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HomeMy WebLinkAboutCity Council - 07/19/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 19, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Pauly Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Sec- retary Karen Michael CATION: Councilman George Bentley GE OF ALLEGIANCE ROLL CALL: Councilman Paul Redpath was absent. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III . J. 2nd Reading of Ordinance No. 27-83 and Resolution No. 83-180 pertaining to Welsh Construction Offices and III . K. Joint Resolution_with Chaska and Chanhassen regardingHighway 5 and, 212. iOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other tems of Business as amended and published. Motion carried unanimously. 1INUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 21 , 1983 'age 4, para. 2, line 8: change "building" to "interior" . MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, June 21 , 1983, as amended and published. Motion carried with Anderson abstaining. III . CONSENT CALENDAR A. Clerk' s License List B. 2nd Reading of Ordinance No. 23-83, Zonis Amendment for RM 6.5, Approval of Amendment to Developer' s Agreement for Northmark 4th Addition and Adoption of Resolution No. 83-166, Approving Summar of Ordinance No. 23-83, and Orderi n2___jhe Publication of said Summer for Northmark 4tFi Addition. Approximately 32 townhouse units north of Nesbitt Par-- k an- west of Center Way. City Council Minutes -2- July 19, 1983 C. 2nd Reading of Ordinance No. 33-_83 , Deferment of Special Assessments for Senior Citizens and Handicapped and adoption of Resolution No. 4r 83-177 � �D. Resolution No. 83-162, approval of overhead transfers E. Award contract for Homeward Hills Roadway extension, I .C. 52-033 (Resolution No. 83-163) �+ F. Resol_uti_on approving an at-grade railroad crossing of the C & NW n''% t C.d. ».. .1 D 1.. s .d �D�c� ��i inn p lrr► r%a1 I ay al. E-denvale Sou evartl �nCJv1 ..� �v.. No.. 83-a65) G. Final Plat approval for Bluff' s East First Addition (Resolution No. 83-174) H. Management and Restoration Reports on Bryant and Riley Lakes I . Resolution No. 83-175, establishing "No Parkin " zone at CSAH 1 east and west of Ri l.___�r Lake Road __ J. 2ndReading of Ordinance No. 27-83 and Resolution No. 83-180 pertaining to W__elsh Construction Offices K. Joint Resolution with Chaska and Chanhassen regarding Highways 5 and 212 (Resolution No. 83-193) � � !^ MOTION: Tangen moved, seconded by Anderson, to approve items A - K on the Consent Calendar. Motion carried unanimously. (Bentley stated he would have 4L abstained from voting; but because this issue would receive four "yes" votes if continued, he voted so the proponent would not be further delayed. ) IV. PUBLIC HEARINGS A. CITY WEST BUSINESS CENTER by Ryan Construction. Request for Planned Unit Development District Review, Planned Unit Development Amendment Approval , Zoning from Rural to I-2, Preliminary Plat approval of 14.05 acres into two lots for office/service/storage uses, and denial of request for petition for Environmental Assessment Worksheet. Location: northwest of Shady Oak Road, west of 169/212. (Resolution No. 83-135 - PUD, Ordinance No. 26-83 - zoning, Resolution No. 83-136 - preliminary plat, and Resolution No. 83-179 - EAW) - continued from 6/21/83 City Manager Jullie noted this item was continued from June 21 , 1983. Al Schackman, Ryan Construction, addressed the request. Planning Director Enger said the Planning Commission had re-reviewed this proposal at it July 18, 1983, meeting at which time it voted to recommend approval of the site plan exclusive of any land uses. The Commission voted to recommend denial of the request for the petition for an Environmental Assessment Worksheet. Enger noted the Staff memorandum of July 15, 1983, . addressing the questions which had been raised by the City Council at its June 21, 1983, meeting. City Council Minutes -3- July 19, 1983 Penzel asked if sidewalks had been considered along Shady Oak Road. Enger said Staff had been considering a sidewalk which will be built concurrent with the upgrading of Shady Oak Road. Bentley asked if Schackman had discussed plantings with the residents of Golden Ridge. Schackman said that proposition had not been directed at him; this had been discussed between ADI and the Golden Ridge residents. Bentley said he was concerned because most of the foliage on Golden Ridge is deciduous in nature and for six months of the year the trees are bare. He wondered if it was possible to mitigate the impact by planting evergreens on the hillside. Schackman said it would seem almost impossible, if not impractical , to get the necessary equipment to the sites where the plantings would provide the most benefit. He said he did not feel this could be done in a satisfactory manner. Anderson asked what types of trees are to be planted on the berm along Shady Oak Road. Schackman said there will be 7 - 20' Colorado Blue Spruce trees , 18 - 15' Dundee junipers , 17 chokecherries , 29 dogwoods , 12 cottoneasters, and 68 arrowwoods included in the first phase. Penzel asked Scott Anderson, representing ADI , if he had attempted to contact