg. 2, Item 2, Insert "in" after "housing" . Penzel moved to approve minutes as published and corrected, Bye seconded. Bye , Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. B. Minutes of the Regular Meeting Held March 25 , 1975. Pg. 1, A & B, Delete "Councilwoman" , insert "Vice Mayor" . Pg . 1, B, Add "of 47" . Pg. 39 IV. B, delete "legally to. . ." , insert "to enforce his recommendations" . Pg . 4 , V.B. , add to motion "and direct staff to list available space for temporary storage which might be � available for the Society' s use . " Pg . 5 , correct "Burger" to "Boerger" . 1 1 J MinuteF -?- April 12 1975 I . MINUTES ( Cont ' d. ) B. Pg . 61 VI . A . 5 , insert "request for" after "fact that" . New Business: Marty Jessen will be City Staff member of School District Steering Committee Facility Study. Penzel moved to approve minutes as published and corrected, Pauly seconded. Bye , Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. II. PUBLIC HEARINGS : 4 A . Resolution No. 954 (Continued Public Hearing) , approving e anne nz evelooment Plan for Area F of The Preserve Commercial Plan, LD-74-PUD--12F. Mr. Putnam explained changes Preserve has made and responded to questions by Council members . Mr. Jullie stated the proposed turning lanes on Hgwy.169 . must be approved by the State Highway Dept . Penzel moved to adopt Resolution No . 954 and amend as follows: (Pg. 29 last para. ) "any one parcel" and (Pg. 3 ) "on the 1st day of April, 1975" , Pauly seconded. Bye , Meyers, Pauly, and Penzel voted "aye" , motion carried unanimously. B. Eden Prairie Health Center by Methodist Hospital ( continued Public Hearing-, reo_uesting FUD Development Stage Approval and rezoning to OFC District for the construction of a medical office building. The site contains approximately 5 acres and is located in Area F of The Preserve Commer- cial Plan. Mr. Earl Dresser of Methodist Hospital presented the request to the Council. He explained the various phases of the proposed Health Center and stated Eden Prairie was designated as a primary source of medical care in this area. The Health Center will provide three physicians at first increasing to five physicians, laboratory -X-ray service , some dentists , community health programs, public nursing service , mobile life support unit operated by para-medical personnel in conjunction with Smith Ambulance , emergency service , etc. Council members questioned Mr. Dresser regarding an elevator in building, Planning & Zoning Commission recommendations , parking, if 24-hour emergency service would be provided, access routes , signage , etc. Y.. I-linute: -3- April 1, 1975 I1r PUBLIC HEARINGS : ( Cont ' d. ) B. Eden Prairie Health Center. . . (Cont 'd. ) Bye moved to close Public Hearing and adopt Ordinance No.302 relating to zoning for Methodist Health Care Center LD-75- Z-05 and amending Ordinance No. 135 and including recommend- ations of Planning and Zoning Commission report dated March 10, 1975 and Staff Report dated Marehl4, 1975 , Penzel seconded. Bye, Meyers, Pauly and Penzel voted "aye" and motion carried unanimously. C. Titus Inc. & Flying Cloud Land Co . , (Continued Public eating) , request for rezoning rpm RI-22 to C-Hwy. and LD-74-PUD-10. The proposal is for 7.8 acres and located north of W.78th Street and west of the new Eden Prairie . Ring Road in the MCA . Mr. Dave Frederickson of Flying Cloud Land Company showed Council pictures of other developments they have done . Mr. Reese explained the proposed project to the Council and responded to questions by Council Members regarding berming, types of plantings, access to 78th St . , dedica- tion of land for road, cash in lieu of land for park dedication, type of grading, etc . Mr. James Brown, Chairman of Building and Grounds for the Presbyterian Church, stated the church does not plan to move or using development around them to produce dollar value on grounds. He gave a brief history of the church' s plans and how they purchased the adjacent lots to the east and are using them for park purposes and will continue to do so . Also , stated they were worried about appearance of the back of the development and requested the developers meet with church board. Mr. Brown requested that there be no garish signs if liquor is to be served in the proposed restaurants. Penzel moved to close Public Hearing and adopt Resolution No . 