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City Council - 02/08/1977 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , FEBRUARY 8, 1977 7:30 PM, CITY HALL <. -Y COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Harlan Perbix; City Engineer Carl Jullie; Planning Director Dick Putnam; and Joyce Provo, Recording Secretary INVOCATION: Councilman Dave Osterholt ,z PLEDGE OF ALLEGIANCE ROLL CALL: All members present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS I MOTION: Osterholt moved, seconded by Bye, to approve the Council Agenda as published. Motion carried unanimously. I I . PUBLIC HEARINGS (Private/Public PUD's) A. Mi l e_v's Sprinkler 5vstem rezoning, County Road 1 & U.S. 169 PUD. A planned unit development for approximately 25 acres of industrial and residential uses and i rst phase rezoning of the Miley Sprinkler System site from Rural to I-2 Park. The PUD is located in the north�,�est quadrant of U. S. 169 and Co. Rd. 1. Skip Hawkinson , appeared before the Council on behalf of the proponent and outlined the request. Planning Director Putnam spoke to the Planning Staff Reports dated December 8, 1976 and January 19, 1977, and the recommendation made by the Planning Commission at their meeting held December 13, 1976. Mr. Darkenwald, representing Mr. Miley, responded to a question from Meyers regarding the easement which exists on the property, stating that the easement will be used until the new road is put in. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and q adopt Resolution No. 77-18, approving the PUD for the corner of County Road 1 and State Highway #169 in the northwest corner of approximately 25 acres as designated in the Planning Staff Reports dated December 8, 1976 and January 19, 1977. Further that the City Attorney draft a • PUD Developers Agreement that will be subject to the Council ' s approval , specifically addressing the access restrictions to and from Highway #169, the open space areas for conservation and/or preservation per parcel , any required structure techniques for noise abatement, pollution control , and criteria for public Utility improvement scheduling and the assessment formula for these improvements. Meyers, Bye, Pauly and Penzel r voted "aye" , Osterholt voted "nay". Motion carried. µ A. Miley' s Sprinkler System rezoning, County Road 1 & U. S. 169 PUD (continued ) MOTION: Meyers moved, seconded by Bye, to approve the 1st Reading of (, Ordinance No. 77-8, rezoning approximately 2 acres from Rural to I-2 Park for the construction of an industrial storage building for Miley' s Sprinkler System. Meyers, Bye, Pauly and Penzel voted "aye", Osterholt t voted "nay" . Motion carried. k. MOTION: Meyers moved, seconded by Bye, to direct the City Attorney to draft a rezoning agreement for Miley's Sprinkler System addressing a the points of assessment, easement access being abandoned when th alternate public road is constructed to serve the site, resolution of the s�ope preservation addressed in rezoning agreement, contingencies for developing the northeastern corner of the Miley parcel , and buffering requirements. Motion carried unanimously. IF s B. Eden Prairie Industrial Park PUD & Rezoning to Industrial . The PUD is located in the southeast quadrant of Co.Rd.4/TH 5 to Rai 1road. Rezoning is being requested from I-2 Park to I-General . Planning Director Putnam spoke to the Planning Staff Report dated January 17, 1977 and answered questions of Council members. FIe further explained that neither the staff or _PlaAning Commission had a recommendation at this time. City Engineer Jul l i e outlined the possible road alignments and costs # pertaining to same. (Chart attached as part of minutes) a MOTION: Osterhoi t moved, seconded by Meyers , to continue the Eden Prairie Industrial Park PUD & Rezoning to Industrial to March 7. # Further that the Planning Commission be requested to have their ' recommendation to the Council prior to the March ist Council meeting so the Council can take action. Motion carried unanimously. t Andrew Justus , Justus Lumber Company, explained that he has vacant property in the Industrial Park and it is difficult to sell industrial property .trackings which would not allow outside storage. He also stated that he has not had a chance to study which road alignment would be the most feasible,and is really interested in the property i being rezoned to I-General and working out the road problems later. a' Glen Reed, Water Products Company, stated that several months ago action was initiated to find out one question, can Water Products have outside storage? He felt the situation is snowballing because now road problems are being discussed. F Bob McDonald and Bob Morehouse also expressed their dissatisfaction with the time that has elapsed since they made their request on behalf a of Water Products for outside storage. Osterholt explained that under the circumstances as the ordinances now read, the procedures that the Council are following fit the situation . He further stated that the City is not trying to deport C development. 'f Rl III . PETITIONS, REQUESTS & COMMUNICATIONS A. Request by the Eden Prairie School Board for a Joint Meeting with the City Council ' Acting City Manager Frane explained that the Eden Prairie School Board has requested the Council set a joint meeting with the School Board to consider the alignment of the road through the Round Lake School/Park Site. MOTION: Osterholt moved, seconded by Meyers, to set Thursday, February 10, 1977, 6:30 PM at the High School Board Room, for a Joint Meeting between the City Council and the School Board to consider the road alignment through the Round Lake School/Park Site. Motion carried unanimously. IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 353, approving the request for rezoning for Rauenhorst Corporation, Opus II , Phase 1 , of approximately 5 acres from Rural to Office MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 353, approving the request for rezoning for Rauenhorst Corporation, Opus I1, Phase 1 , of approximately 5 acres from Rural to Office. Motion carried unanimously. .. MOTION: Bye moved, seconded by Meyers , to approve the Rezoning Agreement for Opus II , Phase 1 , Rauenhorst Corporation. Motiun carried unanimously. B. Resolution No. 77- 12, approving the preliminary plat and final plat of Opus 11 2nd Addition MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No. 77-12, approving the preliminary plat and final plat. of Opus II 2nd Addition. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to approve the Joint Powers Agreement between the City of Eden Prairie and Minnetonka, and also adding Lot 3 to the first page of the agreement. Motion carried unanimously. Penzel explained that Minnetonka ' s Mavor Bailey has indicated he would like to meet with Mayor Penzel and City Hanager U1 stad to draft a Joint Powers Agreement pertaining to special services, i .e. , police and fire. V. NEW BUSINESS No new business . VI . ADJOURNMENT MOTION: Osterho.l t moved, seconded by Meyers, to adjourn the meeting at 10:00 PM. Motion carried unanimously. 21W 1 Cl p(t C) ci o CAL) Pp� i . c,Li el le 4 r . . . i _ . ';