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City Council - 09/07/1976 APPROVED Ii: ,NIUTES _PRA I R 11' CITY CCUr3C I L TUESu:;Y, SEPTEMBER 7, 1.976 7: 30 PM, CITY MALL " COUNCIL 101,13ERS: Mayor Wolfgang Penzel Billy [aye Joan Meyers j Tim Pierce Sidney Pauly COUNCIL STAFF PRESEPT: City Manager Roger U1 stad City A40rney Harlan Perbix City Engineer Carl Jullie Plarni ng Di vector Dick Putnam Direostor of C;orrr.unity Service: Marty Jesse: Recording Secretary Joyce Provo INVOCATION: Harlan Perbix, City Attorney O PLEDGEE OF ALLEGIf,ivCi= ROLL CALL: All mer+bers prescrit. f 1" 2 n ," "i P T!rr.. 1-- I;C G D ;SI MESS T . r,PE'i��7'. :�� ..F E1GL(.Jr, Ai.'" 0 � : . ! �l . C, L'liJ1 .L.._ The following itei-s were rec,;,Psted to "a ac'r'ed to the cgenaa unaer the "New Business" category: A. IYerno on Mobile Homes frow City_ Atltcrs.e_y Perbix. B. R,�-ouest. '-or Public ��i'i n fo:' rrzoninq fe^r,m Rural to RIA 6. 5 ror i',�l l 1i i l�y Ic-ts _ 1r;d c_c, Jl c- 'Jtli' calow lots i ri 4h�. Cree`".yooa area. � --- -.__� _ � _ C. Ri=rort by . fZ ael l and Ir.ads-en ;,n the -i ntercr�tnr se,.er. MOT n:c"ved, secerdzcd by Pic:.rce, to approve the ager-da as amanded ali. Ilu:)lishec' - imc"t­ion cur+'ied unanlmou'Sl y. 1I . P?I TES A. Minutes of the emu':Lr rounci ?_hIeettng _held Tuesday, Auqust 10, 1976. Ng. G , para. 7, 2nd I ."ce, tit" 11,e "balance" ar;I insert "'financial records". Prt 5, parrs. b, str i k ' "Staff" Report" and insert ";ask Force Report". K'DTIOfd: ',lejers rsovv..: , secoi-,, t d by fierce , to approve the minutes of the Council meeting held Atiqust _0, 1976) as amended and published. (levers. f Pierce and Fenzel voted "aye" , Pauly rind Ifiy` :,atst-aivied". Motion c .rrried. �I B. 1-1inute: of the Regular Council fleeting held Tur?sday , Auclu_.t: 24 , V176 Pg. 1 , strike "corrected" and insert "amended" in the first line of the Motion in Iteni I . Pages 2 and 3, correct typographical errors . MOTION: Pierce moved, seconded by Pauly, to approve the minutes of the Council meeting held August 24 , 1976 as amended and published. Motion carried unanimously. IC HEUINGS Request from The Prese►�ve to preliminary_ plat Area H into 2 lots and to re,-one one 1 e t to -Regi ona l Service. 'The site is located in the soutrw,est u<:drant of C Schooner Boulevard E nd U. S V1169. Don Hess, outl'i ned The Preserve's request by graphic illustrations and answered questions of Council members . Dick Putnfn, Planning Director, spoke to the Planning Commission' s meeting held July 26, 1976 and the Staff Report dated June 17, 1976. . MOTION: Pauly moved, seconded by Pierce, to close 'the Public Hearing and approve the concept plan for Area'`H"of The Preserve, amending the f Preserve Cor..rjercial Plan based on the recommiendations of the Planning Commi ss lon dated July 26, 1976. N,EN0,11EIiT: Meyers moved to amend the previous motion, seconded by Bye, o restrict approval to Development Concept "C" illustrated on pages and 11 of the Preserve Commercial Center Development Site Area "H" �,00klet dated March 1, 1976. Motion carried unanimously. f h10TIOf; AS AtiE0ED: fleyers moved, seconded by Bye, to approve the previous motion as ar,ciiutt 1. Motion carried unanimously. M;OT10N: Pierce mr ,ved, seconded by Pauly, to approve the 1st reading o1 Orci r: nce No. 340, rezoning modified lot 2 of Block 1 to C-Regional Cor. ,..iercial using page 7 of The Preserve Commercial Center Development Site Arr_a `H" dated Plarch 1, 1976 as a general guideline describing the floodplain and C-Regional Commercial area . Further direct the City Attorney to prepare a zoning agreement prior to the 2nd reading of Ordinance No. 340. 