the Golden Ridge neighbors since the last Council meeting. He said he had not but during the past two weeks they had been trying to complete the berm plant- ings -- which were damaged in today' s storm. Duke Addicks ,> attorney for the Golden Ridge residents , said his clients are accepting of the decision on the EAW. He said the efforts which have been 4Lmade as to the design of the buildings is superficial . He noted the major issue of concern to his clients, and one which should be of major concern to the City Council , is should the City allow this portion of the City to become an industrial park. Addicks also reviewed the concerns regarding landscaping. Penzel asked about the rationale behind the traffic lights at Rowland Road. Enger said the proposal for the traffic light at Rowland Road was brought about by the City' s continued study of the amount of traffic expected from } development in the area and where access points might be along Shady Oak t Road. Enger said this had been reviewed by the City's traffic consultants and Hennepin County and this was determined to be the best location; this is something which will be brought before the Council in the near future. Bentley said his initial reaction to this proposal was the same as that of Addicks. After considerable discussion he felt the decision came down to control of the uses in an I-2 or high-tech office zone. He said he felt if a high-tech office zone were available there probably would not be a problem. Bentley said Addicks had mentioned the Guide Plan and how this proposal would fit into what was proposed. It was his feeling that what is proposed is closer to what had been viewed by the Guide Plan than to what might have been intended in the 1982 PUD. Bentley expressed concern as to the impact 100% office use might have on the area in view of the fact that that use might be better built in the Major Center Area. He said he would support the City Council Minutes -4- July 19, 1983 project as it is because he does not feel it is that much different from what had been proposed. Tangen noted the Planning Commission had reviewed the proposal and had agreed that all issues, except that of land use, had been resolved. He said the project has been improved since the time it first came before the Council ; he felt he could support the project even though he does not think the City has the proper zoning classification for the use proposed. Anderson said this is a new type of building and there is a demand for buildings of this type; he felt this project would be an asset to the community. Penzel said he had considered this proposal for a long time and felt there had been a serious attempt to resolve the issues which had been raised. He felt the plans of the City must change with the times. It was Penzel ' s feeling that this proposal is consistent with the original context of the Guide Plan and he said he would support the proposal . MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and tc adopt Resolution No. 83-135, approving the Planned Unit Development Amendment of City West PUD for Ryan Construction. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 26-83. Motion carried unanimously. 4 MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. '63-136, approving the preliminary plat for Ryan Construction/City West. Motion carried unanimously. MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 83-179, denying the request for petition for Environmental Assessment Worksheet for4L West Business Center Proposal by Ryan Construction; and to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations , and to work with residents of Golden Ridge to develop a planting plan for this project -- on-site planting plan to be reviewed by City Staff. Motion carried unanimously. B. PLAZA DRIVE remnant vacation. MOTION: Bentley moved, seconded by Tangen, to table action on the Plaza Drive remnant vacation to a date not certain. Motion carried unanimously. C. COMMERCIAL STABLES ORDINANCE. (Ordinance No. 34-83 - Commercial Stable Code - amending City Code Chapter 11 , Section 11. 10, Subdivision 2 by adding thereto Subparagraph E which adds Commercial Stables as permitted uses in certain portions of the Rural District and Section 11.02 , 43 , defining Commercial Stables, redefining Section 11.02, Item 3, "Agriculture," "Stable-Commercial ," and amending City Code Chapter 5 by adding thereto Section 5. 