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HomeMy WebLinkAboutCity Council - 05/18/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 18, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: Councilman Edstrom arrived late. 1 . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS If The following items were added to the Agenda: IX. B. 1. Meeting with PCA and IX. E. 3. Twin City Christian Homes M. I .D.B. 's. MOTION: Bentley moved, seconded by Redpath , to approve the Agenda as amended and published. Motion carried unanimously. II . MINUTES OF THE JOINT CITY COUNCIL/HUMAN RIGHTS & SERVICES COMMISSION MEETING HELD TUESDAY, MAY 4, 1982 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Joint Meeting of the City Council/Human Rights & Services Commission held Tuesday, May 4, 1982. Motion carried with Tangen abstaining. III . CONSENT CALENDAR A. Volunteer Firemen' s Retirement B. Motion to approve the new Precinct boundaries and Resolution No. 82-114 establishing Polling places C. Edenvale Industrial Park 6th Addition by Richard W. Anderson. Request to re plat Cot 4, Block- , E enva e Industrial Park 4th Addition and Lot 8, Block 1 , Eden- vale Industrial Park 4th Addition into 5. 9 acre lot to be called Edenvale Indus- trial Park 6th Addition. Located at the northeast end of Commerce Way (Resolu- tion No. 82-110 - final plat) City Council Minutes -2- May 18, 1982 D. Clerk' s License List E. Receive feasibility report re for West 76th west of Washington Avenue P 9 ) and - set Public Hearin for 7:30 .m. , June 15, 1982, I .C. 52-031 Resolution No. 82-104 F. Approve plans and specifications for Mitchell Road and Technology Drive Im- ) rovements and set bid opening for June 11, 1982, at 1:00 .m. , I .C. 52-010 Resolution No. 82-105 G. Approve plans and specifications for Mitchell Lake Estates 2nd Addition west of Su erAmerica and set bid opening date for June 11, 1982, at 2:00 p.m. , I.C. 52-030 Resolution No . 82-106 i H. Approve plans and specifications_ for Atherton Way and Kilmer Avenue Uti1it Improvements and set bid opening for June 10, 1982, at 10:00 a.m. Resolu- tion No. 82-107 I . Set Public Hearing for Vacation of Easements on Lot 1, Block 2, Starrinq Lake First Addition for June 15, 1982 , at 7:30 p.m. J. A rove MWCC er;nit application for Sanitary Sewer construction on connection with Valley View Road/Prairie Center Drive, I.C. 51-340A Resolution No. 82-108) K. Approve Final Plat for Wooddale Baptist Church (Resolution No. 82-117) L. Receive 100% petition for Lo rence 1st and 2nd Addition Improvements and author- ize plans and specifications be prepared Resolution No. 82-112 MOTION: Bentley moved, seconded by Tangen, to approve items A - L on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Hold Public Hearing for vacation of easements in Cardinal Creek Ist and 2nd Additions Resolution Nos. 113, 115 and 116 1) CARDINAL CREEK 4TH ADDITION by Cardinal Creek Associates. Request to replat Outlot B and Lot 4, Block 3, Cardinal Creek, 1st Add. , and vacate the utility and drainage easements . (Resolution No. 82-101 - plat) 2) CARDINAL CREEK 5th ADDITION by Gregory D. Gustafson & Associates. Re- quest to replat Lots 10 and 11, Block 2, Cardinal Creek 2nd AdUltion and vacate utiTity and drainage easements (Resolution No. 82-102 - plat) Director of Public Works Dietz said the purpose of this vacation is to accommo- date a relocation of certain lot lines within Cardinal Creek 1st and 2nd Addi- tions. Dietz stated the easements are not needed for utilities in the area and would cause title problems in the future if not vacated at this time. City Council Minutes -3- May 18, 1982 ' Councilman. Edstrom arrived. p The request relating to Cardinal Creek 4th Addition would: a) replat Lot 4, Block 3, and Outlot B into one lot and create a new easterly utility ease- ment; b) replat Lot 3, Block 2 to create a new Outlot B as a pathway location along its easterly side; c) vacate the eastern utility easements on Lot 4, l Block 3; and d) vacate the eastern utility easement on Lot 4, Block 2. (Lot 4 was replatted as part of the 2nd Addition and the utility easement was never vacated. ) Outlot 8 (future asphalt path location) was conveyed to the City as per the requirement within the Developer's Agreement. Prior to the combining of Lot 4, Block 3, and Outlot B. the City will have to convey Outlot B to Cardinal Creek Associates . This combination will provide a wider lot desired by the builders . The pathway originally designated to be constructed upon Outlot B is proposed by the developer to be moved to Lot 3, Block 2. The request relating to Cardinal Creek 5th Addition would: a) replat the common lot line of Lots 10 and 11, Block 2; b) vacate the east side lot line utility easement of Lot 11, Block 2; and c) vacate the west side lot line utility easement of Lot 10, Block 2. Planning