1-7otion carried unanimously. h1uTIONI: Pierce moved, seconded by Pauly, to adopt Resolution No. 1184, approving the Preliminary Plat of Area "H" of The Pr^serve Commercial Plan LD-76-P-01 (page 13 of booklet dated March 1 , 1976) as modified to reflect the C-Regional Coinniercial and Floodplain boundaries illustrated on page 7 of booklet dated Fla-, cn 1 , 10,76. Further that specific site development plans shall be reviewed by the City staff with approval by the Pl anni nq Commission and City Council ,prior to issuance of building permits. Motion carried unanimously. i;. F?e^ t from Cro,•s:.rwn Baptist Church to rezone approximately 9 acres from site is located at 6500 Baker Road and south of St John Pastor Cornelius , Crosstuan Baptist Church , and Mark Putman, Robert Engstrom & Associates, spoke to the proposal and outlined the site. i Meyers questioned %•:hen the first phase of construction would begin. +j Pastor Cornelius stated that they hoped to begin within a year or a maximum of two years, depending on the growth of the congregation. Russ 1-1�.rsh, 6509 Baker Road, suggested that if there is any other 4-11an residential use of this property, that the 2nd access should be shut off. I'. MOTION: P_ye moved, seconded by Mdyers , to close the Public Hearino t and give a 1st reading to Ordinance No. 323, rezoning approximately i !' 9 acres of property at 6500 Baker Road from Rural to Public, direct � the City Attorney to draft a rezoning agreement, and further direct staff t:, c,4dr~ess concern of Mr. Marsh pertaining to the 2nd access. ' Moti Ur. carried unanimously. C_ Southwestern Eden Prairie, possible rezoning of the I-General Property located in South„,estern Eden Prairie to Planned Stuff. city Manager- Ulstad explained that this Public Hearing leas cal ied ' for at the request of the City, and .that all of the affected property ov,ners hzve been notified. Planning Director Putnam stated that he has had conversations with two property owners : fir. Herb Mason, who would like to be involved in the hens ive Guide Plan updating, and t1r. Larson , who has t ` mixed fue l i ngs if this should be put into Planned Study. The Planning Commission did reco.iimend putting this property into Planned Study for a one-year period. MOTJ3,: t`.eyers moved , secon•c'ed by Bye, to close the P;ibl is Hearing and gIvr- a 1st reading to Ordinance Flo. 341 , rezoning of the I-General t prc,perty ioca t ed in South%ges tern Eden Prairie to Planned Study for a r=eriod cif one year. Mlo:.ion carried unanimously. D. Request` from Robert Nyore n for preliminary platting and rezoni nq to F Ri-i3. 5 for G lots. 'one site is located south of Hidden Ponds on Val ey View-, Road between Park View Lane and the east plat boundary of Hidden Ponds. Robert Nygren spoke to his request and answered questions of Council mct:lbers. � Planninq Director Pus:.nam spoke -to the staff report dated July 22, 1976, and the Planning Commission recommendations from July 26, 1976. t P. .2 1). Pt'm, rc rt r v _P fur' t; I S. COT Z MOT 10 NI: Eye mo,,-ed, seconded by 1-le-yers , to adopt Resolution No. 1183, appr(,ving the. preliminary plat of' Robert Nygren LD-76-P-07.. Motion carried unanimously. MOT J G',: Meyers rioved , seconded by Bye , to close the Public Hearing and give a 1st Reading to Ordinance No . 