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City Council - 07/18/1978 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 18, 1978 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan Meyers, Dave Osterholt and Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorpey Roger Pauly; Planner Chris Enger; Engineering Assistant Gene Schurman; Civil Engineer Marty Hanson; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel i ROLL CALL: Meyers, Osterholt, Pauly and Penzel present; Bye absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion on the noisy party ordinance B. 2 resolutions pertaining to signaiization at northeast corner of Highway Nos . #494 and #169 ' C. _Presentation of a concept for novel water recreation MOTION: Pauly moved, seconded by Meyers , to approve the agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE COUNCIL MEETING HELD TUESDAY, JUNE 20� 1978 Pg. 6, 4th para. , Ist line, strike "verbage" and insert "verbiage". Pg. 7, Ist para . , llth line, strike "continuous" and insert "continuation" . Pg. 9, add a new paragraph after the 4th paragraph to read as follows: "Pauly requested of the audience if there were any other items which should be included in the PUD developers agreement as amended. There were no further requests." ; and in the last pargraph, Ist line, strike "seconded by Bye" and insert "seconded by Osterholt" . Pg. 10, 3rd para. , 5th line, strike "charge the staff" and insert in lieu thereof "direct the City staff". MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the Council meeting held Tuesday, June 20, 1978, as amended and published. Osterholt, Pauly, and Penzel voted "aye" , Meyers "abstained" . Motion carried. 1 III . CONSENT CALENDAR A. Resolution No. 78-131 , designating Outlo_ts D and E, Golden Strip Addition for highway purposes f B. Change Order No. 1 , I . C. 51-300, Edenview area sewer and l water improvements i C. Resolution No. 78-126, approving the Final Plat for Olympic Hills 3rd D. Resolution No. 78-127, approving thTFinal Plat for OIympic Hills 4th 4 E. Resolution No. 78-128, approving the Final Plat for Hillsborough ist F. Resolution No. 78-129, approving the Final Plat for Hillsborough 2nd G. Resolution No. 78-130, approving the Final Plat for Garrison Forest 3rd H. Payment of Claims Nos. 10786 - 10935 I . Set Public Hearing_ for Gelco PUD and rezoning from Rural & I-5 to Office for approximately 18 acres west of existing Gelco site and south of W. 78th for August 1 , 1978 J. Set Public Hearing for CPT Corporation, request for rezoning of approximately 30 acres from Rural to I-5 Park for August 1 , 1978. Located in NW corner of Scenic Heights Road and Mitchell Road K. Set Public Hearing for Anderson Lakes Parkway Apartments by The Preserve for rezoning from Rural to RM 2. 5 for 126 market rate rental apartments for August 15, 1978. Located south of Anderson Lakes Parkway and west of The Preserve Center. MOTION: Osterholt moved, seconded by Meyers, to approve items A - K on the Consent Calendar. Roll Call Vote: Osterholt, Meyers , Pauly and Penzel voted "aye" . Motion carried unanimously. IV. PUBLIC HEARINGS A. Prairie East 7th, request by Hustad Development Corporation to rezone from Rural to RM 6.5 and preliminary lat approval Resolution No. 78-106 and Ordinance No, 78-31 Continued Public Hearing from' July 5, 1978 Frane explained the proponents have asked for a continuation of this Public Hearing to a future Council meeting. MOTION: Osterholt moved, seconded by Pauly, to continue the Prairie East 7th Public Hearing to the August 15, 1978 Council meeting. Motion carried unanimously. - I 3 A. Prairie East 7th Public Hearing (continued) Roger Pollock .9950 Friar Drive, stated it has been six weeks since the developer said they were goin§ to do something about the drainage problem and as of this date nothing has been done. a Mayor Penzel requested Engineering Assistant Schurman to check with the proponents to see when the drainage problem will be resolved. j V. REPORTS OF ADVISORY COMMISSIONS No reports. VI . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 78-36, establishing the Flying Cloud Airport Advisory Commission of Eden Prairie The following amendments were made to Ordinance No. 78-36: lst para. , last line, insert a period after "terms" and strike the remainder of the sentence. Add a new sentence to read: "Terms shall continue until successors are appointed and qualified." r 3rd para. ,2nd line, strike "the time for" and insert in lieu thereof "February of the year to". MOTION: Meyers moved, seconded by Osterholt, to approve the 2nd Reading of Ordinance No. 78-36, establishing the Flying Cloud Airport Advisory Commission of Eden Prairie, as amended. Motion carried unanimously. Meyers suggested a copy of Ordinance No. 78-36 as amended be sent to the Metropolitan Airports Commission asking who their appointment will be. Meyers further suggested that the Commission begin sometime after Labor Day, as it is difficult to start anything