Director Enger stated the Planning Commission had reviewed both vacation requests at its meeting on May 10, 1982, and had recommended approval subject to the recommendations contained in the May 4, 1982, Staff Report and action of the Parks, Recreation & Natural Resources Commission. Director of Community Services Lambert said the Parks, Recreation & Natural (� Resources Commission had reviewed the requests at its May 17, 1982, meeting and had recommended approval with the following condition: that the 10' trail easement be cleared, graded, and filled to the back of the lot tine. Greg Gustafson, developer, spoke to the requests. Tangen asked if the Parks , Recreation & Natural Resources Commission had any recommendations regarding the dedication of the trail easement. Lambert said it only addressed the utility easements. Redpath said it was his recollection the Topview residents did not want a trail easement through that portion. Tangen thought there was a trail easement to the south at one time because it might be needed in the future. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 82-101, approving the preliminary plat of Car- dinal Creek 4th Addition including the provision for a 10' trail right-of- way. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to continue action on Resolution No. 82-102, approving the preliminary plat of Cardinal Creek 5th Addition, to June 1, 1982. Motion carried unanimously. , City Council Minutes -4- May 18, 1982 ,s MOTION: Bentley moved, seconded by Penzel , to continue action on Reso- lution No. 82-113, vacation of drainage and utility easement, (Lot 10, Block 2, Cardinal Creek 2nd Addition and also Lot 11, Block 2, Cardinal Creek 2nd Addition) , to June 1, 1982. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-115, vacation of drainage and utility easement, (Lot 4, Block 3, Cardinal Creek). Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-116, vacation of drainage and utility easement, (Lot 4, Block 2, Cardinal Creek now located over a portion of Lots 1 and 2, Block 1, Cardinal Creek 2nd Addition. ) Motion carried unanimously. B. CARDINAL CREEK 3rd ADDITION by Gustafson & Associates. Request for approval of a preliminary plat and rezoning from Rural to RM 6.5 for 16 acres for construction of 1 tri-plex and 17 duplex buildings of the property which is part of Cardinal Creek PUD 72-01. Included in the puhlic hearing on the proposed rezoning will be the consideration of granting of variances pursuant to Sec. 11, Ord. 135 from the provision of said Ordinance appli- cable to the RM 6.5 District. 16 acres located east of Cardinal Creek 2nd Addition and Nine Mile Creek and west of I-494 (Ordinance No. 82-11 - rezoning, and Resolution No. 82- 100 - preliminary plat) Ron Krueger, represent;ng the proponents , addressed the request. He stated grading will have to be done in the center of the site. As many trees will be saved as is possible. Planning Director Enger said the Planning Commission had reviewed this pro- posal at its April 26, 1982 meeting and had recommended approval of the prelim- inary plat and rezoning subject to the conditions outlined in the April 21, 1982 Staff Report, and other conditions as stated in the April 26, 1982 Planning Commission minutes. Director of Public Works Dietz said there is concern about adequate flow of water in the area; this was discovered while flushing the water main which serves this portion of Cardinal Creek. One method of alleviating this situation would be to loop the system. Director of Community Services Lambert stated the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its May 3, 1982 meeting and had voted to approve the request subject to the conditions included in the April 21 , 1982 Staff Report and the recommendations of the Planning Commission. Bentley asked about the water problem. Dietz explained it is not a question of water pressure, but one of volume at a certain pressure. City Manager Jullie indicated a more thorough analysis will be made and this will be further checked with the Fire Marshal . City Council Minutes -5- May 18, 1982 i Penzel asked about looping to the north. Dietz said that is in the plans for the future. Greg Gustafson explained ownership to the north and how looping might be accomplished through the portion of the property under his ownership/control . Kevin Kuester, 13124 Cardinal Creek Road, said he is concerned about the one large tree which would be in the center of the roadway. Gustafson said they hope to have the road split around the tree -- they will first see if the tree is healthy as it was damaged by lightning a couple of years ago. It was noted that this particular tree is an oak tree and should be saved because there are many elms In the area which are being lost due to Dutch elm disease. Oscar Miller, 6521 Baker Road, said he owns some of the property to the north. His concern was about the traffic which would be generated by the duplex units over an easement through his property. Gustafson said the easement would not be used at this time. Penzel said this situation will change in the future as more development occurs -- the easement will be used at some time in the future. MOTION: Redpath moved, seconded by Edstrom, to continue this item to the June 1, 1982, meeting of the Council . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 1708 - 1937 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 1708 - 1937. Roll call vote: Bentley, Edstrom (abstained on #1872) , Redpath, Tangen and Penzel voted 'Faye." Motion carried. VI . REPORTS OF ADVISORY COMMISSIONS A. Flying Cloud Airport Advisory Commission recommendations to change termin- ology in Ordinance No. 78-36, Ordinance establishing the Flying Cloud Airport Advisory Commission of Eden Prairie. City Manager Jullie noted the May 6, 1982 Memo from the Flying Cloud Airport Advisory Commission to the Mayor and Council outlining the reasons for the change. He said the proposed change will help insure representation by resi - dents and still provide the possibility for representation by FTC which is presently the only major business at the Airport which is not a member of the Businessmen' s Association. Les Lewis, member of the Flying Cloud Airport Commission, said the Commission desired to retain the term "Airport Businessmen' s Association" and to add the following: " . . . . .to consist of at least one member to represent the Metropolitan Airports Commission, no less than two members representing the Flying Cloud Businessmen' s Association to be appointed by the Mayor with the approval of the City Council and four members at least three of whom are residents of Eden Prairie and represent the community s interest. City Council Minutes -6- May 18, 1982 Bentley felt it was discriminatory to say that only members of the Business- men' s Association could be on the Commission. Penzel said perhaps the word t "Association" could be deleted. Lewis further explained the rationale behind the proposed change. He said the main reason for the change was to make cer- tain there were three members who were residents of Eden Prairie. Bentley said he disliked seeing restrictions pTaced on whom could be appointed to a commission; he did not like the fact that it restricted membership to members of the Businessmen's Association. MOTION: Redpath moved, seconded by Penzel , to approve the recommended change in Ordinance 78-36, Ordinance establishing the Flying Cloud Airport Advisory Commission in Eden Prairie. Tangen said he was comfortable with the Ordinance as it presently reads. He questioned whether the number of Eden Prairie residents should be 3 or 4. Redpath stated the ultimate decision as to appointees rests with the Council ; past and present Councils have taken this into consideration when making appointments. AMENDMENT TO MOTION: Bentley moved, seconded by Penzel, to strike the words "Businessmen' s Association" and replace them with "businesses. " Amendment to the motion was defeated 1 - 4. Edstrom said he favors four Eden Prairie residents as representatives as opposed to having airport connections; he will support the motion. `DOTE ON MOTION: Motion carried with Bentley voting no. VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Edenvale Land Alteration Permit Dick Krier, Westwood Planning and Engineering, representing Eden Land Sales , Inc. , addressed the reasons for the request. Planning Director Enger said the Planning Commission would review this request at its meeting on May 19, 1982. Staff finds the request acceptable. Director of Public Works Dietz said it comes down to a question of aesthetics. He said the borrow material is necessary for Prairie Center Drive and Valley View Road projects . Krier showed pictures of the area and renderings of how the area will look once the grading is completed. Tangen expressed concern about mass grading in the area; he would like some idea as to what future use of this area might be as well as a time table as to when things might happen. Krier explained there would be a period of time necessary to stabilize the area after the grading has taken place. It is the intention of the developer to begin market- ing the property for development right away. City Council Minutes -7- May 18, 1982 Bentley expressed concern about the approach used in the case. He would A like to see specific proposals before mass grading takes place. Penzel said it appears to be a question of timing. Krier explained the demand for dirt is now. The developer wants to borrow based on a finished Product. They x desire to have a salvageable piece when they are through. Krier stated the hill is being eroded and cannot be built on as it is. Penzel asked Enger what