326, rezoning the Robert Nygren property from Rural to Rl-1S. 5 for 8 lots . Motion carried unanimously . 11-1OT 10 Meyers moved , e seccndpd. by Bye , to direct the City Attorney to draft a rezoning agreement including recomimendations of the Riley-Purgatory Creek Watershed District it, letter dated August 4, 1976, and recomendations outlined in Staff Report dated Ju"y 22, 1976. Further that the rezoning agreement reflect that lots 1 and S will provide an easerent for the Valley View trail and 4ere will be no drive>.,,ays directly on to Valley View Road from lots 1 and .8. Motion carried unanimously. IV. ORDINANCES & RESOLUTTOS"IS A. 2nd Read-lwr of Cr-finance No. 334 . rezonino the 12 southerly lots of Forest 110 11 is f nd Addition from RI-22 to Rl -13. 5. 140T 10 1', : Paul)? —, Dved, seconded by Pierce, to approve the 2nd reading of Ordir;,-nce I,Io. .3134, rezoring the 12 southerly 1G-I-s of Forest Knolls 2nd frc,;i RI-22 to and ap;_.)rc;ve t-he rezoning qree.T, .­_:-nt v,,ith the charge on pg . 3, under item, 4 , line 4 ,. strike "Pural "_ rid insert "Rl-'24-_" .' Motion carried unanimously. nd- Readino of Ordinance No. 2(231 , rezonine 13 lots in Village Woods 2nd 7- 0 1 3. 5, aiid Pesc) ut*i0n_ f'o. 1179, al roving f-�' nal �ty 1-lanager Ulstad requested this item be con-t-irued as directives given by the ,uncil have nett t been —at at this tide.k- 110TION: Bye uroved, seconded by Pierce, to continue the 2r1d reading of Ordinance No. 283 and Pesolution No. 1179 to a date to be decided by the City Manager. tiotion carried unariirncusly. V. [;EPORTS OF OFFICERS, ECARDS & CC'-1MJSSIC,,,1S A. FZepRrts. c f Co tin c i 1 inernbe rs _ 7 _ Councilman Pierce reported on the meetiriq for nursing services held 8/31 and upcoming rieetir.q. with the South Hennepin Human Services Council to be held Thurs. , 1'r-pfe;­ er 9, 1976. City Manager Ulstdd referred to MET110 from Betty Johnson Ated SL-pte;.-iber 3, 1976, regarding "Co,-irunity Health Needs". Tt,.,o items were C(jUeSt.(_�d to be added to the rnctno: 1 ) School type physical examinations, and raced for so.- ial services for senior citizens. Pierce stated that he would see that the SHHSC received the memo from Betty Johnson with two additions . i 1'p City 1'an tiger Ulst.ad presented the 1977 City Budget to Council members and reouested the Council seta date for discussion of the budget. Ct twc i I members recei ved the budget, however, did not set a date for discussion of same - the date to be decided at the next C:;uncil meeting. C. Resort of Planning Director 1. RE-r;uest by Hustad -n.d Windsor DevelODME rit Corporation for varied st , nd'ards for Prairie E-st 1st Addition in the Prairie East P'UP_ - P1 a nn i n,e Di rcctor Putnam spoke to this request noting that the Plannirr Cormmmission voted in favor of this variance as being reason L)1 e. MCT10 Meyers moved, seconded by Pierce, to approve the side yard sf back variances for Prairie East Estates as follows : 5 fe"t . single story, 10 feet. . . single to 1 1/2 stories, and 15 feet. . .2 stories or higher. Motion carried unanimously. 