City Council - 03/07/1978 ED&N PRAIRIE CITY COUNCIL
A=:?-ROVED 1ah7rEES
TUES UY, r'_Aa-RC;h 7, 1978 7:30 PI•', CITY HAIL
-:ayor Wolfgang Fenzel, Billy Bye, Joan
Yeyers, Dave Osterholt and Sidney Pauly
r
CO1T1:3II, STAFF rRP.SEi1T: City Manager Roger Ulstad; City Attorney
-Ross Trorfinnson; Planner Ohris Enger;
Finance Director John Frane; Director of
Corx:unity Services Bob lambert; Engineer
Carl Jullie; and Donna Stanley, Acting
-Recording Secretary
i
II,VO'�ATICid: Councilman Dave Osterholt
:sE OF AILEGIANCE
CALLS All merbers present.
.4.. APPROVAL OF AGEINMA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added under the "I-EV BUSINESS"
category:
A. Discussion on Purgatory Creek Public Fearing (Duck Lake Sector)
B. Notification by letter from the 1•ietrorolitan Airports Corrr.:ission
regarding appointment of comrittee. 1
C. Perks,, Recreation and Natural Resources Coruaission memo to the Council
regarding a Uroposed drains Pe -project.
IDTION: Osterholt moved, seconded by h.eyers, to approve the agenda as
amended and published. Motion carried unanimously.
II. COI*7SENT CALAIIDAR
A. Sel Public Hearing for Amsden dills III, Preserves rezoning to
for April 4. 1978.
B. Sets Public Bearing for Bryant Lake View Estates, rezoning to R1--22,
for April 41, 1978.
C. Payment of Claims Nos, 8317-9005.
I,:OTIO11s Bye moved, seconded by Osterholt, to approve Items A — C
on the Consent Calendar. Roll Call Vote: Byes, Yeyers, Osterholt, Pauly
and Fenzel vote Faye„. Motion carried unanimously.
51 `�
:ct�r_eil .:mutes - 2 - Tues., ;•K3rch 7, 1978
III. 1- I-TTES C: ,.�'�'�AR :.CL :AIL I.,�:TII;G ',s—BLD ': ;SOAY. FEBRUA.RY 7. 1978 ?
g. 5, para. 1, 14th sent. , change "roof lines" to "roof colors".
Pg. 5, pars. 1, second from the last sent., change "attached" to "detached".
MOTION: Paul moved, seconded by Osterholt, to approve the minutes of the
regular Council meeting held February 7, 1978 as air:ended and published.
Motion carried umnimously.
IV. YUBLIC HEARINGS
A. Eenner..in County Library Site. request to rezone 2 acres from Rural
to Public for construction of future library. The site is located 3
north of Schooner B1vd.znd south of Eden Prairie .Shopping Center.
(Crdinance No. 78-11)
Mr. David Smith, representing the Hennepin :.ounty Library, spoke to
plans for library in Eden Prairie, in place of present temporary li-
brary, and ansvered questions of the Council.
City Planner Enger spoke to the review of this plan by the Planning
Comiaission and Parks, Recreation and Natural Resources Cor=ission,
and to their approval.
Osterh�lt questioned wby the present site was not used, since it had
always had good use, and expressed favor toward locating the facility
near the new high school.
Mr. Smith explained that the librar_Y interest in property was always
centered in the conm:ercial, rather than educational area, because
of better use.
Osterholt questioned if the original Homart site was planned for
this purpose and/or other uses. Enger responded in the negative.
Osterholt further questioned the total price per acre. Smith
responded $72,000 an acre.
Mr. Duane Pideock, 8379 Red Rock Rd.0 requested the breakdown of-
usage, and questioned the proposed location of the library.
Mr. Smith explained he could not give a detailed breakdown but that
a majority of users are eighteen yrs. and up, and also, there is no
intent of extensive curriculum services.
I•:r. Mike Fames,, 17345 W. 78th St., questioned the ultimate size of the
building, and asked whether it could not be built to. acconmodate a
second floor. Smith responded affir=ative.
I•iOTION: 2.eyers moved,, seconded by Bye, to close the Public
Fearing and to adopt the first reading of Ordinance 78-11, for re-
zoning two acres from Rural to Public for construction of future
Library. Bye, I•ieyers, Pauly and Fenzel voted "aye"; Osterholt voted
"nay". I-Ztion carried.
MTICN: Xeyers moved, seconded by Pauly, to direct the City Attorney to
draft re-zoning agreement to include the recommendation of 5" sidewalks
on Schooner Boulevard with 5" concrete materials; bike racks provided �
by the County at the site; final building- design and landscaping approval
by Flannirg ioii=.fission prior to building permit issuance; a com unity
room be made available to the public; and the consideration of cxpansioa
to two stories be re-considered as an alternate to the present design.
