City Council - 09/05/1978 5
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
1 TUESDAY, SEPTEMBER 5, 1978 ' 7: 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; City Attorney
Roger Pauly; Assistant Planner Jean Johnson;
City Engineer Carl Jul 1 i e; Finance Director
John Frane; and Joyce Provo, Recording
Secretary
INVOCATION: Pastor Rod Anderson, St. Andrews Lutheran Church
Pi DGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pauly moved, seconded by Bye, to approve the agenda as published.
Motion carried unanimously.
II . MINUTES
A. Minutes_ of the Regular City Council Meeting held Tuesday, August 1 , 1978
Pg. 4, Ist para. , 2nd line, strike "east" and insert in lieu thereof
"west".
Pg. 5, 3rd para. , 2nd line, strike "stated" and insert in lieu thereof
"Statement".
MOTION: Osterholt moved, seconded by Meyers, to approve the minutes
of the Council meeting held Tuesday, August 1 , 1978, as amended and
published. Motion carried unanimously.
B. Minutes of the Regular City Council Meeting held Tuesday, August 1.5, 1978
PC. 1 , iten I . add to the last paragraph the following: "Mayor Penzei
thanked Mr. Rado-baugh on behalf of the City and congratulated the Public
Safety Department on receiving the award:'
Pg. 6, 2nd para . , 2nd line, strike "their" and insert in lieu thereof
"Eden Prairie' s"
Pg. 8, 7th para . , lst line, strike "undated" and insert in lieu thereof
"updated".
MOTION: Meyers moved, seconded by Osterholt, to approve the minutes of
the Council meeting held Tuesday, August 15, 1978, as amended and
r published. Motion carried unanimously.
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III . CONSENT CALENDAR
A. Payment of Claims Nos . 1265 - 1473
B. Clerk' s License List.
C. Set Hearing date for vacating portion of Eden Road (Resolution
No. 78-162
D. Final Plat approval for Mill Creek 6th Addition (Resolution No.
78-164
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E. Resolution No. 78-166, Lutheran Church in America
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F. Set Public Hearing for Briarfield Estates for October 3, 1978
G. Set Public Hearing for .49 acre rezoning for American Family
Insurance for October 3, 1978
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H. Set Public Hearing for Centex Homes Midwest, Inc. , for October 3,
1978
MOTION: Bye moved, seconded by Pauly, to approve items A - H on the
Consent Calendar. Roll Call Vote: Bye, Pauly, Meyers , Osterholt and
Penzel voted "aye" . Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Prairie East 7th by Hustad Development Corporation, to rezone from
Rural to RM 6. 5 and prelimjnary lat approval Resolution No,.
78-106 and Ordinance No. 78-31
Mayor Penzel referred to communication from Jim Ostenson, Hustad
Development Corporation, dated September 1 , 1978, requesting a
continuation of the Prairie East 7th Public Hearing to the September
19, 1978 Council meeting.
MOTION: Pauly moved, seconded by Osterholt, to continue the Prairie
East 7th Public Hearing to the September 19, 1978 Council meeting.
Motion carried unanimously.
B. Anderson Lakes Parkway Apartments by The Preserve, request to rezone
approximatel 9 acres from Rural to RM 2.5 for 126 rental apartment
units Ordinance No. 78-40 Continued from August 15, 1978
Mayor Penzel referred to communication from Lee W. Johnson, The Preserve,
dated August 31 , 1978, requesting a continuation of the Anderson
Lakes Parkway Apartments Public Hearing to the September 19, 1978 Council
meeting.
MOTION: Osterholt moved, seconded by Pauly, to continue the Anderson
Lakes Parkway Apartments Public Hearing to the September 19, 1978 Council _
meeting. Motion carried unanimously.
All a
B. Anderson Lakes Parkway Apartments (continued)
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Councilman Bye requested d Staff to advise The Preserve that concerns
have been expressed by a number of residents in The Preserve that
they have received inadequate inforfiation , and that this is
also a strong concern of the Council .
Bill Herbert, 11030 Northmark Drive, commented that residents of
The Preserve have also received late notice to attend meetings
from The Preserve management, and requested that the Council
convey this concern along with Councilman Bye's.
C. Bluff's West 2nd Addition by Hustad Development Cororatian b
Hustad, Dr. & Mrs. Brandt, and B.F. I . Request for rezoning from Rural
to R1-13.5 and approval of revised preliminary_plat of approximately
194 units on 97 acres . Consideration and discussion on cul-de-sacing
Riverview Road. Ordinance No. 78-41 ; Resolution No. 78-154 and
Resolution No. 78-167)
City Manager Ulstad explained there is an affidavit on file calling
for this Public Hearing and the proponents have appeared before the
Planning Commission and the Parks, Recreation & Natural Resources
Commission. Further that all affected property owners on file have
been notified of this Public Hearing.
