HomeMy WebLinkAboutCity Council - 09/06/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, SEPTEMBER 6, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George
Bentley, Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Public Works
Eugene A. Dietz and Recording Secretary Karen
Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman George Bentley was absent
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item III . B. 2nd Reading of Ordinance No. 35-83 zoning from Rural to R1-13.5
for Nigh Trai Is Estates-2nd i t on fo untry i e Investments , Inc'., approval
of Developer's A reement for High Trails states nd Addition, and adoption of
Resolution No. 83-207, approving summary of Ordinance No. and -ordering
the ublication of said summaryof Hi h Trails Estates-,2nd Addition, and item
III . C. Final Plat approval for High Trails Estates 2nd Addition (Resolution No.
33- 12 were removed from the Agenda and continued for two weeks.
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MOTION: Redpath moved, seconded by Tangen, to approve the Agenda and Other 3
Items of Business as amended (deletions as noted) and published. Motion
carried unanimously.
II . MINUTES
A. Minutes of the City Council Meeting held Tuesday, Au2ust 2, 1983
MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of
the City Council Meeting held Tuesday, August 2, 1983, as published.
Motion carried unanimously.
B. Minutes of the City Council Fleeting held Tuesday, August 16, 1983
Page 4, para. 2, fine 6: change "defeated" to "deleted"
Page 5, para. 9, last line: change "what had" to "that might have"
Page 6, para. 11, line 2: change "permissable" to "permissible"
MOTION: Redpath moved, seconded by Anderson, to approve the Minutes of.
the City Council Meeting held Tuesday, August 16, 1983, as amended and
published. Motion carried unanimously,
City Council Minutes -2- September 6, 1983
III . CONSENT CALENDAR
' A. Change Order Number 1 , Lavonne Industrial Park, I .C. 52-048
B. 2nd Reading of Ordinance No. 35-83, zoning from Rural to R1-13.5 for High
Trails Estates 2nd Addition—for Countryside Investments , Inc. , approval of
Developer's Agreement for High Trails Estates 2nd Addition, and adoption of
Resolution No. 83-207, approving summary of Ordinance No. 35-83, and ordering
the publication of said summary of High Trails Estates 2nd Addition. 21 lots
at 6451 Duck Lake Road. Removed from the Agenda and continued for two weeks.
C. Final Plat apt roval for High Trails Estates 2nd Addition (Resolution No.
83-212) . Removed from the Agenda and continued for two weeks.
D. Final Plat approval for Hidden Glen (Resolution No. 83-213)
E. 2nd Reading of Ordinance No. 39-83 zoninq from Rural to Office for CRC by !
Ryan Construction Company, and approval of Resolution No. 83-206, approving
development, 21,000 square feet of office on 1.5 acres at City West Parkway
in City West Planned Unit Development.
F. Approval of Amendment to Developer's Agreement for Shady Oak 5th Addition by
MN-TX
G. Clerk' s License List '
( H. Final approval for Municipal Industrial Develo meat Bonds in the amount of
$3,950,000.00 for Shady View Business Center Resolution No. 83-214
MOTION: Redpath moved, seconded by Tangen, to approve items A, D - H on
the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. REQUEST FROM SCOTT AND STEPHANIE FELDMANN for Council review of Board of
Appea s & Adjustments decision on Variance No. 83-23
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the affected area had been informed. Jullie re-
viewed action taken by the Board of Appeals & Adjustments and noted the
provision in the City Code from which the Feldmann' s appeal was taken.
Scott Feldmann, 18865 Pheasant Circle, stated the reasons for the request;
he also reviewed the objections voiced by the Cronks and addressed the issues
raised by those objections.
David Cronk, 18895 Pheasant Circle, said he felt the Ordinance was a good
one and spoke to the reasons the request should be denied.
Penzel noted that because there are 55 other cases in Hidden Ponds where
the driveway return is closer than ten feet to the lot line and this condition
exists because of a misinterpretation by Staff, does not mean that this
(� practice should be continued. He asked City Attorney Pauly about the issue
that a precedent may have been set.
City Council Minutes -3- September 6, 1983
Pauly said it is fairly clear that the past practice or history of
violations does not compel a result that the violations can continue.
The City Council does not have to take that as a binding precedent. A
history of non observance of certain provisions doesn't compel that a
variance be aranted.
Redpath asked if the land exchange which had been referred to in the
materials distributed to the Council had been explored further. Feldmann
said Cronks had submitted a proposal to them in July which the Feldmanns
had countered and which had finally been rejected by the Cronks on Monday.