70 relating to the licensing and regulation of Commercial Stables , and adopting by reference City Code Chapter 1, Section 5.01 through 5.11 and Sections 5.99 and 11 .99 which, among other things , contain penalty provisions) - - City Council Minutes -5- July 19, 1983 City Manager Jullie said notice of this Public Hearing had been published { and notices had been sent to twelve existing or anticipated stable operators . Jullie also noted that he had met with Sally Brown to review the Ordinance requirements; she had not contacted him with any suggested changes. Zoning Administrator Jean Johnson was present to answer questions. City Attorney Pauly stated- the definition had been revised to delete the raising of horses for sale from the ordinance; this activity can only continue as a non-conforming use. There were no convnents from the audience. MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing and to give 1st Reading to Ordinance No. 34-83. Motion carried unanimously. D. HIGH TRAIL ESTATES 2ND ADDITION _�y Countryside Investments , Inc. Request for zoning from Rural to R1-13 .5 and Preliminary Plat of 10 acres for 21 single family detached lots . Location: 6451 Duck Lake Road. (Ordinance No. 35-83 - zoning and Resolution No. 83-168 - preliminary plat) City Manager Jullie stated notice for the Public Hearing had been published and property owners within the project vicinity had been notified. Peter Knaebele and Al Gray, RCM, engineers for the proponent, addressed the proposal . Director of Planning Enger said the Planning Commission had reviewed this proposal at its June 6, 1983, meeting at which time the Commission suggested modifications and again at its June 27, 1983, meeting at which time the revised plan was submitted . The Planning Commission voted to recommend approval of the revised plan subject to the recommendations included in the Staff Reports dated June 3, 1983, and June 24, 1983 . Director of Community Services Lambert stated the Parks , Recreation & Natural Resources Commission had voted to recommend approval of the proposal at its meeting on July 18, 1983, subject to the recommendations of the Staff Report. Anderson asked how encroachment into the lowland area is to be accomplished. Gray said it will be handled via the drainage easement which will be required by the City. Tangen inquired about the property to the north and asked if this would be served by a cul-de-sac, Enger said this cul -de-sac is dictated by topo- graphic features and would only serve the High Trail Estates Addition. JoAnn Badenhop, 16950 North Manor Road, questioned the lot lines in regard to her home which abuts the proposal , George Carlson, 16171 South Hillcrest Court, said there is a lack of through streets in Eden Prairie ; he would like to see more access provided for people who are not travelling in cars. City Council Minutes -6- July 19, 1983 MOTION: Anderson moved, seconded by Tangent, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Tangen, to give 1st Reading to Ordinance No. 35-83. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-168, approving the preliminary plat of High Trails Estates 2nd Addition for Country- side Investment, Inc. , and to direct Staff to prepare a summary resolution taking into consideration the recommendations included in the Staff Report as well as the comments made by the Council . notion carried 'unarnmoulsy. Penzel said he had a concern regarding the dumping of construction debris on Countryside property. Arvid Schwartz, Countryside Investments , said he was unaware that there was a problem; he noted that they had sold a couple of the lots to which Penzel was referring but he would check into it. E. CROSSROADS TOWNHOMES by Baton Corporation . Request for preliminary plat 6V5_.0 acres for seven 7 townhouse buildings. Location: south of Pioneer Trail across from Prairie Fast 6th Addition. (Resolution No. 83-169 - pre- liminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Richard Jedlicki , Baton Corporation, addressed the proposal ; he especially s noted the parking provisions . Director of Planning Enger said the reason for the request for a preliminary plat, which had originally been reviewed as part of the Bluffs East PUD, was for ease of financing. He noted the Planning Conxnission had reviewed this a at its June 27, 1983, meeting at which time it voted to recommend approval 3 subject to the recommendations included in the Staff Report dated June 24, 1983_ This request was not reviewed by the Parks , Recreation & Natural Resources Commission. Discussion ensued on the number of parking spaces. Jedlicki said there would be 2. 5: 1 spaces provided with a provision for 3: 1, if necessary. He noted an option being offered buyers is a tandem garage provision. Bentley asked if all the materials requested of the developer had been provided to the City. Enger said not all materials had been received. Susan Hustad, representing the developer, said a bond would be posted by the contractor. City Council Minutes -7- July 19, 1983 Bentley asked if the parking shown meets the requirements of the parking ordinance.4rEnder said it does not because one space (one of each of the 2. 5) is "obstructed" . The driveway space is counted as one half and an additional one half space could be provided elsewhere. Enger noted how the parking at Burning Tree apartments has worked -- that is the basis for determing the number of spaces which are necessary for this project. MOTION: Bentley moved, seconded by Anderson , to close the Public Hearing and to adopt Resolution No. 83-169, approving the preliminary plat of Cross- roads Townhomes by Baton Corporation with the stipulation that there be 22 spaces per urn i t w i t h the provision that the homeowner'S at'.