Dick Putnam, Hustad Development Corporation, spoke to the proposal , the
revised plat, and answered questions of Council members.
Jean Johnson, Planning Assistant, explained the Environmental Assessment
I Worksheet is based on 200 units anu will be revised as per Council
direction. Both the Planning Commission and the Parks, Recreation &
Natural Resources Commission have recommended approval of the proposal
contingent on the Staff Report dated July 21 , 1978, which Ms. Johnson
outlined to the Council along with the Planning Commission minutes
dated July 24, 1978. The plan was also submitted to the Lower Minnesota
Watershed District and the Riley Purgatory Creek Watershed District and, as
of this date, the City has not heard from the Lower Minnesota Watershed
District. Ms. Johnson further commented that approval should be made
contingent upon their recommendation.
Oste rholt questioned if it wouldn' t be better for the City to ask for
park dedication rather than a cash park fee.
Meyers commented that part of the rezoning agreement should attempt
to negotiate what land will be purchased and for how much .
Putnam explained the site is 20 - 25 acres and the City staff has been
in contact with Hustad and BFI and negotiations are open on the price.
City Engineer Jull ie spoke to Resolution No. 78-167 regarding the
cul-de-sacing of Riverview Road, explaining there is serious erosion occurring
on Riverview Road and he has met with the Hennepin County official in charge
of licensing for the landfill and the Pollution Control Agency in hopes to
resolve the concerns . Because of the continuing high maintenance and the
intrusion of off the road vehicles, which cause erosion to become even more
severe, Jullie recommended the cul-de-sacing of Riverview Road at a point
approximately 5100 feet easterly from TH 169 and also at a point approximately
1150 feet west and south of Homeward Hills Road.
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C. Bluff' s West 2nd Addition (continued)
Pauly stated she feels the solution would be to stop the erosion
rather than cui-de-lacing.
Bye urged the developer to address the park situation as the City has
a commitment to parks in the area . Further, Bye stated, when the City doesn't
have a price we see the price go up and the City ends up paying more for
the parkland.
Putnam explained the site under consideration for a park site is about a
20 - 25 acre site north of the property. At such time as the City would
like to talk to BFI , Putnam stated Hustad will be willing to bring the
two together to negotiate (BFI and the City) .
Bye commented the park comes first, then the development.
0sterholt stated it might be well to submit the EAW to M.A.C. or the Planning
Board and address concerns regarding schoolF, 60% alteration of the land,
and if this is to be part of the wildlife area it would be wrong to
have a home development in this area .
Meyers requested that the exhibit from Kennedy be removed from the Environmental
Assessment Worksheet and the July *21 , 1978 Kennedy Report inserted instead.
Mrs. Brandt, 12300 Riverview Road questioned where the cul-de-sating
of Riverview Road would take place. City Engineer Jullie showed a graphic
illustrating where the cul-de-sacs are proposed.
MOTION: -0sterholt moved, seconded by Pauly, to request Staff to address
f questions asked this evening on the park site and price, and continue the
{, Bluff's West 2nd Addition Public Hearing to the September 19, 1978 Council
meeting. Notion carried unanimously.
It was the consensus of the Council that Riverview Road not be cul-de-sated
at this time, as it was not felt this would alleviate the problem. Council
requested our Public Safety Department to prosecute people going into the
area with off road vehicles.
Council directed the City Staff to 'put a more permanent barricade in where
they are at this time.
D. Creek Knoll Road Cul-de-sacing, located between U.S. 169 and Pioneer
Trail Resolution No. 78-157
City Manager Ulstad explained that people in the area have agreed to the
cul-de-sacing of Creek Knoll Road as proposed in Resolution No. 78-157.
City Engineer Jullie spoke to memo dated August 10, 1978, Resolution No.
78-157, and communication from MN/DOT dated August 10, 1978 requesting the
Council 's consideration of cul-de-sacing Creek Knoll Road just south of Hwy.
169.
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Fred Baumann, 10805 Valley View Road, commented the Council had this request
before them about a year ago whereby the neighbors requested this cul-de-sacing.
MOTION: 0sterholt moved, seconded by Pauly, to adopt Resolution No. 78-757,
cul-de-sacing Creek Knoll Road. Motion carried unanimously.