in the summer. Sally Brown, 10080 Bennett Place, inquired as to the number of people thus far interested in serving on the Commission. Penzel responded he has seven interested from the previous committee, 3 from the Flying Cloud Businessmen's Association, and one who contacted him personally. Pauly stated she would like to see a Council member serve on the Commission. As there were concerns raised regarding the appointment of certain members to the Commission, the following motion was made: MOTION: Osterholt rnoved, seconded by Pauly, to continue the appointments to the Flying Cloud Airport Advisory Commission of Eden Prairie to the August 1 , 1978 Council meeting. Motion carried unanimously. A. 2nd Reading of Ordinance No. 78-36 (continued) Osterholt requested that a list be, supplied to Council members by Mayor Penzel indicating the members he wishes to appoint. If any Council members have concerns about potential appointees, they should then contact Mayor Penzel regarding '.here concerns. B. Resolution No. 78-119, finding No Significant Iripact for Gelco- s requested rezoning as outlined ids draft Environmental Assessment Worksheet Meyers questioned why this item has come before the rezoning action? City Planner Enger explained the Staff has prepared about 10 Environmental Assessment Worksheets and there were a couple that preceded the rezoning request. Because there is a 45-day delay in waiting for approval of the EAW, approving it now allows the EAW to be sent on to the County and other agencies for their review. The 2nd Reading of the zoning ordinance cannot take place until the Environmental Assessment Worksheet has cleared the Environmental Quality Board. Enger further commented that approval of this EA'+J has been requested by the proponent, and has been before the Planning Commission and the Parks, Recreation 8� Natural Resources Commission. Council members made amendments to the Environmental Assessment Worksheet along with the title of Resolution. No. 78-119. City Planner Enger to incorporate amendments into the EAW before submittal to the Environmental Quality Board. MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution No. 78-119, finding No Significant Impact for Gelco 's requested rezoning as outlined in draft Environmental Assessment Worksheet as amended. Motion carried unanimously. Emerson Greenberg, Gelco Corporation, spoke to the amount of time involved in doing the research to complete the EAW, and the difficulty in answering questions to the satisfaction of all agencies involved. VII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members No reports. B. Report of City Manager Acting City Manager Frane_ introduced Marty Hanson, a Civil Engineer, who is now_ employed in the Ci ty's Engineering Department. C. Report of City Attorney No report. 1 D. Report of Director of Community Services 1. Joint Master Plan for Anderson Lakes (continued from June 20, 19 7-8- ---� Frane requested that the Council continue this item until Director of Community Services Lambert is able to be at the Council meeting, and a representative of the Hennepin County Park Reserve District. Council members concurred with this request, and the Joint Master Plan for Anderson Lakes was continued until the August 15, 1978 Council meeting. 2. LAWCON Grant Application - Mitchell Lake Osterholt questioned if there would be funds from the bond issue from 1968 for the City' s share. Frane responded in the affirmative, and/or park dedication fees. MOTION: Osterholt moved, seconoed by Pauly, that the City of Eden Prairie make application for the LAWCON Grant for Mitchell Lake. Motion carried unanimously. VIII . NEW BUSINESS A. Discussion on the noisy art ordinance Councilwoman Pauly requested that the Public Safety Department provide a report on the specific use of the noisy party ordinance - how, when and where, by the 2nd meeting in August. B. 2 resolutions pertaining to si nalization at northeast corner of Highway Nos. #494 and #169 Frane spoke to Resolution Nos. 78-132 and 78-135, and recommended the Council consider adoption of same. MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-132, approving plans and specifications for signals at northeast corner of Highway Nos . 494 and 169. Motion carried unanimously. MOTION: Meyers moved, seconded by Osterholt, to adopt Resolution No. 78-135, authorizing signature of a traffic control signal agreement. Motion carried unanimously. C. Presentation of a concept for novel water recreation Seilbahnenbau Rixen, Inventor, and Marcel G. Schnyder, International Marketing Consultant, gave a presentation and showed slides of their novel water sport - known as the Rixen Waterskiing Cableway. MOTION: Osterholt moved, seconded by Meyers, to refer this item to the Parks, Recreation « Natural Resources Commission and to Staff for review. Motion carried unanimously. IX. ADJOURNMENT MOTION: Pauly moved, seconded by Meyers, to adjourn the Council meeting at 9:30 PM. Motion carried unanimously.