Feldmann noted the proposal had been based on the fair market value of
the 350 square feet of land which the Cronks would gain, the Cronks would
have assummed the cost for resurveying the land and replattino and the
fees incurred. Cronk said the survey fees were going to be $800 - $1000
and they felt this should be a shared cost. Feldmann said the fair market
value for the property would be in the vicinity of $400. Redpath said he
would like to see the parties go back and work on a solution to this problem.
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Fred Koppelman, 18890 Deerfield Trail , said his backyard backs up to the
backyards of Cronk and Feldmann. He said he has tried to determine who would
be the least inconvenienced by the variance request. He said he thinks that
the driveway should be left as it is and the variance should be granted.
Gary Thoreson �
189?0 Pheasant Circle said he felt that the layout of the
subdivision does not meet the intent of the Ordinance. He said if the vari-
ance is not issued it will not be fair to those who have the remaining unbuilt
lots; the other residents of the subdivision have had the opportunity to
place their driveways where they have desired.
Gary Nelson, 18129 Valley View Road, builder, said he was unaware of the
Ordinance and had spoken with a black-topper who has done many of the drive-
ways in the area and he, too, was unaware of any such ordinance either in
Eden Prairie or any of the other suburbs in which he works. He said this
is not an appropriate ordinance when applied to cul-de-sacs.
Cronk said he did not feel is was such a great hardship to comply with this
Ordinance; he again stated he thought the Ordinance was a good one.
Penzel asked what might be the conditions under which the variance could be
granted. Pauly said, according to the statute, the purpose is to provide
variances from the literal provisions of an ordinance in instances
where their strict enforcement would create undue hardship because of circum-
stances unique to individual property under consideration and to grant
variances when it is demonstrated that such action would be in keeping with
the spirit and intent of the ordinance. He noted that undue hardship as
used with the granting of a variance means that the property in question
cannot be put to a reasonable use if used under circumstances allowed by
the official controls.
City Council Minutes -4- September 6 , 1983
Redpath again stated he would like to see the two property owners
• attempt to settle this problem. Tangen said he would find it difficult
to approve the variance because he does not feel undue hardship has been
demonstrated. He said he felt granting of variances should be limited.
Tangen noted it might be proper to continue this matter and allow the
residents time to work things out. Anderson said he lives on a cul-de-
sac and understands the problems they pose. He said he concurs with
Tangen and Redpath and would like to see the neighbors work out their
problem. Penzel concurred.
Feldmann said since it appeared that the variance would not be granted,
he wished to have the matter continued.
MOTION: Redpath moved,seconded by Tangen, to continue the Public Hearing
to September 20, 1983, to allow the parties additional time to negotiate.
Motion carried unanimously.
B. BURGER KING RESTAURANT. Request for zoning district change from Community
Commercial to Highway Commercial for a restaurant. Location: southeast
quadrant of State Highway #5 and County Road #4. (Ordinance No. 43-83 -
zoning district change) x
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Dave Sellegren, attorney with Larkin, Hoffman, Daly & Lindgren, spoke
to the proposal . Also present were Dennis Trissler, Burger King project
development engineer, Jim Benshoof, traffic consultant, Jim Nunn, regional
construction manager, Larry Gadola , director of development, Jay Van Velzen,
area operations manager and David Pauly, district operations manager.
Planning Director Enger stated the Planning Commission had reviewed this
request at its meeting on August 8, 1983, at which time it voted to recommend
approval (4-1-0) subject to the recommendations included in the Staff report
of August 5, 1983, and the additions and amendments as noted in the Minutes
of the August 8th meeting, Enger noted this item will be reviewed by the
Board of Appeals & Adjustments at its meeting on September 8, 1983, as
a variance on exterior materials has been requested.
Redpath asked what the possibility will be for a frontage road along TH 5.
Enger said it is not likely that one would be built on the south side of
TH 5 but more likely on the north side. All individual driveway accesses
would be eliminated and would be consolidated instead.
Penzel asked if there were any right-of-way dedications being made in con-
junction with this proposal . Enger said some had been made in the past, but
he did not contemplate any now. Enger noted that Hennepin County has studied
this and feels there is adequate right-of-way.
Redpath asked if there would be a median break extended to Terrey Pine Drive.
Enger said if one were to be built it would still allow for turns onto and
from Terrey Pine Drive both east and west of C.S.A.H. 4.
There were no comments from the audience.