All voted "aye". Motion carried unanimously.
�cun-il Iarutes - 3 - 'Ives., I:arch ?, 1�''18
A. "ennerin County Library Site (Continued)
IL."_'IGIt: r'eyers roved, seconded by Osterholt, that the Council direct
the Staff to publish :ublic Hearing to re-zone remaining 1.4 aces of this
site to public. All voted "aye". Notion carried unanimously.
B. COR Invest-nent, request to preliminary Flat and rezone from
_?ural to Rh: 6.5 and 00=-unity 3om%ercial approximately 19 acres
in the S;d corner of `lei 5/Co.-Rd. 49 for 4 cos-a.ercial lots and
14 duplex: lots. (Crdinance 78-09, Fa 6.5)(Crdinance 78-10,
Co=vnity wor%r-ercial) (Resolution 78-37 Preliminary Plat)
City I!enager Ulstad spoke to comrunication received from CCR Investment a
requesting a continuation of the Public Hearing to some future date.
q
140TICN: Osterholt moved, seconded by Pauly, to continue the Public }
Hearing for COR Investment to L:ay ,,, 1978, a-rid instruct the Staff to
publish appropriate schedule. All voted "aye". Eotion carried unanimously-
V. REPORT OF ADVISORY CQ!-2 ZSaI0NS
�. Human Rights Co: ission
1. Ordinance # 338.
2. Con:iission Name 'range.
MTIC2:: Csterholt moved, seconded by Pauly, that the Oouncil direct the
Staff to draft the necessary phrasing to aiaend Crdinance 338 to indicate
that it establishes the Co=unity Based Services Board as a part of the
Human Rights Cormission, and to ar-end the ordinance establishing the
"07- anission to expand the name ol" the 13orc fission to be 'tr'uman Rights and
Services Co=ission". All voted "aye". Motion carried unanimously.
VI. OP.DIKAI.r,ES AI'�D RESOLL'TIGI;S
A. 2nd Reading of Ordinance IJo. 77-3?. rezoning 38.2 acres -for
Edenrate bar Gerald B. Fautz & Fautz-Franklin Realty from Rural
to RI, 6,,5 for 176 units, and rezoning agreement.
N.DTION: Bye moved, seconded by Osterholt, to continue the 2nd reading of
Ordinance Ito. 77-37, rezoning 38.2 acres for Edengate by Gerald B. Fautz &
Pautz-?ranklin Realty from Rural to RM 6.5 for 176 units, and rezoning
agreement; and to accept first plan as proposed in the communication of
Narch 2, 1978, received from toward Dahlgren Associates. All voted "aye".
"lotion carried unanimously.
Resolution No. 78-38, Circle Rubber Co. reouest for rrelinina=
aPrroval of �600.000 141LBs,,�,
MOTION: Osterholt moved, seconded by Penzel, to arprove Resolution 77-38
subject to the confirmation of the Staff that the zoning is proper for the
site selected. All voted "aye". I-btion carried unanimously.
5'I C,
3ounci;. 1:inutes - 4 - Tues., I:arch ?, 1973
0. Resolution 73- 9, Relating to LD3G lurdin�
MOTION: Osterholt moved, seconded ,by Yeyers, to approve
Resolution 7e-39, amending Resolution 78--03 (A Resolution re-
questing Hennepin County to Transfer CD3G Funds from Project
156 to Project #57). All voted "aye". I-lotion carried unanimously.
VII. REPORTS OF OFFICERS. BOARDS & ;. l—aSSICINS
A. Reports of Council 1-:embers
1. Amendments to Sign Ordinance
0ity Manager Ulstad spoke to the review by the 00ouncil of
Ordinances 152 and 262, and to reco=,-endation of Alternative B
for amendment of non-conforming uses, and to Alternative C for
amendment to variance standards.
MOTION: Bye moved, seconded by Osterholt, to direct Staff to draw
up necessary amendments to the Ordinances 152 and 262 in legal form
for consideration at the next neeting; addition of language to cover
situations where a sign has never been conforming use and cou3d be
corrected by taking out a license; and information included on real
estate signs. All voted "aye". I•lotion carried unanimously.
B. Report of 0ity Attorney
1. Status on Court's restraining order prohibiting -lets
from flvinP out of Flvin� Cloud Airport.
amity Attorney Thorfinnson spoke to review of the question as to the
right to fly jets pursuant to Ordinance 51.