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Council Minutes', - 5 - Tues . ,September 5, 1978
E. Darnel Road Cul-de-sacing_, located between U.S. l69 and Pioneer Trail
Ordinance No. 78-53) � -
City Engineer Jullie spoke to Ordinance No. 78-53, and recommended approval
of same.
Cathy ClIer, 8601 Darnel Road, explained this proposal has been instigated
by people living on the east side as they seem to be having trouble with
deliveries, and the people on her side of the street are not having any E
trouble at all . Would prefer to have East Darnel and West Darnel rather
than a whole new street name.
Mayor Penzel referred to communication dated August 22, 1978 from Robert
and Margaret Clayton, 8959 Darnel Road, in opposition to the proposed
change of name.
MOTION: Osterholt moved, seconded by Pauly, to close the Public Hearing
and that the request not be enacted and give an opportunity for the
new street name signage to work. Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
No reports.
VI . PETITIONS, REQUESTS & COMMUNICATIONS
A. Petition from residents in Heritage Park and Round Lake Estates for additional
discussion on road alignment issue
Councilwoman. Pauly referred to petition from people in the Heritage Park
and Round Lake area dated August 23, 1978 (attached as part of minutes) ,
reiterating the main point addressed by the petitioners that 100% of the
people in their area do not want a stoplight. It seems that the motion on
August 15, 1978 did call for a stoplight and if the neighborhood does not
want a stoplight, the motion should be amended to withdraw the stoplight.
Also concern was expressed about the temporary connection on to Luther Way.
Pauly feels it is an unwise choice to state at this time that the Luther
Way connection will close. Would like to see the motion clarified. Feels
that at this point the best thing to do is to put in the east/west road, make
it temporary, put the jog in. out stop sign where Luther Way is today, and when
the new road north is in place have the required Public Nearing before closing
the Luther Way. connection.
MOTION: Osterholt moved, seconded by Meyers, to reconsider the motion that
Was adopted on August 15, 1978. Motion carried unanimously.
Osterholt commented in light of the petition, it would be interesting to have .
the people that offered the petition discuss the matter and to open the Public
Hearing portion of the meeting. All Council members agreed.
Mike Boen, 7760 Heritage Road, explained at the time the motion was made
by Council , two things were introduced that were out of the blue: l) the
// semaphore, and 2) the temporary road connection with Luther Way.
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A. Petition from residents in Heritage Park and Round Lake Estates (continued)
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Ken Geason, 7621 Atherton Way, commented he has talked with each of
the Council members and commended the Council that the people are here x
tonight. Geason further questioned if it is right for the petitioners
to eliminate future residents to have a say on the stop sign.
Jullie explained as far as the stop sign is concerned: 1) first of all the
warrants have to be there, and 2) whenever the petition would come in if it
represented a majority of the people living in the area at the present
time, it would be a valid petition.
Penzel stated in his judgement the warrants will not be met at this time,
and the letter from the Mn./DOT states they will not have the funds for
at least two years.
Steve Longman, 17230 Park Circle, explained his area needs another way in
and out of the area and questioned if the stop sign is going to take the place
of another ingress or egress.
Penzel commented the motion passed on August 15th in his understanding
did eliminate the accesses; however, a Public Hearing would have to be held.
The intention was to eliminate the connection between Heritage Park and Luther
Way subdivisions automatically.
Paul Martin, 7691 Atherton Way, stated he would like-the-question of accesses
and the stoplight dealt with separate motions.
Ken Meuwissen, 17260 Park Circle, told of the traffic hazard when he stands
to take a bus on Heritage and asked if the Council could come to a decision
and give them an access to Highway 4, or is there just going to be- discussion
about a semaphore which is an impossibility.
Mrs. Pavelka, 16725 Luther Way, commented that when people in Heritage
and Round Lake Estates say they do not want to have a signal at all and will
use Luther Way, then it seems those people want their problem on Luther Way
and people on Luther Way have to deal with the problem of traffic at Highway
4 and Luther Way.
Mr. Boen questioned why use a temporary designation for Luther Way?
Bye commented the intent was not to cast in concrete that this would be
forever permanent, maybe there is a better choice than saying temporary.
No one knows what the situation is going to be when a northerly access to
Valley View is completed and/or a stoplight.
Osterholt explained there was no attempt at any time to impose something
on the people that they would be unhappy with. Would like to have a resolution.
that 1 ) provides the maximum safety for the greatest number of people, 2) provideS
best traffic patterns for the residents we now have, and 3) that the long range
solution would be in sight for the roadways through the whole area.
