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City Council - 03/04/1976 APPROVED MLNMS EDE T PR.lIRIE CITY .00UNCIL • THURSDAY, March 4, 1976 7:30 PM, CITY HALL COUNCIL ]BMIIBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix Planner Dick Putnam City Engineer Carl Jullie Recording Secretary, Donna Stanley INVOCATION - City Manager, Roger UZ.stad PLEDGE OF ALLEGIANCE ROLL CALL Pierce, Penzel & Meyers were present. Bye arrived at meeting at 7:45 PM; Pauly arrived at 7:50 PM. I. APPROVAL OF AGENDA AND OTHER ITr S OF BUSM ESS The following item was requested to be added to the New Business category. A. Discussion of possible topics at meeting with Legislators on Saturday. MOTION: Pierce moved, seconded by Meyers, to approve Agenda as amended. Motion carried unanimously. II. PUBLIC HEARINGS A. Robgrt H. Mason & Fraser Scho21j Inc., reguest for PUD aAp, rezoning from Rural to F&I 6.5 and _preliminary plat approval. Mayor Penzel opened public hearing requested by Robert H. Mason & Fraser School, . Inc. regarding 4 acre site located in the the northeast corner of the intersection of the East/West Parkway and Preserve Blvd.p and introduced Dr. Robert Kowalczyk, Executive Director of the Fraser School. Dr. Kowalczyk gave a slide presentation of the proposal and offered as additional information, his experience in initiating research across the U.S. in e.d sti ng group homes. For background information, he stated the approval of the program by the Human Rights Commission, the South Hennepin Human Services Commission, and the Planning Commission of Eden Prairie. Mr. James Robin, landscape architect, spoke to the site and responded to questions on how much of the site would have to be filled and where this fill would come from. He stated that the entire site would have to be Council Minutes - 2 . Thursday, March 4, 1976 A. Robert E. Ya so n & Fraser School,„ Inca .amroval (co nt=d Z raised to provide adeQuate drainage, and we will receive fill from the Windslope site next door. Mr. Bart Jordan, Board member of the Fraser School, was introduced and presented the plans for the houses and site development. He emphasized that they were trying to make the homes large, airy, and pleasant and each house :could cost about $I50 , 000. Mayor Penzel called for Planner Dick Putnam to review the Planning Commission Minutes and other reports. Planner Putnam gave a brief summary of the various bodies which had re- viewed the Plan and their action. He spoke to the Planning Commission Minutes of January 26, 1970, touching on the six points which Motion Four was based upon. City Attorney Perbia explained, for the benefit of the audience , that Ordinance 289 came in advance of any other ordinance in the State on this type of legislation, and that State Law came after ours and did make some changes. k Mayor Fenzel called for questions from the Council. a Kowalczyk responded to ouestions from Meyers regarding the residents social Integration in the community and the ,guarantee of the highest quality of parents obtained. He said that social integration into the neighborhood was part of the plan, and that the Department of Public Welfare has set the guidelines for training and other qualifications of the house parents. Pierce inquired as to where the young adults would be coming from and how it would be handled. Kowalczyk answered that they would be mainly from the south and southwest suburban area., and it would be dictated by the Department of Welfare, based on the needs of the residents. Council members had questions on: the use of the recreational facilities by the residents - Kowalczyk stated they will control the element of too many going down to- use the facilities at one time, and hoped to involve volunteers, because of the handicap of some of the residents; the possibility c`.' breaking down the project into stages - problem was that training time would be wasted; State and Federal approval applicable at this time - approval cannot be received until Council approval is given;-&funding for the project Kowalczyk assured members that funding was available. Mayor Fenzel opened the meeting to the audience. John Sakella and John Retterath presented a series of five letters against the proposal, and in favor. of keeping Ordinance 2899 with additional signa- tures from Preserve opponents. Council Minutes - 3 — Thursday, March 4, 1976 A. Robert H. Mason & Fraser School. Inc. . approval (cont'd) John Bergan, 8705 Bentwood Drive, Preserve, was opposed to the proposal because he felt that the average age of the residents, which would be the age of 34, would mean that many Would not be graduates of the Fraser School, and therefore, not trained. There was discussion on the selection of the residents, which Kowalczyk said would be made by the Intake Conmittee, made up of parents, professionals, and lay people, and with our input. He added that approximately 75% of residents will be Fraser School graduates. Fred Berglund, 7835 Eden Court, speaking to the letter opposing the pro- posal because it would be similiar to an institution, defended institutions, stating; that the Mayo Clinic and Univ. of Minnesota were institutions, and was in favor of the proposal. Sakella, Preserve, felt the proposal was to provide "family environment" and should house six,rather than twelve, which made it an institutional size. Bye spoke to the letters submitted by Sakella and felt they, were too late for the Council to study, since they were introduced only tonight. Joan Dudley, Preserve, apologized for the lateness of the letters and said their intention had been to submit them earlier. She requested that the Council go over them and give them some answers. Bye spoke to some of the letters and briefly answered some of the questions. 