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City Council - 08/05/1977 - Special Meeting APPROVED MINUTES EVEN PRAIRIE CITY COUNCIL SPECIAL MEETING .FRIDAY, AUGUST 5, 1977 2:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad, Director of Community Services Marty Jessen, and Joyce Provo, Recording Secretary ROLL CALL: Meyers, Osterholt, Pauly y and Penzei present; Bye absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Osterholt moved, seconded by Meyers, to approve the agenda as published. Motion carried unanimously. .II . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 77-20, rezoning from Rural to R1-13.5 for z the western approximately 200 acres of the Bluff's East/West PUD and rezoning agreement l City Manager Ulstad stated that all documents are in order, and referred to memo dated August 4, 1977 from City Attorney Perbix. Meyers requested that items 4, 6 and 7 on pages 2 and 3 of the rezoning agreement be corrected. City Attorney Perbix to work out the necessary language. l Osterholt questioned how likely is it that the Brown's and the Bluff's Company will give a gift to the City in the event the Metropolitan Parks Foundation chooses not to be .the recipient. Mr. Griffith, legal counsel for the Bluff's Company,stated that to the extent that there may be a contribution or a gift to the Metropolitan Parks Foundation, there could also be a gift to the City. MOTION: Osterholt moved, seconded by Meyers, to approve the 2nd Reading of Ordinance No. 77-20, rezoning from Rural to R1-13.5 for the western approximately 200 acres of the Bluff's East/West PUD. Motion carried unanimously. t MOTION: Meyers moved, seconded by Pauly, to approve the rezoning agreement , with corrections and additions to items 4, 6 and 7 on pages 2 and 3 of the rezoning agreement. Motion carried unanimously. MOTION: Osterholt moved, seconded by Pauly, to correct the address for City Hall in the option agreements and authorize the City Manager and Mayor to sign the option agreements. Motion carried unanimously. l Council Minutes - 2 - Friday, August 5, 1977 F B. 2nd Reading of Ordinance No. 77-27, rezoning Eden Prairie Industrial_ Park from I-2 to I-General for Champion Mill property and rezoning_ F agreement a i MOTION: Osterholt moved, seconded by Meyers , to approve the 2nd Reading of Ordinance No. 77-27, rezoning Eden Prairie Industrial Park from I-2 to I-General for Champion Mill property. Motion carried unanimously. r MOTION: Meyers moved, seconded by Pauly, to approve theā€¢ rezoning agreement. Motion carried unanimously. } C. 2nd Reading of Ordinance No. 77-14, rezoning from R1-22 to R1-13.5 for 1-7 lots on approximately 8 acres for Walnut Addition by Dirlam Properties and rezoning agreement i MOTION: Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 7-14, rezoning from R1-22 to R1-13.5 for 17 lots on approximately 8 acres for Walnut Addition by Dirlam Properties. . Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers , to approve the rezoning agreement. Motion carried unanimously. D. 2nd Reading of Ordinance No., 77-24, rezoning from Rural to R1-13. 5 for Edenvale 14th by Edenvale, Inc. , and rezoning agreement MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-24, rezoning from kural to R1-13.5 for Edenvale 14th by Edenvale, Inc. Motion carried unanimously. MOTION: Pauly moved, seconded by Meyers, to approve the rezoning agreement. Motion carried unanimously. E. 2nd Reading of Ordinance No. 77-17, rezoning from I-General to I-2 Park, 9--lots for the Edenvale Industrial Park, Outlot F by Edenvale and rezoning agreement MOTION: Pauly moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 77-17, rezoning from I-General to I-2 Park, 5 lots for the Edenvale Industrial Park, Outlot F by Edenvale. Motion carried unanimously. MOTION: Osterholt moved, seconded by Meyers , to approve the rezoning agreement. Motion carried unanimously. F. Resolution No. 77-102, approving the Bluff's West Final Plat MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 77-102, approving the Bluff' s West Final Plat. Motion carried unanimously. III . NEW BUSINESS None IV. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the Council meeting at 3:05 PM. Motion carried unanimously. F . whp/jh a k MEMORANDUM E T0: City Council and Roger Ulstad FROM: W. Harlan Perbix a DATE: August 4, 1977 RE: Bluffs s I have reviewed the proposed conveyance between the Browns and the Bluffs relative to the creation of a conservancy zone of Outlots D and I of Bluffs West. I see no objection to the form of the instrument. I would point out certain matters: 1. No property East of the creek is included. 2. No public access in the property shall be allowed. 3. Usage to be according to Purgatory Creek Open-Space Corridor Study (except that no trails shall be allowed). I have been told that title is free and clear with the possible exception of a pipeline easement which should not interfere (if in fact it exists) with 1 the usage. At this writing delivery will be conditioned on approval by the Metropolitan '' Park Foundation. I was unable to verify that this property would be given to the City on the same terms and conditions if the Foundation would not accept it. Finally, the parties would like to make the gift later in the year or the first part of next year if possible. If not, it would be done immediately. W.H.P.