MOTION: Meyers moved, seconded by Pauly, that Luther Way Road connection be -
opened to the west in a circuitous route through Lake Tratl Estates with two "T"
intersections with sto- signs, Public Safetv Department is directed to monitor
speed on Luther Way an, * issue tickets when appropriate, direct the Engineering
Department to periodici. Jy monitor traffic counts on Luther Way and when the
traffic exceeds the estimated 1100 trips per day, the City Council will initiate i
A. Petition from residents in Heritage Pakr and Round Lake Estates (continued)
MOTION: (Continued)
action to reduce traffic volumes . When the connection from Round Lake
Estates to the north at Valley View Road is made, a Public Hearing
will be held to review the vacation of the connection to Luther Way.
Also to rescind the motion of 8/15/78 Council meeting regarding road
connection to Luther Way and adopt this motion in lieu thereof.
Jerry Beauvais , 7735 Meadow Lane, stated he does not want to see left
hand turn lanes .
Dave Pavelka, 16725 Luther Way, believes substantial improvements will
have to be made to Luther Way. It is not wide enough - an additional
6 feet will be necessary to increase width from 26' to 32 ' . Questioned
who will pay for the road construction - should the people on Luther Way who
are so opposed to it.
Jullie stated Luther Way is in reasonably good condition and he would expect
that maybe next summer the City will be seal coating Luther Way. In the
future if there are any improvements to be made, a procedure will be followed,
i .e. , Public Hearing, feasibility report. Typical policy is to assess the
abutting property owners. It is up to the Council to make the determination
at a Public Hearing.
Osterholt asked that some restrictions be instituted that construction
traffic not be allowed to use Luther Way.
Mr. Sconberg, 16560 Luther Way, believes a safety hazard is being created
on Luther Way plus Heritage Road without proper roads out.
MOTION: Meyers moved, seconded by Osterholt, to table the previous
motion to the September 19, 1978 Council meeting. Motion carried
unanimously.
Osterholt requested that copies of the motion be made available to those
persons interested in receiving a copy.
VII . ORDINANCES & RESOLUTIONS
A. Resolution No. 78-155, granting preliminary approval for MIDB 's for Random
Sp!t ial ties
City Manager Ulstad explained that the City' s Legal Counsel Roger Pauly
and Finance Director Frane have reviewed the information submitted.
Frane noted this is a mortgage situation and not a bonding situation.
Osterholt requested that the Council take another look at the guidelines.
Frane stated he would have a set of recommendations to the Council within
a month. Osterholt further asked the City Attorney for his suggestions
at that time.
The question was asked if the developer has an agreement with the Allen's
at this time. Richard Anderson, owner of the property in question, answered
in the affirmative, and explained they are ready for construction. Further
that the City will be reimbursed for legal fees.
A. Resolution No. 78-155, granting_3reliminary_approval for MIDB's_ for Random
Specialties (continued) _
Mary Ingber, legal counsel for Random Specialties, commented that close
scrutiny is given to financing of th i s type by the mortgage lender, in this
case being Highland Financial Group.
Bye requested that Mr. Frane itemize in his report the industrial
revenue bonds we have approved and see the types of business we have
attracted to Eden Prairie because of this type of financing, and also
have staff and City Attorney discuss and report on any ongoing commitments
that may be built into this type of approval , i .e. , does this bind us to
any organization that meets our guidelines .
MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-155,
granting preliminary approval for MIDB's for Random Specialties . Notion
carried unanimously.
B. Resolution No. 78-156, granting final approval for MIDB's for Barrett
Moving & Storage
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution No.
78-156, granting final approval for MIDB's for Barrett Moving & Storage
substituting pages submitted by City Attorney Pauly. Motion carried
unanimously.
C. Resolution No. 78-160, granting preliminary approval for MIDB's for
Kensington Investments, Inc. , and Neil Bras tad
Osterholt stated it appears this is a different type of situation. Frane
responded the difference is there is no owner/company relationship.
Meyers commented that the Budd Automotive Company is not an American
company, and wondered if that has any impact on their ability to secure
the bonds. John Parsinen, legal counsel for the proponents,stated that the
Budd Company will not be guaranteeing the payments under the mortgage but
under the lease.
Morrie Wagner, Tower Mortgage Company, explained the lease is for a ten-year
period with option to renew, and the length of the mortgage is for 27 years.
Mr. Parsinen stated this is a situation where you have a developer and a user.