MOTION: Osterholt moved, seconded by Bye, to instruct the amity
Attorney to pursue this matter with the courts. All voted "aye".
1-lotion carried unanimously.
0. Renort of City 2".anaaer
Hone.
D. Report of Community Services Director
1. Round Lake School/Park Deed.
0ity Manager Ulstad spoke to the Deed submitted by the School Board
to the 0ity for acceptance.
MOTION: Bye gloved, seconded by Osterholt, to continue this matter
to the next meeting, end return to the Staff for additional information
for recommendation. All voted "aye". Motion carried unaninously.
5��
Coun::il Einutes - 5 - Tues... I:arch 7, 1978
2. Authorizption to bid 1978 u^rk construction materials
Co:-.unity Services Director spoke to his nemo of 1-:arch 3rd requesting
authorization for bidding on grading equipment, explaining that the re-
maining material will be bidded out during the summer as it comes up.
IOTIOly: Csterholt moved, seconded by Bye, to approve the reeo=endation
of Staff authorizing bidding on materials for 1978 park construction.
All voted "aye". I;otion carried unanimously. s
4
x
E. Report of City Engineer
Engineer Jullie smoke to Engineering Report on Final Plat of 2:arch 2nd,
and to Feasibility Report being prepared for the meeting of larch 21st.
Z�CTION: Bye roved, seconded by Osterholt, to approve Resolution No. 78-40,
approvir_o final plat of Maple Leaf Acres 4th Addition. All voted "aye".
I•:otion carried unanir..ously.
Mrs. Audrey Boss, Meadow Lane, asked whether the right-of-way would allow
required lot frontage to occur. luliie responded affirmative.
F. Report of" Finance Director
1. Clerk's _T:icense List
240TICh: Osterholt moved, seconded by 2•;eyers, to approve Jlerk' s
License Application List of hsrch 7, 1978, excluding Private Kennel
License request. All voted "aye". Iotion carried unanimously.
BU SII:'ES S
Purgatory Creek Public hearing (Duck Lake Sector)
I;eyers spoke to the Public Fearing and to the attendance by the people who were
concerned as the council was considering the Purgatory Creek Study.
Ulstad spoke to a list developed a couple of years ago and which is used to notify
those people.
B. IJotification by letter fror.. the IletroT)o1itnn Airports Counission rer7arding
aupointment of committee
a-:ayor Penzel spoke to the letter of February 23rd, and directed the Staff to
draw up a letter of response to the chairman of NAC.
v. Parks. Recreation And Natural Resources C_owrission memo to the Council
regarding a uroposed drainage project.
I,10TICN: Xeyers moved, seconded by Bye, to direct Staff to communicate with
the City of Bloomington, that any design of storm sewer being contemplated
along 108st, with possible drainage into Purgatory Creek, will need approval .
of Eden Prairie and 'liatershed District. All voted "aye". Yotion carried
u na n Lr�ou sly. �
X. ADJOURNI✓214T
I:O."IGN: rauly moved, seconded by Osterholt, to adjourn at 10:30. All voted "aye".
1•:otion carried unanimously.
ij I�
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MARCH 7, 1978 7:30 PM , CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney s
Ross Thorfinnson; Planner Chris Enger;
Finance Director •John Frane; Director of i.
Community Services Bob Lambert;Engineer
Carl Jullie; and Donna Stanley, Acting
Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. CONSENT CALENDAR(One motion to approve all items on Consent Calendar)
A. Set Public Hearing for Amsden Hills III, Preserve, rezoning to
R1-13.5 , for April 4, 1978. Page 390
B. Set Public Hearing for Bryant Lake View Estates, rezoning to
R1-22, for April 4, 1978. Page 391
C. Payment of Claims Nos.8317-9005 rage 392
MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, FEBRUARY 7, 1978 Page 395
PUBLIC HEARINGS
t
A. Hennepin County Library Site, request to rezone 2 acres from Rural Page 412
to Public for construction of future library. The site is located
north of Schooner Boulevard and south of Eden Prairie Shopping
Center. (Ordinance No. 78-11)
B. COR Investment, request to preliminary plat and rezone from Page 424
Rural to RM 6. 5 and Community Commercial approximately 19 acres
in the SW corner of TH 5/Co.Rd.4, for 4 commercial lots and
14 duplex lots. (Ordinance 78-09, RM 6.5) (Ordinance 78-10,
Community Commercial ) ( Resolution 78-37 Preliminary Plat)
V. REPORTS OF ADVISORY COMMISSIONS
A. Human Rights Commission
1 . Ordinance # 338. Page 425
2. Commission Name Change. Page 426