^,^ States that additional parking will be provided (three stalls per unit) ,if necessary, and that the bonding for storm sewer be completed prior to the granting of building permits, Motion carried unanimously. F. FLYING CLOUD BUSINESS CENTER by_ Investment Services Group. Request for Zoning from Rural to I-2 Park of approximately�0.5 acres and Preliminary Plat of 2.9 acres , including vacation of McKinley Lane right-of-way and drainage easements for office/warehouse uses. Location: Flying Cloud Drive and McKinley Lane. (Ordinance No. 36-83 - zoning and Resolution 83-170 - preliminary plat) City Manager Jullie said official notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tony Feffer, Investment Services Group, spoke to the proposal . Planning Director Enger said the Planning Commission had reviewed this proposal at its June 27, 1983, meeting at which time it voted to recommend approval of the preliminary plat and rezoning and the vacation of McKinley Lane right-of-way subject to the recommendations included in the Staff Report of June 24, 1983. This proposal was not reviewed by the Parks, Recreation & Natural Resources Cocnmi s s i on. Bentley asked how the value of the property (McKinley Lane right-of-way) would be determined. Enger said the City had asked Feffer to submit an appraisal ; the appraisal was for $28,000. Tangen asked if this seemed to be within a range of other properties in the area. Jullie said City Assessor Martz had checked the appraisal and found it to be reasonable, Tangen asked if the loss of the oak tree on this property could be replaced caliper inch for caliper inch. Enger said that could be done, MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 36-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-170, approving the preliminary plat of Flying Cloud Business Center for Invest- ments Services Group and directing Staff to prepare a summary resolution. Motion carried unanimously, City Council Minutes -8- July 19, 1983 MOTION: Bentley moved, seconded by Tangen, to set August 16, 1983, as the date for a Public Hearing on the vacation of McKinley Lane. Motion carried unanimously. G. ANDERSON LAKES PARKWAY Feasibli1ity_ Report, I.C. 52,035. City Manager Jullie stated that notice of this Public Hearing had been pub- lished and mailed to property owners listed on the preliminary assessment roll . Director of Public Works Dietz reviewed the Feasibility Report noting the cost of the City' s portion of the improvement would be $306,657. Penzel called attention to a letter of July 18, 1983, from Northrup King Co. regarding the Feasibility Report. (See attached. ) Jullie noted work underway by Staff in regards to a Capital Improvement program for the City, He said it might be appropriate for the Council to continue consideration of this proposal until such time that the Council has determined a priority listing of the needed road improvments within the City. R George Carlson, 16171 South Hillcrest Court, said he would like to see a shoulder provided on the roads so that bikers and runners have their own space. Ed Ressler, Northrup King Co. , said they have hired Tandem Corp. to assist them in developing their property. He spoke to the three issues addressed in the letter referred to earlier. He said he would like to have the Public Hearing continued. Sherrill Kruetich, Larkin, Hoffman, Daly & Lindgren, Ltd, , attorney rep- resenting Norwest Bank of Bloomington, one of the landowners , spoke to the types of soils and housing which might be built, She said an assess- ment of this amount would make the land economically undevelopable, She said her client would like to work with the City for their mutual benefit. Bentley said this is a very important project for the City; and noted this is important to the overall transportation system in the City, Bentley added the comments heard tonight were worthy pf note. MOTION: Bentley moved, seconded by Tangen, to continue the Public Hearing to September 20, 1983. Motion carried unanimously. H. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE _AMOUNT OF $500,000.00 for Cotton/Hagen Partnership 'Resolution Not 83-171) City Manager Jullie said notice of this Public Hearing had been published, Stan Johannes, Rothschild Financial Corporation , spoke to-the request, City Council Minutes -9- July 19, 1983 There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing and to adopt Resolution No. 83-171, giving preliminary approval to a proposed industrial development project. Motion carried unanimously. I . REQU 00EST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF V2, 0,00 0.00 FQR BB PARTNERSHIP - Resolution No. 83-172T T City Manager Jullie said notice of this Public Hearing had been published. Brad Hoyt, representing BBS , spoke to the request. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt the revised draft of Resolution No. 83-172, determining to proceed with a project and its financing under the Municipal Industrial Development Act, referring the proposal to the Department of Commerce for approval and authorizing preparation of necessary documents. Motion carried unanimously. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF T1,600,000. 00 FOR TRI-COR PROPERTfFS (-Resolution No. 83-f73j City Manager Jullie said notice of this Public Hearing had been published. 