The primary credit will come from several sources. The full faith and
credit of Kensington Investments will be pledged for the repayment of the
mortgage debt. This type of proposal is certainly permitted under the
State Statutes.
Frane noted he has reviewed the financial statements of Mr. Brastad,
Mr. Noble, and Kensington Investments .
Bye questioned if it is the Ci ty's obligation to issue bonds to anyone
who meets the criteria. Frane responded he does not know of any requirements,
law or rule that says the City Council must issue to everybody that walks
in the door.
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C. Resolution No. 78-160 (continued)
Osterholt stated . he would like to know who Kensington Investments is
and who are the participants .
Tom Noble commented he is Kensington Investments and stated his primary
business is the Normandy Hotel & Restaurant and the Sheraton Hotel on Hwy. #494.
Mr. Neil Brastad acknowledged he is in the real estate development company
business and has been in the leasing business . Brastad noted they do.
have a company ready and willing to locate in Eden Prairie and also
contemplates additional expansion and growth.
MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 78-160,
granting preliminary approval for MIDB's for Kensington Investmentsy and
Neil Brastad. Motion carried unanimously.
D. Resolution No. 78-158, supportin City of Richfield Lawsuit contesting PELRA
compulsory binding arbitration provisions
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution No. 78-158,
supporting City of Richfield Lawsuit contesting compulsory binding
arbitration provisions . Motion carried unanimously.
E. 2nd Reading Ordinance No. 78-33, Lake Trail Estates by Mr. Swenson
and Mr. Schwartz, rezoningfrom Rural & R1-22 to R1-13.5, RM 6.5 and
Public for 27 acres for 3 duplex lots , 43 single family and 1 church,
and developers agreement
Steve Young, Knutson Architects, explained he has been working with the
E1 iason property and have not received any negative response to
the Lake Trail Estates revised plat.
MOTION: Osterholt moved, seconded by Meyers , to adopt the 2nd Reading
to Ordinance No. 78-33, Lake Trail Estates by Mr. Swenson and Mr. Schwartz,
rezoning from Rural & R1-22 to R1-13.5, RM 6.5 and Public for 27 acres
for 3 duplex lots, 43 single family and 1 church. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Pauly, to amend Resolr+tion No.
78-116 adopted on 7/5/78,by inserting the revised preliminary plat dated
9/5/78. Motion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to approve the developers
agreement for Lake Trail Estates and also changing the lot numbers in
agreement according to revised plat. Motion carried unanimously. )
F. 2nd Reading of Ordinance No. 78-39, Gelco Corporation, rezoning of Stages II - V
from I-5 to Office, and developers agreement
MOTION: Osterholt moved, seconded by Bye, to adopt the 2nd Reading to
Ordinance No. 78-39, Gelco Corporation, rezoning of Stages II - V from I-5
to Office. Motion carried unanimously.
MOTION: Meyers moved', seconded by Bye, to approve the developers agreement
and also clarifying item 8 in said agreement. Motion carried unanimously.
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G . Resolution No. 78-168, supporting a si n le vendor for Hennepi n County
publ is heal th nursi� services
Mayor Penzel spoke in favor of Resolution No. 78-168 and noted that
Suburban Public Health Nursing Services is also encouraging the
adoption of same.
MOTION: Pauly moved, seconded by Meyers, to adopt Resolution No. 78-168, '
supporting a single vendor for Hennepin County public health nursing
services. Motion carried unanimously.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
No reports.
B. Report of City Manager
1. 1979 Ci ty Budget
City Manager Ulstad spoke to the draft 1979 City Budget submitted
to each Council member, and requested a future date be set for
budget review.
MOTION: Osterholt moved, seconded by Pauly, to set September 12,
1978, 8: 00 PM, City Hall , for the date to review the 1979 City Budget.
Motion carried unanimously.
2. Taxation Committee - Eden Prairie Chamber of Commerce
City Manager Ulstad explained that Finance Director Frane is the staff
person on the Taxation Committee. Further that Mr. Shaw is requesting
that an elected official serve on the Taxation Committee as well .
Lyle Shaw, Chairman of the Taxation Committee of the Eden Prairie
Chamber of Commerce, spoke to the request for an elected official
to serve on this committee
Council members agreed that they would be willing to attend
a meeting or meetings of the committee, but did not wish to serve
as a permanent member. When the committee feels they are at a point
where a council member would be of help, then Council members would
be willing to attend.