the procedure might be with he Planning Commission P 9 t g , Enger stated there are two possibilities: 1) the Commission could act on the request at its meeting on May 19th and then it would be before the Council on June 1 ; or 2) the Planning_ Commission may feel there is not enough information available and might continue the request. Tangen asked if there had been a commitment by Edenvale for fill for the park site to the north of this property. Director of Community Services Lambert said there had been an oral commitment by Mr. Peterson. Tangen said that by allowing this borrow the City is in essence giving away the fill for the park site. Lambert concurred. Redpath asked if the amount which the County needs is included in the 25,000 cubic yards under discussion. Krier said the County' s needs would be above that. Penzel asked how many cubic yards would be involved to do the whole works. Krier said about 300,000 cubic yards. Tangen said he is concerned with the view from the east of this hill . He would not like to see it destroyed prematurely. Penzel suggested that only enough borrow be taken out now to meet current commitments. Tangen asked if it would be possible for Staff to draft such an agreement. Dietz asked if this would be for 25,000 cubic yards or for that plus the additional 100,000 cubic yards needed by the County. City Attorney Pauly said a written permit can describe the area to be excavated by elevation and coordinates and a map can show in three dimensions the specific area. Dietz said Krier can show this by contours. MOTION: Tangen moved, seconded by Redpath, to allow removal of material up to 125,000 cubic yards of which 100,000 is to be used for Baker Road and 25,000 for projects outlined by Eden Land Sales, Inc. there is to be no removal of material from the eastern slope; the crown of the hill is to be preserved; no excavation is to be done below the elevations proposed in the exhibit shown this evening; the western slope is to be terraced; and the necessary fill for the tot lot to be constructed in the northern part of Edenvale Park is approved. Motion carried with Edstrom abstaining due to a client relationship with one of the beneficiaries . VIII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 82-06, rezoning Lake Eden Carriage Homes from Rural to RM 6. 5 for 64 townhouses and developer's agreement. Northeast cor- ner of Anderson Lakes Parkway and Darnel Road. City Council Minutes -8- May 18, 1982 Penzel called attention a letter from Sam Hopson, 8770 Darnel Road, in which (' he noted his concerns. Edstrom asked if Steve Ryan, Zachman Homes, had seen Hopson' s letter. Ryan said he had but had not discussed it with Hopson. Ryan said they are willing to plant barberry and 6' - 8' evergreen trees which should deter children from entering Hopson's backyard. Redpath asked if Ryan would be agreeable to a two-year bond covering the plantings. Ryan said that is a part of the Developer's Agreement. Hopson said he thought Ryan' s suggestion regarding the vegetation was a good one and he would be willing to accept that. Penzel said the City Council is committed to the concerns expressed in Hopson' s May 17th letter. Willard Daluge, 8795 Darnel Road, said there will be 32 - 64 vehicles per day which will be coming out onto Darnel and will adversely affect his property. Agnes Daluge, 8795 Darnel Road, said she thought there should be a cul-de-sac within the development which would eliminate the Darnel access . Penzel stated the Council takes into consideration all comments and concerns and, based on the legalities , takes action. MOTION: Tangen moved, seconded by Edstrom, to give 2nd Reading to Ordinance No. 82-06, rezoning Lake Eden Carriage Homes from Rural to RM 6.5 for 64 townhomes. Motion carried unanimously. MOTION: Tangen moved, seconded by Edstrom, to approve the Developer' s _ Agreement. Motion carried unanimously. Ryan noted they would like to have snow removal not limited to disposal on the east side of the property, but also included would be the ability to have the snow trucked off the site. B. 2nd Reading of Ordinance No. 82-10, considering alternate street names for Schooner Boulevard MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance No. 82-10, changing the street names in the Major Center Area. Motion carried with Penzel voting "no. " IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A.. Reports of Council Members 1. Appointment of 1 member to the Flying Cloud Airport Advisory Commission of Eden Prairie to fill an unexpired term to 2/28/85 The names of Jean Bitter, John Luce, and William Stanley were placed in nomination. Upon tabulation of the ballots Jean Bitter was selected to serve on the Flying Cloud Airport Advisory Commission. t City Council Minutes -9- May 18, 1982 MOTION: Bentley moved, seconded by Edstrom, to cast a unanimous ballot for Jean Bitter. Motion carried unanimously. 