964, approving the Planned Unit Development Plan for the LD-74-PUD-10 Commercial Plan by Titus Inc. , including a proposed roadway outlot be created by a covenant by the City for use at some future date ; and the following changes: (Pg. 4, Planning Commission Minutes) correct Feb. 3 1975 Staff Report to March 3 , 19759 ( Pg. 2 of Resolution delete "market value" insert "full and true", (Para. 5) insert "one" after "any" , and change date adopted to 1st day of April, 1975 , Bye seconded. Bye , Meyers , Pauly and Penzel voted "aye" , motion carried unanimously. Minutes -L- April 1 , 1975 II . PUBLIC HEARINGS : (Cont' d. ) D . Community Development Act , 2nd Public Hearing. Discussion o i eway i eway first phase trailway system proposed under Community Development Act of 1975 and included in Resolution No. 969. Mr. Putnam responded to questions by Council Members regarding the priorities of 1174 Hikeway/Bikeway Report, Funds expected from HUD under CDA , and why path along Valley View Rcad was selected. Mr. Tony Moser, 7263 Topview Road, asked how far the path will go - all the way to 494 and when will it be completed. Mr. Putnam - will be done this year if money is available and will go to 494 if funding is received. Jessen - are working on first three priorities and will do what they can with available money. Are considering bonding (P & R Commission) and have estimated costs for completion to 494. Mr. Jerry Wigen, 7000 Kingston Drive , asked if path were going to run adjacent to Edenvale Golf Course and stated that the path in Edenvale provides no protection from golf balls and has been used by snowmobilers and mini- bikes. Also , that Edenvale residents have gotten together in opposition to pathways in the Edenvale area. Voiced his concern on future pathways and lighting for same . Bye moved to close Public Hearing and adopt Resolution No. 969 authorizing the City of Eden Prairie to apply for CDBGP for first phase implementation of the Hikeway/Hikeway plan, Pauly seconded. Bye , Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. E. 1st Reading of Ordinance No . 34, PUD zoning amendment to Ordinance No. . City Manager Ulstad presented to Council stating that the Planning/Zoning Commission and Park/Rec. Commission discussed the reasonableness of the adding of a district called PUD to Ordinance 135 . Considerable discussion followed the present alt.ion of this matter with Messrs. Putnam and Perbix responding to Council member' s questions regarding the need for such a District , safeguards and how it would affect other areas of Ordinance , creating a district to give concept approval, misconceptions concerning PUD' s being a zone, etc. Penzel moved to continue consideration of matter until 3rd meeting in May and instruct Staff to rework draft of submitted PUD Ordinance to include commercial, industrial and residential zones and submit said revision to Planning and Zoning Commission for their consideration and recommendations to be presented to Council , Meyers seconded . Bye , Mevers Pauly and Penzel voted "aye" , rt ,a .x Minutes -5-- April 1, 1975 II . PUBLIC HEARINGS : ( Cont ' d. ) E. 1st Reading of Ordinance No. 303 (Cont ' d. ) Mr. Hob Kruell asked if this proposal applied to specific pieces of land. Perbix replied - "no" . Mr. Kruhl said he was worried about this affecting present plans and if cil:izens would still receive notices about proposed zoning changes . Perbix - will not affect present plans and citizens will still receive notices. Mr. Kruhl stated it seemed the "professional" types were for the change and "citizen-types" like us were against the amendment. Mr. Perbix explained that PUD ' s are not understood by a number of people and that they are treated differently in different communities. Council has been very careful on zoning to observe procedural requirements . Zoning creates some status and PUD' s are given only when rules are adequately defined. Also, gives more legal status- by Ordinance than a Resolution. City Manager Ulstad explained his definition of PUD' s and referred to "contract zoning" . Stated there are really two stages - concept approval and development approval. 01 Mr. Don Hess of The Preserve - what Ulstad says makes a lot of sense . There are two stages - concept approval and development approval. Everyone has so many different views of this area and time comes along when we may be getting in situations where land cannot be sold because of the time element in getting approval. j Mr. Kruhl stated he thought ,present method working very well, particularily in one area. Putnam replied it worked very well in that area because developer cooperated, however, need procedures formalized so all developers would cooperate even if they didn't want to. Stated we need to update what we have in Eden Prairie to accommodate needs for urban city. Kruhl - leaves us with some help with our concerns. Putnam- should be stated what procedures are at beginning. We do it now in operating procedures, but it is not part of the Ordinance and it is chaos to explain what we are doing. Mr. James Brown - going back to Comprehensive Guide Plan, PUD was unheard of when brought in by Brauer. They have to come in with something, but have nothing to work with when they have no set zoning. Need a legitimate zone to recognize what is now up in limbo . Still have to get final approval in the end. You can take this into a bank, HUD, etc . and they will recognize it. 1-Unutes -6- April 1, 1975 III . REPORTS OF OFFICERS , BOARDS , AND COMMISSIONS : A . Report of City Engineer 1. Receive petition from Mr. and Mrs. RaXMond Stodola For sewer and water service to bbZ5 Eden rairze Road, ana adopt, Reso ution o. 971 or erin _ re- paration of a feasibility repo on ro1ecI .C. 51-2T5. Mr. Jullie explained petition and responded to questions by Council Members regarding where the line would be hooked up, if part of pipe could be considered a trunk line , etc. Penzel moved to receive petition and adopt Resolu- tion No . 