4 Pauly requested that Don Hess of the Preserve and City Attorney Perbix speak to letter no. 4. Mr. Hess stated that there are no restrictions at all for Preserve residents to use any of the facilities which have been provided by the developer. Attorney Perbix spoke to the question of the Preserve "Declaration of Covenants", and stated that our position is that those are private rights of the people building the homes and not rights that the City gets involved with. John Davis, 11240 Windrow Dr., Preserve, felt the homes should be scattered throughout the neighborhood MOTION is Bye moved, seconded by Meyers, to close public hearing and to adopt Resolution No. 1098. hbtion carried unanimously. MOTION 2a Bye moved, seconded by Pierce, to approve the first reading of Ordinance 313 from Rural to R2d 6.5 and to direct the Staff and City Attorney x to draft a Developers agreement, containing recommendations from Planning Commission Minutes of January 26. 1976 and establish a select committee consisting of house parents and residents . Motion carried unanimously. Pauly questioned point no. 2 of the Planning Commission recozmnendations referring to future family care homes being allowed in the Preserve. City Manager Ulstad stated that Attorney Perbix will review this point prior to the second reading. } Council Minutes Thursday, March 4, 1976 A. Robert H Mason & Fraser School,, Inc. * (cont'd) K ION 3: Meyers moved, seconded by Bye, to adopt Resolution 10991, approv- ing preliminary plat, lot 8, block 2. Fenzel offered amendment of including outlot for homeowner's trailway and transfer to Winslopesite, agreed to by Mayers. Motion carried unanimously. B. &enyale ll-h by Edenvale. Inc.. request for rezoning to RI-13.5 with lot size,-varj.nnces and Ere'lirinary,pls„t„aonroval far approximately 22 lots on 6 acres. Don Peterson presented the proposal of Edenvale llth Addition, by Zachman Homes and Edenvale Corp., located at intersection of Woodhill Trail and Edenvale Boulevard. Mr. Zachman spoke to the proposal, stating that homes would be somewhat on the order of Sc =er 'Moods and Village Woods, except the garage is optional in order to keep the price down. Report of the Staff was presented by Flamer-Putnam, who spoke to a summary of PR & NR Minutes and recommended approva].�the proposal subject to the points outlinndby Mr. Peterson. Addressing himself to the Planning Commission request regarding setback, he stated that he felt the 30' setback was very adequate. City Attorney Perbix questioned Item C. of the recommendation and whether a the bond was to cover the recreation area: and bikeway. Putnam responded ,> that the purpose of the bond was to make sure these points were aceoaplished, and if development is finished before people move in the bonding would not be necessary. Mayers asked if this project was successful, mould the remaining area be proposed as an extension of this project. Peterson responded that they do not have a continued option agreement on any other portion except these 22 units. Meyers questioned the driveway and inquired as to cost for extending the driveway. Zachnan responded it would cost ';)200 per house, with Peterson adding that the reason for carrying driveway to the rear of the house was 3 to give the project a finished look. Mayor Penzel asked Putnam to speak on background requirements on Planning Staff Report of January 22. Planner Putnam spoke to the requirements such as variances which would be necessary and landscaping. Pierce suggested that one of the lots be moved around or eliminated to ease the problem of the driveway, with Peterson responding that they have experimented with eliminating one lot and that it would increase cost of other lots by $500 with again of only 2? feet. Mayor Fenzel called for questions and comments from the public. Mari Dragseth, Edenvale, spoke in favor of this project and for alternate housing, and commented that as a resident of SummerWood with this type of driveway, they found it very palatable for a growing family with a young income. y. x Council Minutes - 5 - Thursday, March 4, 1976 B. Edenvale llth ., Lacres(cunt'd) M?T7O11 1: Pauly moved, seconded by Bye, to close public hearing and to approve first reading of Ordinance 319 regarding rezoning from RM 6.5 to RI-13.5, with the lot size variances and direct the City Attorney to draft a develo- pers agreement with the provisions on Planning Commission recommendation of February 23, 1976. Pen.zel suggested including in developer's agreement, that Fdenvale meet the normal City requirements toward making trailways and in response to Riley-Purgatory Watershed District letter of January 26 which states that