2. Penzel - a) announced that South Hennepin Community Services will conduct a tour at noon Friday of the new Parkview West facility; and b) a letter had been received from. Ernie Alexander of Emily, Minnesota, asking the Mayor to proclaim Friday, May 28, as "Dance for Poland Day" in Eden Prairie; the purpose of which is to raise funds for the purchase of Minnesota canned meats and other high pro- tein Minnesota foods to be shipped to Poland for distribution to the needy. MOTION: Redpath moved, seconded by Bentley, to instruct the Mayor to proclaim Friday, May 28, 1982, as "Dance for Poland Day" in Eden Prairie. Motion carried unanimously. B. Report of City Manager 1. Fleeting with PCA City Manager Jullie noted he, Chris Enger, Roger Pauly, and Larry Hicks (Donahue) had spent about four hours this afternoon in a meeting with the PCA. The major portion of the meeting was spent discussing the volumes involved and the permits which have been granted. City files indicated 3100 acre feet were available in the kettle while the PCA has used the figure of 3800 acre feet. As of July 1, 1981, 2752 acre feet of waste had been emptied into the landfill . If the City added an additional 356 acre feet to its 3100 figure - the 356 representing the volume which the PCA stated they authorized to provide better drain- age via the top slope - then 704 acre feet was available as of July 1, 1981 or 1. 5 years . PCA suggested it was more reasonable to use the 3800 acre feet figure or 3.2 years. PCA stated it would like to use these figures to formulate a permit. If this is not done, the environ- mental review process wiil take too long and the existing problems will not be mitigated. PCA said BF1 would be willing to do an EIS. PCA said it will send the City a draft of the permit amendment. Council discussion centered on methods of procedure. Edstrom asked if a problem were to exist, how would the City go about finding it particularly since the hydrological data will take nine months to study. Enger said he thinks there is a problem now with the ground water. He and Hicks and other Staff members had walked along the landfill and had found areas which are questionable. Jullie said the amended draft from PCA should be available to the City in about one week. MOTION: Edstrom moved, seconded by Bentley, to instruct City Attorney Pauly to take appropriate action once the draft amendment. is made avail- able. Motion carried unanimously. City Council Minutes -10 May 18, 1982 C. Report of City Attorney There was none. D. Report of City Engineer 1. Approve Final Plat for Lake Eden East (Resolution No. 82-109) MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-109, approving final plat of Lake Eden blest. Motion carried unani- mously. 2. Approve flans and specifications for Public Safety, Public Works and Parks & Recreation buildin sand set bid opening for June 15, 1982, at 10:00 a.m. Resolution No_ 82-111 Director of Public Works Dietz reviewed plans and specifications for the public safety, public works and parks & recreation buildings. Bentley asked that, in the future, the Council be given plans of buildings under consideration by the City. Penzel said highlighted excerpts of the plans would be acceptable. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 82-111 , approving plans and specifications and ordering advertisement for bids. Motion carried unanimously. E. Report of Finance Director 1. Proposals for Insurance Finance Director Frane addressed his memorandum of May 13, 1982, in which the insurance proposals were outlined. MOTION: Redpath moved, seconded by Edstrom, to accept the proposal of the New Horizon Agency for the umbrella policy and the M.E. Lane Agency for the balance of the insurance. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. 2. Request from Burdel l Wessels Finance Director Frane noted an April 13, 1982 letter from Corporate Risk Managers , Wessels company, requesting to provide insurance services to the City. Frane recommended the Council engage this firm to review and make recommendations in the areas of coverages , deductibles and pre- miums. MOTION: Edstrom moved, seconded by Redpath, to accept the recommendation of Finance Director Frane and to engage Corporate Risk Managers , at a cost not to exceed $1 ,000 to review and make recommendations in the areas of cover- ages , deductibles and premiums. Roll call vote: Bentley, Edstrom, Redpath , Tangen and Penzel voted "aye." Motion carried unanimously. City Council Minutes -11- May 18, 1982 3. Twin City Christian Homes MIDS's Finance Director Frane explained this was before the Council because previous Council action had requested its return once the financial feasibility report was received from the accountant. Bruce Farrington, President of Twin City Christian