971 ordering preparation of feasibility report , Bye seconded. Bye , Meyers, Pauly and Penzel voted "aye", motion carried unanimously. B. Report of Director of Communitv Services 1. Anderson Lakes Park - Consideration of Condemnation. Mr. Jessen explained to Council and responded to Council members questions regarding the property considered for condemnation and the alternatives. Penzel moved to direct Staff to approach Metropolitan Council regarding getting some flexibility of these funds and see what happens, Pauly seconded. Bye, Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. Bye stated the Staff should bring the concerns of the City regarding Condemnation to the proper associ- ation for some help. C. Report of Planning Director 1. Ordinance No. 135 Changes of Industrial Districts to c ari v office esignat ons. City Manager Ulstad asked to have this matter contin- ued in order to give Staff time to consult City Attorney and refer to Planning and Zoning Commission. Penzel moved to continue matter to give staff time to consult, City Attorney and refer to Planning and Zoning Cor►.mission, Bye seconded. Bye , Meyers, Pauly and Penzel voted 'lave" . motion carried unanimous l v. w Minutes -7- April 1, 1975 1 1 -1 . REPORTS OF OFFICERS , BOARDS, AND COPNISS IONS : (Cont ' d. ) C. Report of Planning Director (Cunt ' d. ) 2 . Housine Assistance - auantitative housing goals for ity or ovr mo erate/market rate housing units. Mr. Putnam explained and stated he would like to have matter placed on agenda for next Council meeting . Penzel moved to receive report and request Manager to place on agenda for discussion for next Council meeting, Bve seconded. Bve , Meyers, Pauly and Penzel 11 voted "aye" , motion carried unanimously. D. Report of Finance Director 1. Clerk's License List Penzel moved to approve Clerk' s License List , Pauly seconded. Bye , Mevers, Pauly and Penzel voted "aye", motion carried unanimously. IV. N0.1 BUSINESS a Bye - 4/5 Study. Bve moved it be placed on agenda for April 89 1975 Council meeting to clarify Council position, Pauly seconded. Bye , Meyers, Pauly and Penzel voted "aye" motion carried unanimously. Bye - Suggest the legal formation of a new advisory commission to advise and aid in policies concerning inter-agency affairs in national, state , county, and municipal entities as govern- mental agencies. Advise and implement relationships as to policy and goals of internal Eden Prairie organizations - city - school - church - business - labor - and Chamber of Commerce . Implement creation of growth and development plans to create and enhance image and quality of life in Eden Prairie ,. Bye moved the City Manager and Staff consult with present Commissions and study and report guidelines and procedures to create an Eden Prairie Inter Agency Advisory Commission, Penzel seconded. Bve , Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. Penzel - Staff be directed to have member present at Chanhassen Council Meeting on April 9, 1975 regarding lumber yard zoning request . Penzel moved to direct Manager to send staff member on our behalf to April 9, 1975 Chanhassen Council Meeting , Bye seconded . Bve , Meyers, Pauly and Penzel voted "aye" , motion carried unanimously. Minutes -8- April 1, 1975 IV. NEW BUSINESS ( Cont' d. ) City Manager Ulstad - Presented new Sector Map to Council and and requested they give staff their feelings and suggestions. - South-bound one-way on Kingston a problem as school bus uses Kingston Drive for north route. - New Testament Church requested temporary sewage facilities as tying into present line would be very expensive. - Presented letter from Eden Land Corporation to Council members. - Joint meeting of Park and Rec. Commission and City Council regarding capital improvements program. Penzel moved to set special meeting of Park/Rec. Commission and City Council April 10, 1975, 7:30 P14P City Hall, Meyers seconded. Bye , Meyers, Pauly and Penzel voted "aye", Motion . carried unanimously. Council agreed to have letter submitted to Councilwoman Pauly requesting a geological survey for Eden Prairie signed by the Mayor. V. ADJOURNMIEWT Penzel moved to adjourn at 12 :32 a.m. , Bye seconded. Bye , Meyers, Pauly and Penzel voted ' aye•' , motion carried unanimously. J - _.