City Council Minutes -5- September 6, 1983
MOTION: Tangen moved, seconded by Redpath , to close the Public Hearing
r and to give 1st Reading to Ordinance No. 43-83, zoning. Motion carried
unanimously.
MOTION: Tangen moved, seconded by Redpath, to direct Staff to draft
a Developer's Agreement taking into consideration the recommendations
included in the Staff Report dated August 5. 1983, (with the exception of
1. f. ) as well as the recommendations of the Planning Commission. Motion
carried unanimously.
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Penzel requested that the radius of the right-out driveway be further
looked at to preclude someone backing into the parking. lot. Ben shoof
said this is the standard which was requested by Mn/DOT and is Mn/DOT'S
standard design. Benshoof said he would look into the matter. Penzel
asked City Staff to do likewise.
C. VACATION OF UTILITY EASEMENT: Lot 4 Block 1 Prairie East 4th Addition
Resolution No. 83-209,
Eric Anderson, property owner, asked for clarification as to what
this action would accomplish. Penzel noted the easement would be removed
since it was no Longer necessary. Director of Public Works Dietz concurred
and explained why this was necessary.
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to adopt Resolution No. 83-209. vacating the utility easement, Lot
4, Block 1, Prairie East 4th Addition. Motion carried unanimously.
D. VACATION OF UTILITY EASEMENT: Lot 8, Block 1, Edenvale 14th Addition
Resolution No. 83-210
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MOTION: Redpath moved, seconded by Anderson , to close the Public Hearing
and to adopt Resolution No. 83-210, vacating the utility easement, Lot
8, Block 1, Edenvale 14th Addition. Motion carried unanimously.
E. VACATION OF UTILITY EASEMENT: Lot 2 Block 3, Creekview Estates ;
Resolution No. 83-211
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MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing
and to adopt Resolution No. 83-211, vacating the utility easement, Lot ?
2, Block 3, Creekview Estates . Motion carried unanimously.
F. REQUEST FOR LIQUOR LICENSE FOR FIDDLER'S DELI
City Manager Jullie said notice of this Public Hearing had been published
and a positive recommendation had been received from the Public Safety
Department.
Jerry Milenberg, Eagan, area supervisor for the Fiddler's Deli , was
present to answer questions .
MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing
and to grant the request for a liquor license for Fiddler's Deli . Motion
carried unanimously.
City Council Minutes -6- September 6, 1983
V. PAYMENT OF CLAIMS NOS. 9310 - 9649
MOTION: Tangen moved, seconded by Anderson, to approve the Payment of
Claims Nos. 9310 - 9649. Roll call vote: Anderson, Redpath, Tangen and
Penzel.voted "aye." Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There wE •e no reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. TIMBER BAY MANOR HOMES by Richard Miller Homes , Inca Request for preliminary
plat of 14.8 acres into eight 8 lots. Location: Timber Lakes Drive and
County Road 4 (Resolution No. 83-215 - preliminary plat)
Jim Carver, Richard Miller Homes, addressed the request.
Planning Director Enger said the Planning Commission had reviewed this
request at its meeting on July 25, 1983, at which time it continued the
discussion to August 8, 1983, tl_� allow the proponent time to prepare a
landscaping plan which would buffer the proposal from the exisiting single
family homes. At the August 8th meeting action was continued to August
22 at which time the Planning Commission recorrynended approval subject to
the conditions included in thy! July 22, 1983, Staff Report.
Penzel asked what the intent of the developer was regarding the grading
which had been done and had left a "scar" on the northern portion of the
property. Carver said this is yet to be worked out with the City. Enger
said definite instructions, were given when this project was begun. He
said he was surprised when the grading happened -- the watershed district
was notified as well , He said he does not know what the proponent's inten-
tions are Enger said he had expected a comprehesive plan of this area
by now. Penzel asked whet the time schedule was . Mel Ford, general manager
of Richard Miller Homes , said they wi11 be coming before the City within
a month or two and hope to begin building in the Spring.
MOTION: Redpath moved, seconded by .Anderson, to adopt Resolution No.
83-215, approving the l.)reliminary plat of Timber Bay Manor Homes for
Richard Miller Homes, Inc.
Penzel asked if there will be access to the lake from these lots. Ford
said access would be via Outlot F.
Pat Benton, 7994 I s',and Road, said this is working out very well and
he recommended the City Council approve the plat.
VOTE ON THE MOTION motion carried unanimously.