C. Report of City Attorney
1 . Carbide Cannons
As requested by the Council , City Attorney Pauly reported on the
possibility of adopting an ordinance for carbide cannons. Pauly stated
he has talked to two of the primary growers in the area to find out _
if carbide cannons are necessary for their operation. The two growers
indicated the guns are effective and necessary for their economic
well-being. They are willing to limit the intervals between explosions
and are not in favor of adopting any restrictive ordinance.
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D. ReRort 9�L Cif Jngineer
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1. Pre1 iminar lan �roval Count_y_Road l8/I-494 interchange
improvements, S.P. 2785-188, I .!C. 51-330
City Engineer Jullie spoke to his memo dated 9/l/78 and
Resolution No. 78-161 .
MOTION: Pauly moved, seconded by Osterholt, to adopt Resolution
No. 78-161 , granting preliminary plan approval for County Road
18/I-494 interchange improvements, S. P. 2785-188, I .C. 51-330.
Motion carried unanimously.
2. Final Plat approval for Edengate project
Howard Dahlgren, representing the proponents, explained they
hope to start bu;1 di ng this Fall and have been coordinating their efforts
with the City.
Legal Counsel for the proponents, Mr. Dorsey, answered questions
of Council members regarding the triangular pi ecel noti ng that
the Krahl "s do not have any interest in the property.
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 78-163, approving tha final plat for the Edengate project
(Edenbrooke) . Motion carried unanimously.
3. Resolution No. 78-165, regarding T.H . #21.2
MOTION: Osterholt moved, seconded by Pauly, to adopt Resolution
No. 78-165, regarding T.H. #212. Osterholt, Pauly, Bye and Penzel
voted "aye" . Meyers voted "nay" . Motion carried.
4. Consider bids for street and utility -improvements in Crosstown
Industrial Park, I .C. 51-329
MOTION: Osterholt moved, seconded by Bye, to adopt Resolution
No. 78-159 awarding the bid for street and utility improvements
in Crosstown Industrial Park, I . C. 51-329, in the amount
of $204,119.00 to North Central Underground, Inc. Roll Call Vote:
Osterholt, Bye, Meyers, Pauly and Penzel voted "aye". Motion carried
unanimously .
IX. NEW BUSINESS
A. Covenant Living Centers (Tudor Oaks)
City Manager Ulstad spoke to the request by Covenant Living Centers to
appear before the Council prior to the September 19, 1978 Council meeting.
Tom Strand, representing Covenant Living Centers, explained they have
contacted City staff on a couple of occasions and alerted them to the critical
timetable they have. The response was that all supporting documents
and data had to be available several days before seeking action. Strand
stated they were unable to get the documents in on time and they are
requesting to appear before the Council at special meeting at the earliest
possible datep recognizingwhat they are requesting is an amendment to a previous
action giving preliminary approval for a bond issue.
t,ounci t rtinuLc�
A. Covenant Living Centers (continued)
MOTION: Osterholt moved, seconded by, Bye, to add this item to the
Special Council Meeting scheduled for! 9/12/78 for a period not to
exceed 45 minutes . Motion carried unanimously.
Pauly -requested that Finance Director Frane submit material to the
Council that was supplied on the earlier issue and also minutes of that
meeting.
B. Editorial in Eden Prairie News
Mention was made of the editorial in the Eden Prairie News regarding the
City Council/School Board lawsuit. Bye suggested City Manager Ulstad
decide what is the best way for the City to give their opinion.
C. Billboard on Hwy. #169 and County Road #39
The billboard on Hwy. #169 and County Road #39 was referred to City
Attorney Pauly for a report, i .e. , contrary to the sign ordinance and
outside of the sign zone.
D. Riley-Purgatory Creek Watershed District
Council members expressed their concern that the Riley-Purgatory
Creek Watershed District is not doing anythina as far as erosion
control on the creeks. Staff was directed to relay this concern to tht Watershed
District,
E. Eden Prairie Liquor Store
Ulstad spoke to the possibility of expanding the liquor store as there is
an additional 2,000 square feet available.
Council directed the City Manager to proceed with securing figures
on leasing additional space for the liquor store and estimation of profit
figures by the 9/12/78 Special Council meeting.
F. Representative of MTC (Metropolitan Transit Commission)
Mayor Penzel referred to offer of the City`s representative on the MTC
to appear before the Council if the Council so desires. Council members
agreed they would like to have the representative of the MTC appear at
a future Council meeting.
X. ADJOURNMENT
MOTION: Pauly moved, seconded by Bye, to adjourn the Council meeting at 1:20 AM.
Motion carried unanimously.
C