Homes, was present to answer questions as were Clayton Stranlie and another representative of Miller Schroeder and other parties connected to Twin City Christian Homes. The concensus of the Council was to take no further action. X. IVEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 11:44 p.m. Motion carried unanimously. I _ - - - May 17 , 1982 x MAY i 7 �982 Wolfgang Penzel, Mayor City of Eden Prairie Eden Prairie City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mayor Penzel : As a member of the Lake Eden Homeowners Association and an Eden Prairie voter and tax payer, I would like to express my feelings and most ser- ious concerns over the Zachman Homes project on Anderson Lakes Parkway and Darnel Road. Of more concern than the project itself , is the manner in which members of the City Council and the City Planning Commission have allowed Zach- man ' s representatives, Mr . Steven Ryan in particular, to continue to manipulate and insult the intelligence of various L.E . H.A. members, while we attempted to express our viewpoints (however emotionally or unprofessionally) on issues which are certain to affect our property values , privacy and other convenience factors . When concerned citizens were allowed to speak to the issues which concerned them, Mr . Ryan was granted free reign to negate, minimize, dodge and in some instances, demonstrate his amusement at our sincere concerns. Mr. Ryan has without doubt done his job well and accomplished his goal (one which I suspect was motivated by more than his humanitarian desires to providing housing for the unfortunate victims of our economy) . He has dazzled the City Council and Planning Commission with slides, statistics (favorable to his interests) and various other highly per- suasive "sales tools. " Mr. Ryan 's series of well prepared presentations could not have been adequately disputed unless one happend to be in the real estate profession or equally proficient in the art of verbal gym- nastics . Mayor Penzel, it would seem obvious even to the casual onlooker, that Zachman Homes interests do not go beyond the construction of low cost investment/rental housing, which will yield a measurable profit to their organization. I have not seen any voluntary efforts on the part of Zachman Homes to protect or enhance the property adjoining or sur- rounding their project. If this were of any consequence to Zachman , the project would have been built elsewhere, or the buildings would have been upgraded to a level more condusive to an upper, middle in- come neighborhood. Your allowing this low cost investment/rental development in our neighborhood of $100 , 000 plus homes is a discredit to the standards maintained by the residents of our area. Zachman ' s development will prove to be as much of an ammenity to the Lake Eden Addition as Windslope is to The Preserve . Of course, we were reminded of our best alternative to this problem at the first Public Hearing held by the City Planning Commission . The Chairperson of the Commission ( I do not remember this candid person ' s Mayor W. Penzel Page 2 name) informed us that she, a former resident of The Preserve, was "very lucky to have sold her home soon after being faced with the same situation (Windslope) . How fortunate for her that uprooting her family and financing a new home was within her capabilities . Good score for Zachman however, as it illustrated the futility of our efforts , and it became evident that Zachman had already got what they wanted and the rest was academic. It was never possible for us to stop the project from going up. Granted, the change of color scheme was a victory for us . I do find it odd that it was such a big issue , but perhaps Mr . Zachman or his planners have unusual tastes, not to mention their desire to keep the project cost efficient. It makes me wonder if volume discounts or an excess inventory of gray sideing may have been a factor in the difficult resolution of this objection . The trees , landscaping, berms and privacy fencing still appeal be unresolved . I would hope that we will end up with as much land- scaping, berming and/or fencing as is necessary to block this project out of immediate visual range . Mr . Ryan persists in insisting that our yard area will not become a thoroughfare for children who reside in these units . Mr. Ryan, with some confidence (and I hesitate to think of how he personally can make such assurances) , states that there will be few, if any children in the complex . Unless he incorporates birth control into the by- laws of the project '•s homeowners association, I fail to see how he can make these commitments. At the final Public Hearing , I addressed the subject of a fence along the southerly border of my property. Mr . Ryan interpreted the request for a fence as a substitue for landscaping - - it was my intention to suggest