City Council Minutes -7- September 6, 1983
VII1 . ORDINANCES & RESOLUTIONS
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A. 1st Reading of Ordinance No. 40-83 Zoning from Rural to Commercial
Re Tonal. Service and adoption of Resolution No. 83-202 approving the
preliminary plat for Menard's. Located east of existing Menard 's building
and adjacent to Plaza Drive.
Mary Prochaska, proponent, addressed the revised proposal .
Planning Director Enger noted the modification as requested by the
City Council . He added that the change should break up the southern
elevation of the building and has the potential to look attractive.
Prochaska asked if he might be able to do the project in two steps since
he has a prospect who is "ready to go" . Enger said this possibility had
been discussed with Prochaska by City Staff and the concensus was it would
be all right since this would be the approved plan and any additions would
have to conform to it.
Tangen said he appreciated the fact that Prochaska addressed the City
Counci 1 's concerns.
Anderson expressed concern about the materials which are displayed and
stored on the sidewalk in front of the Menard's store. He asked if some-
thing could be done to make the sidewalk useable to pedestrians . Penzel
said the City Code includes a provision covering outside display of promo-
tional materials. Enger said this amounts to 10% of the floor area which
can be used for outdoor displays. Prochaska said he would check on this
tomorrow to make certain Menard' s is in conformance. Penzel said it was
his thought that, given the present ordinance, there is nothing the City
can do at this time to rectify the situation. City Attorney Pauly said
the present ordinance would have to be modified if Anderson's concerns
were to be addressed.
MOTION: Redpath moved, seconded by Tangen, to give 1st Reading to Ordinance
No. 40-83. Motion carried unanimously. f
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-202,
approving the preliminary plat for Menard's. Motion carried unanimously.
MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a
draft summary Resolution of approval per Commission and Staff recommenda-
tions including reference to the sidewalk in front of Menard's and the
condition that it be cleared for use by "cross-traffic. " Motion carried
unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
MOTION: Redpath moved, seconded by Tangen, to adopt a Resolution
C wishing Councilman George Bentley a happy birthday. Motion carried
unanimously.
City Council Minutes -8- September 6, 1983
Anderson expressed concern about the outside display of materials
' such as was previously discussed regarding Menard's. He said he
was not satisfied with how this is presently handled. Penzel said
the Council can request Staff to investigate the matter further.
MOTION: Anderson moved, seconded by Tangen, to refer the matter
of outside display of materials to Staff for study and recommendations.
Motion carried unanimously.
B. Report of City Manager
1. Receipt of Draft 1984 City Budget
City Manager Jullie distributed copies of the Draft 1984 City
Budget to members of the City Council .
MOTION: Redpa th moved, seconded by Anderson, to hold a Special
Meeting of the City Council on Tuesday, September 13, 1983, at
7:30 p.m. to discuss the 1984 City Budget. Motion carried unanimously.
Councilman Tangen noted he will be out of town on September 13th
but would like to have information on what happens at that meeting
prior to the Council meeting on September 20th.
There was discussion as to space needs in City Hall . City Manager
Jullie noted the School Board has offered the use of the Board Room
on Mondays and Tuesdays should the Council so desire.
MOTION: Anderson moved, seconded by Redpath, to hold the Special
Meeting of the City Council scheduled for 7;30 p,m, on Tuesday,
September 13, 1983, in the Board Room of the School Administration
Building at 8100 School Road. Motion carried unanimously.
C. Report of City Attorney
City Attorney Pauly stated he had furnished members of the Council with
copies of a court order which issued a temporary injunction on Terry Douglas
enjoining him from further grading or land alteration. This order provides
for grading only for purposes of restoration or control of erosion which
might occur. It also requests that the Chief Judge assign the matter for
an early trial. f
Pauly said he has followed up on the Supreme Court ruling regarding campaign
signs. He said he has been advised this will be on for oral arguments on
October 12th or 13th. He said he will be monitoring this decision and hopes
it will set forth more definitive guide lines on local authority regulations.
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City Council Minutes -9- September 6, 1983
D. ' Report of Director of Public Works
. 1. Award 1983 Seal Coat Project (Resolution No. 83-216)
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution
No. 83-216, accepting the bid for I.C. 52-055, Seal Coat Project
for 1983. Roll call vote: Anderson, Redpath, Tangen and Penzel y
voted "aye." Motion carried unanimously.
X. NEW BUSINESS
There was none.
X1. ADJOURNMENT
MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at
9: 52 p.m. Motion carried unanimously.
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