2 . Re:iuest by i;ustad & 4;i ndscr Devel oc,ment Cornc�rat i on for 2 foot _ � _ sid_eV~? C ancroac + nts f: `° s"Eplac-s on a��ro�irately 1 �J to±s, Prairie rust ,nd it the Prair st'Pt,u— Planni r:g Directc,r %team spco!•.e to this request explaining that the Plarini o- Cc)n,;7';�,sion ..4s in agreement t:-itn request. MOTION: novYd, seconded by Pauly, to approve side yard vE:-I En,_—es i n the Prairie East 2nd Addition for 2 foot er�crc c!„ n1.s fc-r ;fireplaces only. Motion carried unanimously. D. RcDt>rt o; Dii,actor of Co:.,,runity Services I. hi ni Dfi rec .cn- et CG-M Lini ty Services Jessen spoke to the staff mama d;--ed duly 30, 1976, explaining that the 1977 budget incl---dos ri:oney for mini-rinks. 1h110TION: Keyers moved, seconded by Pierce, to approve the Mini- Rink program for 1976-1977 as outlined in July 30, 1976 memo. Motion carried unanimously. 2. Metr^ Revi:.ed Capital 1m,,)-oveir-ent Proq!-a .• Di rector ot. Co owuni ty Services Jessen rc,iewed the staff meino dated A-,;jj rs t 163 , 1976, reccimiend i ng approval of the five-yeas capital irnpro'r;a; ent- program for Eden Prairie parks in the regional systemn. seconded by Pierce, to approve the Capital r regio:ii i par',,:; 1,1�.mo dieted p i I ey to the rletropol i ti n infor:-­ Lion on L �,I: & Cipfji Space Co,i:::iission based on the Parks , Recreation ;t ,,? z u r i r c e- Co—,-,iiission ' s. roccimmendation of August 16, 1976. J t -t (coirlued from 8/10/76) F,,r e s t r y, Ta ,!- Force R r�,I tnt L Directc-!- 7 :,-iI-,-TiJri V, -c,-- r-vices jf,,sS ell spokc tc) the prel iminary draft t of the. For,.�,_rv/'tree Disease Control Task Force dated September 3, 1976, evPl air.,, nq -Ih(it ttie L.-, sk force will be again this ,.;eek zi:,.d vJ11 he i bring a final t ion before the Council at t rext Council maet i no . Meyers expressed her hope that the ta9C. force would have a chance to reviel... the prograin Governor Anderson has proposed on having the National Guard help collect the diseased trees. Bruce Armst,-crig, member of the Task, Force, expressed his gratitude �o 04 e Task Force L Je�sen for al I the help he has pro�,ided to th and for the excellent job he has done in drafting the preliminary report- State Senator John Keefe stated he to:: thought the report was e r=H f_rreJ tto the r iin e.­zg �---:Jng held at the First National ` Bank o!-,, Frid'a'y Dutch Elr-,,, Discz_se, encouragin; representati,�n fr--, Ewen Prairie. agrec-d 4Lh&t as :;nuch state rnoney as possible should be dc-rived for aid d in Dutch Elm. Di s:2asn_ and mor-ey should 2t C-.1-:2 From special e,-,s r:e n ts He is not sure %�,,Iheti-,er trie private contrac'--ors arj/cr 1;ational Guard are going to be adeqtjate to re.-.rove the LI-C"Z-C, -in the fez;hion they are supposed to be rem-'-v&d . I.!a! tt Car-entc-r, of the Task Force, stated %-,,C- are going to be star?_er�c by ti-i=_ tatal cost of the program, and we are going to have -c) Jnot-. at ways to get 'L'.he job done. One of the ways might be to encouracE !7.:.%"C- -jnr,"ut from the property owners . He further stated bL:rn-jnq bec:c,.­--.eS -feasible if yQu can meet the regulations of the anc: still do it. ID T:C M,,--yers roved , seconded by Pierce, to direct staff to procure a barn rig permit from the Pollution Control Agency. Motion carried 'Unaninicasly. Ronnie Liebler, r.e.rnber �-f the Task Force, stated that the first priori ty should be the enforcement of Ordinance No. 186. E. R`port of Citv Engineer 1. Peccive petitinin and order feasibil -. ty report for utility y and street. in Forest tnolls 2nd Addition, I . C. 51-294. City E.