the fence . in addition to the landscaping. Mr. Ryan appeared to be less than receptive to my request. What bothers me is if Mr. Ryan double talks his way into putting up a privacy fence in lieu of landscaping, then I must bear the financial burden of putting in trees or whatever, tO detract from what may be mistaken for a miniturized version of the Great Wall of China . It is this simple, I do not want to see these units, and I do not want residents of these units having walk-over access to my backyard. I know Zachman will not finance a forest, but I do expect a recogniz- able effort to be made which includes both trees and a fence. The most important issue we still challenge is the projects access on Darnel Road. You were informed that the City Planners Office had promised the Daluges that this would not happen. Your remark was "you should have got this in writing" . Now that we have twice estab— lished the attitude of the members of the City Planning Commission, we now ask for, in writing, that an access onto Darnel WILL NOT cause the following. 1 . Headlights from the Darnel exit directly hitting the windows of surrounding homes . (Mr. Ryan was less than thorough - somewhat t Mayor W. Pen ze 1 Page 3 unusual - in his presentation to move the planned driveway by only a few feet . Coming straight out, the headlights would not hit the Daluges house directly , but they would light up the remainder of the neighbor- hood as the cars turn . Further, Mr. Ryan was not informed as to the candlepower of headlights , but I can assure you, a direct beam is an annoyance and irritating even at long distances . ) 2. A safety problem as a result of parked cars . Children will be in full view of motorists using Darnel Road from the time these child- ren leave the curb until they cross the street enroute to the school bus stop, the ball field, friend ' s homes, etc . 3 . The driver ' s of vehicles exiting the project, making the unlikely impractical decision to turn right to reach Anderson Lake Parkway . 4 . The traffic noises of vehicles entering and exiting creating a y constant- disturbance to the present residents of the neighborhood. 5 . Traffic delays at the stop sign located at the intersection of Darnel Road and Anderson Lakes Parkway . 6 . The vast majority of Zachman Homes residents deciding NOT to use Anderson Lakes Parkway as their primary point of exit or entrance . What do you think Mayor Penzel? Surely it would be reasonable to have Mr. Ryan put all of this in writing . Mr. Ryan is so confident of his ' "feelings", points of logic and findings from other similar Zachman ventures , that he presents them' as facts to the City. He should have no objection to making these assurances in written form. Perhaps you would ask why such an assinine request? As I have just stated, Mr. Ryan has already given these assurances, verbally at every hearing to date, with the possible exception of #2, and since we know what can happen "if you don' t get it in writing" , it really isn ' t such an assinine request is it? Or how about considering another option. Inform Mr. Ryan that we do not care what he does with his snow; we do not care how many cars he can park inside the confines of the property or what happens in the future based on the devine wisdom of his homeowners association - - just have him instruct his staff to replan this project where entrance to and exit from is accomplished on Anderson Lakes Parkway only . It is my hope that you can see the merits of our wanting to protect our secluded , single family dwelling environment as much as possible . We ask your help and the support of the members of the Council in prevent- ing this investment housing from detracting from our neighborhood. - Since it must be a part of it, we would like the complex "isolated" to y a reasonable degree by adequate landscaping and appropriate traffic flow. Much of this letter states my feelings on not only the issues , but my impressions of how they were handled - or mishandled . What is done } with the land between my property and the project is , of course, of little consequence to anyone but me . The problem of the exit onto i Mayor W. Pen ze 1 Page 4 Darnel Road, however, is of great importance to almost every resident in the immediate area. The vast majority are opposed to the location of this exit and support its relocation to Anderson Lakes Parkway. If I have been unable to convince you in this most lengthy letter that we still have valid concerns, could we please arrange a meeting of our Association and the appropriate members of the City Council, in the absence of a representative of Zachman Homes? Thank you for your time and consideration. Very truly yours, Sam L. Hopson 8770 Darnel Road CC : Mr. Murray Blair, President Lake Eden Home Owners Association -14r------St�-e.n--Fy-a�n . -�,ae-h�arn--H©mes- P