4LDick Riley, Dougherty, Dawkins, Strand & Yost Incorporated, spoke to the request. There were no comments from the audience . MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 83-173, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Commissioner of Energy, Planning and Development for approval and authorizing preparation of necessary documents , Motion carried unanimously. AYMENT OF CLAIMS NOS. 8487 - 8753 MOTION: Tangen moved , seconded by Anderson, to approve the Payment of Claims Nos. 8487 - 8753. Roll call vote: Anderson, Bentley, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports . ;I City Council Minutes -10- July 19, 1983 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. TARGET. Request for Site Plan Review for Retail Service Use. Location: east of Highway 169, north of Prairie Center Drive. Dick Brooks , real estate manager for Target, addressed the request. He said that Target would accept the recommendations included in the July 15, 1983, Staff Report and recommended by the Planning Commission with the exception of the brick exterior. Dale Hamilton, Suburban Engineer- ing, discussed the site plan. Michael Moorman, architect, spoke to } the architectural objectives of Target. Planning Director Enger stated the Planning Commission had reviewed this request at its meeting on July 18, 1983, at which time discussion centered around how to most effectively deal with the truck maneuvering area. The treatment of the loading area was of concern to the Commission. Penzel stated his concern regarding the hardiness of the Austrian pine trees which are to be planted as screening. He also inquired as to the truck parking area which he would like to see further enclosed to provide "dark parking. " Penzel explained the Council 's position on brick buildings. tl ,. Bentley noted his concern regarding the building material . He said that within the Major Center Area it would be beneficial if all construction were of brick to provide a long term image which the City has tried to convey. Moorman said Target has attempted to create a strong design image throughout the country -- one which is easily recognized. He said they have used exposed aggregate and that it is compatible with brick. He said they felt aggregate to be a quality product -- as much so as brick. MOTION: Bentley moved, seconded by Anderson, to continue the meeting beyond the 11 :30 p.m. time limit. Motion carried unanimously. Enger said he felt the truck loading area will be adequately screened but the maneuvering area would not be adequately screened. It was noted by Brooks that the company policy would be to not park trucks in this area. Enger said this would be a very difficult thing to enforce. Brooks said Target would extend the retaining wall to provide adequate screening as determined by the City. Tangen said he had a problem with saying that brick was always required. He said he finds the aggregate to be attractive and asked if Staff felt this was quality material . Enger said the cast concrete aggregate panels are better than the epoxy aggregate panels. He said he would be happy to review this further with the Building Department. He noted that exposed aggregate has some advantages. Bentley said he would like to have Staff put together a study on different types of building materials so the Council would have more of an idea as to what types of materials might be permitted and under what conditions . Anderson said his concern was that the City Council has held the line on brick for a number of years and might now be going against what has been done in the past. Penzel said he thought brick should be required because it would provide for consistency; allowing aggregate panels would set a precedent; and the Council should give consideration as to what the City' s objective should be. City Council Minutes -11- July 19, 1983 Tangen said he felt the Council should be open to new materials and changes in technology. Penzel said it is a question of compatibility; he asked City Attorney Pauly if this would hold up legally. Pauly said "compatible" denotes a practical , utilitarian concept and also can be aesthetic which then makes it more subjective. MOTION: Tangen moved, seconded by Bentley, to approve the site plan _ review subject to the recommendations of the Planning Commission and the Staff Reports of July 15, 1983, and June 24, 1983; but allowing the use of a—regatn 5s the nvt�fv++nv. i : 1 Motion a �-e 7y. ��u...,. ....a w.e ...n Vt.t .V/ Iii4 1.c'�1 tal . 1'lo tl V11 loses on a VVVC of 1 - 3 (Tangen voted "aye. " ) MOTION: Bentley moved, seconded by Anderson, to approve the site plan review subject to the recommendations of the Planning Commission and the Staff Reports of July 15, 1983, and June 24, 1983, calling for a brick exterior, there be a provision for "no parking" in the truck manuevering area, and the truck parking area will be adequately screened . Motion carried unanimously. VIi ' . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 22-83, Zoning from Rural to R1-9.5, R1-13.5 , and R1-22, approval of Developer' s Agreement for Hidden Glen, and Adoption of Resolution No. 83-167, Approving Summary of Ordinance No. 22•_-83 . and Orderin�_ the Publication of said Summar,�for Hidden Glen.. 22.8 acres for 59 single family lots south of Townline Road and east of Highway 101 . 