-gincer Jul spoke to Resolution 1N.1o. 1180, recommending approval of same. f t i -,d ct I i St,(. INDY'o"T- n I n r nit Kno I I i I C 51 -;`M MOT J 0 Bye moved, seconded by fleyers, t:o dopt Pr_-,,olution No. j 1180, receiving petition and ordering 1­i' I oj�' a feasibility report on I C. 51-294. Illutior carried L.s!.,;.'tI-lIi0USlY. 2. Resolution Vo. 7121, r:p �rc v n r;i ro * layoutNIo . F, rey-i-spd- 12/4175 for iect No. City Manager Uis1:10' sPoke to VZesclIL-ti(m Po. 1181 , explaining that changes as per the Council requ�2_s t have been i ncl tided in Resolution 1111o. 1181 . MOTION': Meyers moved, seconded by Pierce , to adopt Resolution No. 1181 , approving layout Nlo. 6 revised 12/4 "75 for CSAH 62 (Crosstu4n Higlov,,ay ) Project No. 6839. Motion carried unanitrously. 3. Final plat approval for Edenvale Family Recreational- renter. Cite- W pineer Jullie expla-Ined that in the course cf review there has never been a preliminary plat approval for the Eden-vale Family Pecreational Center. He further recoir�en('!ed that the Council se"t. a Public He-::ring for this purpose for the first meeting in October. P.ve iriz)ved. seconded by Pierce, t'o ,et, a Public Hearing for V1,C oreli'­"'inar.y and firoal :)Iatt-irip of the Recreational Center Tor October 5, 1976. carried urn—ornausiv. F. Ple-)ot"Ll c� cir,lrce Director 1 . C'le,-,, s Lic-erse List General d-Isc,.;-.;sion took plate regarding selling of beer, either on-sale or clf'f-salt e, it a sho:'Ppinq mall area. MOT I 'revers moved, seconded by Eye , to continue the September 7 , 1976 Cle­lk's License List. and direct staff to com.-.Ient on the rEques-Ls. I'lotior, carried una' niniously. Bye i-eqf ties ted 'Lhb t v.-her sc;;-nec;ne a ppl ies foi- a liccnse that they l, sub,,nit in writing their met-hod of opera pion. VI. tJ W BUSINESS A. Vop,-no on from City Allor dated 9/1/76) -pey Pe-ro' ix (I-IeLno d, Councilman Vitzorce fel -L t�lr:t mom le hones should he cans idero-d during Efle U o n--pdating f th e i ve Cuide Plan, i .e. , where trey shou!L; he located. Further that ar. orditiance be proviced ac( O.-c.ing'!y. Fle expl�, Jned that ­,,c)uld give a greater oryvirtunity or people to live 4 in Eden Prairie and .42 Smculd address ourselves to t1lis situation. eye also felt that th-a obvicus place for the consicieration of i.ir�lrile honnos would ill one up,aatirsg of the Comprelh,nsive Guide Plan. ir. Pcz,ri nq f,_?r rezoniv-.-i f i-npi '(!ral to RM C.. F) 4or i,-. I s aria do,i;) IL 'qII,qa I fo , ii x Ci-eehiood a F; 1-107 10 movc,(J. seconded by Piercc-, to Set a Public Hearing date of OcI,,)L;c-.-r 197F for the Creekwood area , rezoning from Rural to P', i 6. 5 for family lots and double bungalow lots . I-lotion carried u ra n i a,,,-,ws 1 C. bL j,,­ejl anci Madsen on the interceptor Sewer As tF-,c Counc-il h:,d not receigyred the report by Schooll and 1'.!_,dsen, this !_Ater vwas not discussed. Pc­,z­I anrcL-d ' o attn.d V. breakfast n-iteeting to be held Tiurs . , 7 3 0 ;U' 9/0/7/6,at.the hopl-Irls, Housle for purposes of discussing the interce,.tor charges for 1971-1972. V t1T MI 0 T 10 IN Pierce moved, seconded by Bye, to adjourn the meeting at 11.:02 PM. Moticiri carri;d unanimously.