the developer retain responsibility for providing adequate erosion control neasures on the site regardless of future ownership of the entire site or subdivided portions thereof. Pauly agreed to the additions. Motion carried unanimously. Peterson commented that he would have a trailway plan in a week and a half and meet other requirements in their proposal before the second reading. MOTIOIT 2: Meyers roved, seconded by Bye, to adopt Resolution 1100 based on revised preliminary plat dated February 5, 1976, that included tot lots, bikeway, & play area. Motion carried unanimously. C. T.H. 5 and County Rood 4 Planned Study Rezoning_. consideration of ronerties in the northeast southeast and southwest ouadraat.2 of the intersection City Manager Ulstad gave background information on properties involved. Planner Putnam spoke to the reasons why they have initiated the Planned Study, because of the Guide Plan Update and Pemtom requesting public hearing on their proposal, and with the question being - why put it Into Planned Study when we are going to do something with it. He suggested eliminating the Pentom Study and lower right parcel, south of Highway 5. Pierce inquired whether there were any development pressures. Putnam res- ponded there were none except the Pemtom Study. Mayor Penzel asked for questions from the public. Ruth Quaal, 16191 Westgate Trail, submitted letter with signatures against the Gonyea proposal, located at the Northeast corner of Intersection State Highway 5 and County Road 4. Keith Bj erk, 16371 Westgate Trail, asked whether there was something they could do make sure that something good was done with the property. 7 p Bye responded that in the Comprehensive Guide Plan, which is being 'updated at this time, the communityb requests are part of this. Mr. B3erk questioned the need for a shopping center. Pierce responded that due to circumstances of existing zoning, there is very little the City can do. C Council Minutes - 6 - Thursday, March 4, 1976 i C. T.H. 5 and County Road 4 Planned Study Rezoning. .4/5 intersection.. (eont'd) Jim Quaal, 16191 Westgate Trail, stated that they were oldest residents on Westgate Trail, and they were concerned with what used to be a corn- field. He asked what Eagle Enterprises was going to build. Planner Putnam responded that it would be a mini-mall or small shopping center, and added that the potential is there to develop the same way commercially on all corners. MOTION: Meyers moved, seconded by Pauly, to close the public hearing and adopt the 1st reading of Ordinance No. 322Z, rezoning to Planned- Study the northeast quadrant and commercial. parcel 17-9 on the southwest quadrant, the north half of parcel 17-8, and the-remaining parcels on the southwest quadrant. -- Motion carried unanimously. Putnam requested map of area be inserted in the Minutes. --------------- n� III, FORTS OF OFFICERS, HOARDS & C0MaSSIONS A. RgroXt_ of City-Engineer 1. Apnrove Plena and Specifications and order advertisement for bids for utilities and streets for areas F and G of The Preserve Cormercia Plan I C. 51-27A Res 210 0 City Manager Ulstad spoke to the plans and specifications for consideration of the Council and asked for consideration of advertisements. MT101h Meyers moved, seconded by Pierce, to adopt Res. No. 1097 approving plans and specifications and order advertisement for bids for utilities and streets for areas F and G of the Preserve Com mer- cial Plan, Z.C. 51-274. ` 2. Rgeeive petition for street and utility jMrovements for Red Rock Rills 2nd Addition, I.C. 51-285 (Res. Ito. 1082) � Mr. Houston, developer, appeared before the Council and responded to questions regarding the Red Rock Hills 2nd Addition. `` Council Minutes - 7 - Thursday, March 4, 1976 2. Receive RetItion for street and utility rov. for Red Rock Hi s..2 -28 (cont�d)j 1. , MOTION: Bye moved, seconded by Pierce, to approve Resolution 1082., omitting "per their petition letter dated Jan. 30, 1976''(end of let par&.) to receive the petition for street and utility improvements for the Red Rock Hills addition and advertise for bids. Motion. carried unanimously. 3. Agprove final plat-of St. John's Wood 7th Addition(_Res.No, 3,096) City Engineer Carl Jullie spoke to the Resolution and stated that they Were in the last stage platting of the St. John's Wood Project which has 16 units. MTIONs Meyers moved, seconded by Pierce to adopt Resolution No. 1096 approving Final Plat of St. John's Wood Seventh Addition with the follow-- ing additions: safety measures required for ponding area shown on the plat, and signing installed at turn-around shown on plat denoting temporary - - status . Motion carried unanimously. "! IV. NEW BUSINESS A. Usctnssion f possible topics at meeti.pg with Lezislstors on Saturday. Councilwoman Neyers felt that if someone was going to the meeting, they should be aware of our concerns. Concerns discussed were: fiscal disparities, road problems, access to highways, pending Bills such as; Use Formula for General Hospital, 1 Metro Open, Space Plan, and FAU funding. t` Mayor Penzel announced that he would attend the meeting. 1T. ADJOURI�A� Bye moved, seconded by Pierce, to adjourn the meeting at 31s15 PH. Motion carried unanimously. G