4LCity Manager Juliie said he had discussed the Lochanburn connection with Director of Public Safety Hacking and Hacking did not find it to be an overriding concern; he felt Lochanburn should be regraded if the connection is to be made. Anderson said he would like to have trails through the area; it is difficult to get from one place to another except by car. Penzel said he would like to see a street connection rather than a trail connection for safety reasons. George Carlson, 16171 South Hillcrest Court, spoke to the issue of having streets connect neighborhoods; this is especially important to runners and bike riders. Dick Feerick , proponent, noted there is a connection to the park from another part of the area. He spoke to the grades in the area of Lochan- burn where the connection would be made. Penzel asked if the City had any information regarding the park acquisition costs as well as estimates for Dell Road. Enger said there were no figures available yet for the Dell Road project; the Developer's Agreement takes note of this. Director of Community Services Lambert said he had just reviewed the appraisal with Feerick and details of it had yet to be worked out; he felt purchase terms could be worked out. City Attorney Pauly noted the terms of the Developer's Agreement as worded are not enforceable; it would be best to hold action until the terms are agreed to. City Council Minutes -12- July 19, 1983 MOTION: Tangen moved, seconded by Anderson, to have the Lochanburn connection required in the final plat. Bonnie Riegert, 6611 Lochanburn Road, said she does not want to be isolated but she sees no ne'bd for the connection. She felt that kids would find their way to the park no matter if there was a connection or not. Bentley said he did not see an overriding need for this connection. Tangen noted that trails are not plowed in the winter which makes them unusable for a number of months out of the year. VOTE ON THE MOTION: Motion carried with Bentley voting "no. " The concensus was to hold action on the Dell Road assessments issue and the park acquisition costs subject to the receipt of all the necessary documents. MOTION: Anderson moved, seconded by Bentley, to authorize the proponent to start grading while consideration of the rezoning issue and final plat approval is continued to the August 2, 1983, meeting or at a sooner date at the discretion of the Mayor. Motion carried unanimously. �. Final Plat approval for Hidden Glen (Resolution no. 83-178) Action on this item was included in the previous motion. PORTS OF OFFICERS, BOARDS &_COMMISSIONS 'Reports of Council Members Penzel reminded Council members of the breakfast meeting scheduled for 7: 30 a .m. , Thursday, August 4, 1983, with Councilmen from Chanhassen and Chaska and Highway Commissioner Braun to discuss TH 212, 5, and 169. He noted that County Commissioners and Legislators had also been invited to attend this meeting. B. Report of City Manager 1. Custodial Services for the Public Safety Department City Manager Jullie called attention to his memorandum of July 15 , 1983, in which he addressed Public Safety Director Hacking's request. MOTION: Anderson moved, seconded by Tangen, to promote the part-time custodial position to a full-time position as of August 1 , 1983, as outlined in City Manager Jullie' s memorandum dated July 15, 1983. Roll call vote: Anderson, Bentley, Tangen and Penzel voted "aye." Motion carried unanimously. 1 n - City Council Minutes -13- July 19, 1983 C. Report of-City Attorney City Attorney Pauly reported on the status of the Douglas grading permit. Pauly noted the Supreme. Court issued a decision on the open meeting law: essentially they held that a conversation between less than a quorum does not violate the open meeting law., D. Report of Director of Community Services 1. 1984 LAWCON Grant Director of Community Services Lambert addressed his memorandum of July 7, 1984, in which he reported the Parks , Recreation & Natural Resources Commission had recommended the City Council apply for a Lawcon grant for the purchase of the Hendrickson property for the expansion of Riley Lake Park. MOTION: Anderson moved, seconded by Tangen, to authorize Staff to proceed with the Lawcon grant application. Motion carried unanimously. 2. Edenvale Land Dedication Requirements MOTION: Tangen moved, seconded by Anderson, to accept the deed for the Edenvale Park contingent on receipt of a letter from K. Schumacher saying the taxes have been paid. Motion carried unanimously. 4LE. Report of Planni rector There was no report. F. Report of Director of Public Works 1. Award contract for Rymarland _:Amp 3rd Addition, I.C. 52-043 (Resolution No. 83-164T- MOTION: Tangen moved. seconded by Bentley, to adopt Resolution No. 83-164, accepting the bid for the Rymarland Camp 3rd Addition project. Roll call vote: Anderson, Bentley, Tangen, and Penzel voted "aye. " Motion carried unanimously. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: g";L1-y moved, seconded by Penzel , to adjourn the meeting at 1 :07 a.m. Motion carried unanimously. - -