Loading...
HomeMy WebLinkAboutCity Council - 09/04/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 4, 1984 7: 30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jul lie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael a INVOCATION: Mayor Wolfgang H. Penzel a PLEDGE OF ALLEGIANCE ROLL CALL: all members were present., I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was moved from the regular Agenda to the Consent Calendar: V_I_I . A. became III . G. CSAH 62 (Crosstown) Plan Approval. �.. l The following item was added to the Agenda: V I I I. A. Bentley - Request by Mrs. McGowan. _ MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. CONSENT CALENDAR A. Clerk' s License List B. Approve and authorize submission of Joint Cooperation Agreement for parti ci- pa�t-ion in the Urban Hennepin County Community Development Block Grant program for Federal Fiscal years 1985, 1986, 1987 Resolution No. 84-226j— C. 2nd Readinq of Ordinance No. 53-84, amending City Code Section 11.70, Subd. 3. A. &Subd. 5. E. regarding non-accessory signs , including violations and fines, appeals & variances,_ especially with respect to campaign signs D. 2nd Reading of Ordinance No. 56-84, amending City Code Chapter 9, Section 9.40, Firearms Regulations I City Council Minutes -2- September 4, 1984 E. Final Plat, Rymarland Camp-Kurver's Addition (Resolution No. 84-238) F. PRAIRIE KNOLL, by Hestia Homes, Inc. 2nd Reading of Ordinance No. 102-84- PUD-8-84, zoning district change from Rural to R1-9.5, approval of Develop- er's Agreement for Prairie Knoll , and adoption of Resolution No. 84-228, approving Summary of Ordinance No. 102-84-PUD-8-84 and ordering the publi- cation of said Summary of Prairie Knoll . 54 single family residential units on 24 acres . Location: northwest quadrant of Valley View Road and Edenvale Boulevard. G. CSAH 62 (Crosstown) Plan Approval (Resolution No. 84-239) - moved to the Consent Calendar - formerly was item VII . A. City Manager Jullie noted that there were some concerns on the part of the City regarding the berming for Carmel Addition. The County Engineering Department had agreed to provide for screening and will look at this prior to the actual awarding of bids which will be sometime in December. City Attorney Pauly noted that a revised Section 9.40, Subd. 3. B. providing for fees will be provided for in the Fees Resolution. (Re: II. D. ) MOTION: Bentley moved, seconded by Anderson, to approve items A - G on the Consent Calendar as amended. Motion carried unanimously. III . PUBLIC HEARINGS A. CITY CODE AMENDMENT to Section 11.70 to regulate signs at the Flying Cloud Airport, 1st Reading. (Continued from 5/15/84) City Manager Jullie noted this item was continued from the May 15, 1984, meeting of the City Council . Planning Director Enger stated this amendment had been reviewed by the Planning Commission and the Commission had voted to recommend approval as per the Planning. Staff memo of August 31, 1984, which was included in the Council packet. Bob Gartner, member of the Flying Cloud Airport Advisory Commission and Eden Prairie resident, reviewed the make-up of the Committee and addressed the reasons for the amendment. He explained the two versions of the Ordinance, Planning Director Enger indicated the Planning Commission had reviewed this at its August 27 , 1984, Meeting and had recommended approval of the second version. City Council Mli nutes -3- September 4 , 1984 Gartner said the question of enforcement has been raised. He said the businessmen at Flying Cloud would like to cooperate and don' t foresee any problems with the businesses that are there now. Bentley said he thought the Flying Cloud Airport Advisory Commission had done a good job and he felt that the Metropolitan Airports Commission and the businessmen should also be thanked for their cooperation. Enger said he would like to have time between the 1st and 2nd Readings to look into enforcement procedures. He said these regulations would apply to commercially licensed buildings which are controlled by MAC. r MOTION: Bentley moved , seconded by Redpath , to close the Public Hearing and to give 1st Reading to Ordinance No. 114-84 (version 2) , regulating signs at Flying Cloud Airport. Motion carried unanimously. B. Fall 1984 Special Assessment Hearin (Resolution No. 84-219A) - Tcont�nued from Bl28/&4- i City Manager Jullie noted this item was continued from the August 28, 1984, Council Meeting. Jullie said Staff would recommend reducing the w assessment for tree removal against the Carey property in half from $485 to $242.50, adopt the assessments on the Hustad properties, and continue the hearing on the Faulk 's tree assessment and the trunk sewer and water assessment against Crescent Ridge. City Attorney Pauly reviewed discussions with attorneys for the various parties which had taken place since the last meeting. ' Director of Public Works Dietz stated he had met with attorneys for the Hustads and they wish to keep their options open by leaving their appeals as presented at the last meeting. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-219A and to continue action on the Crescent Ridge assessment for trunk sewer and water and the Faulk's tree assessment to the September 18, 1984, meeting of the City Council . Motion carried unanimously. C. Request for Multi-family Housing Bonds in the amount of $6,000 000.00 for Eames Partnership Resolution No. 84-225)__'CContinued from 8/28/84 City Manager Jullie noted this item was continued from the August 28, 1984, Council meeting. David Ames addressed the proposal . Bentley asked what the City' s standing is regarding low and moderate income housing. Planning Director Enger stated the Metropolitan Council has indicated the City should have 790 units by 1990. He said the City now has 61 housing units for the elderly. He indicated the City' s goals will not be exceeded with this project. �1. City Council Minutes -4- September 4 , 1984 Bentley asked if the location of the proposed project could justify this r type of housing in regard to low income and handicapped -- is it near 1� shopping and transportation. Enger said this project is more for moderate income residents. } There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 84-225, adopting a program, and giving preliminary approval to a development and its financing, under Minnesota Statutes, Chapter 462C and authorizing submission of the program to the Minnesota Housing Fi Finance Agency for review and approval . Motion carried with Bentley �� �. voting no. D. Request for Municipal Industrial Development Bonds in the amount of $11 ,675,000.00 for Reynolds Printing Resolution No. 84-223 continued ` from 8%28/884T City Manager Jul l i e indicated this request had been continued from the August 28, 1984, meeting of the City Council . Tony Feffer, Investment Services Group, Inc . , addressed the request. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-223, relating to the authorization and issuance of revenue bonds of the City under Minnesota Statutes, Chapter 474, for the purpose of financing a project thereunder; giving preliminary approval and making an allocation with respect to the project and authorizing an application by the City to the Minnesota Department of Energy and Economic Development. Motion carried unanimously. E. VALLEY LAKE BUSINESS CENTER, by GSB Investments. Request for Comprehensive Guide Plan change frown Low Density Residential and Undesignated to Office/ Industrial ; zoning district change from Rural to I-2 for 4.4 acres for a 50,000 sq. ft, officejindustrial building (with variances) ; and preliminary plat of 10.63 acres into one lot and one outlot. Location: east of Prairie Center Drive , south of Valley View Road, along the northwest sivore of Smetana Lake. (Resolution No. 84-235 - Comprehensive Guide Plan Amendrnent from Low Density Residential to Office; Ordinance No. 103-84 - rezoning; and Resolution No. 84-236 - preliminary plat) City Manager Jul 1 i e said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Gerald Portnoy, proponent, addressed the request. City Council Minutes -5- September 4, 1984 Planning Director Enger stated this request had been reviewed by the Planning Commission at its meeting on August 13, 1984, at which time it voted to recommend approval subject to the recommendations included in the Staff Report of August 10, 1984. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its last meeting at which time it voted to recommend approval subject to the conditions in- cluded in the August 10, 1984, Planning Staff Report and with the provision s that a 20' wide trail easement be dedicated at the 840'contour connecting to the City' s north-south trail and that a scenic easement be granted to the south to Smetana Lake. z Bentley asked what would happen if the Council decided to zone this parcel to office rather than to I-2 Park. City Attorney Pauly said the Hearing had not been published for such a change. Bentley asked which would carry more weight, zoning or a Guide Plan change. Pauly said the Guide Plan change would because it essentially provides the development control . A discussion ensued as to whether office or industrial would be the appro- priate type of designation/zoning . Anderson noted that Lee Data, Wilson Ridge, etc. all have trails. He asked if the City had any plans showing these trails and their core lecti ons . Lambert said there is a trails map which does show the trails in this area. 9 Bentley asked if the question of easements to the Kosteka property been answered. Portnoy reviewed the problem and how it has been addressed. { Gary Kosteka, 10805 Valley View Road, said he is concerned about selling his easement as he would still like to be able to have access onto Valley View Road. Enger said Staff had recommended joint driveways for these two landowners. Kosteka indicated this met with his approval . Pat Kosteka , 10805 Valley View Road, said she thought this was a nice project. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 84-235, amending the Comprehensive Municipal Plan_ Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to. Ordinance No. 103-84, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 84-236, approving the preliminary plat of Valley Lake Business Center for GBS Invest- ments . Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement subject to the recommendations of Commissions and City Council Minutes -6- September 4, 1984 Staff. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare preliminary guidelines for an office/service zone for review by the Planning Commission and the City Council. . Motion carried unanimously. Anderson said he felt it was time for the Council to meeting with the Planning Commission to review the office/tech zone as well as the 9.5 zone. He said Staff should suggests possible dates for such a meeting. F. LANDMARK WEST, by Landmark Northwest, Inc. Request for Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial ; Planned Unit Develop- ment Concept Amendment; zoning district change from Rural to Neighborhood Commercial (with variances) , and preliminary plat of 7.29 acres for service uses (retail , 200-seat restaurant, health club, fast food restaurant,and gas station/convenience store. ) Location: southeast corner of Shady Oak Road and City West Parkway. (Resolution No. 84-229 - Comprehensive Guide Plan Amendment from Office to Neighborhood Commercial ; Resolution No. 84-230 - Planned Unit Development Concept Amendment, of City West PUD; Ordinance No. 104-84 - rezoning; and Resolution No. 84-231 - preliminary plat) City Manager Jul lie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. John Uban, representing the proponent, addressed the proposal . Also present was Paul Dahlberg, architect with Korunsky, Krank & Erickson. Planning Director Enger indicated the Planning Commission had considered this request at four different meetings. At its meeting on August 13, 1984, the Commission voted to recommend approval of the requests subject to the recommendations included in the June 8, 1984, and August 10, 1984, as amended by the Commission- Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its second meeting in August at which time it voted to recommend approval subject to the recom- mendations included in the Planning Staff reports. Bentley said he felt this was a major change in the plan which had been proposed as a concept. He said he felt the City Council should only take action on the Guide Plan Amendment; it should defer action on the remaining portion of the request until a later date. Redpath concurred and called attention to a letter dated August 13, 1984, regarding rezoning of the City West property which was received from the Uherkas. This letter noted that this was a considerable change from what had first been proposed. Redpath said he felt the properties west of Shady Oak Road should be given some consideration as to overall use. i City Council Minutes -7- September 4, 1984 Tangen said he felt the Council should only discuss the Guide Plan Amendment. Uban said the developer would like to begin construction as soon as possible. He said they have worked through the process over a period of time and he said they would like to have the City Council act on all the elements of the request this evening. Bentley noted that the City Council is the final determining body as to Guide Plan changes. He said he was not unsympathetic with the time problem but stated the Council has a responsibility to the residents of Eden Prairie to do the best job it can. MOTION: Bentley moved, seconded by Tangen, to limit discussion to consideration 3. of the Guide Plan Amendment change only this evening and to continue action on the remainder of the request to a later date. Redpath said he would like to have that sector of the City looked at again. Penzel said he would concur; he would like to see this referred back to the E Planning Commission for a sector review. Penzel said he would like to see a review of the land uses as they were originally proposed by the Guide Plan in this area. Bentley said he thought the plan seemed to be well conceived but he felt there were extenuating circumstances which needed further review. VOTE ON THE MOTION: Motion carried unanimously. Redpath said he was tired of having all these Guide Plan changes come before the Council. MOTION: Redpath moved, seconded by Anderson, to refer this request back to Staff for a Sector Study followed by review by the Planning Commission. Tangen said he would vote "no" on the motion as there was no one in the audience speaking for this. Jannn noted there is no neighborhood-type commercial-service facility ts area of the City and something like this is needed and necessary. He said he felt there was merit in this proposal and that a Guide Plan change was warranted. He said he would like to look at the other uses in the proposal in more detail , but would support a Guide Plan change at this time. Penzel asked Enger how long a sector study would take. Enger said it could be done very quickly because Staff had developed material in this area for the Carmel development and had material readily accessible for City West. He said a study could be completed in time for presentation at the next City Council Meeting. Bentley said he was concerned about the relationship of this project and how it was originally conceived. City Council Minutes -8- September 4, 1984 Ken Biersdorf, representing the Uherkas, had a question regarding the r Guide Plan and what effect the changes might have on the ultimate use l of the Uherka `s property. Enger said he thought it would be looked at from the standpoint of City West and the surrounding uses. He said he thought the Uherka parcel would be designated an office-use parcel . Enger stated that this would have to be looked at as to the impact -on , the area of additional office uses in regard to the traffic situation. He said the use of that parcel could be office or office/commercial . He said residential use would still be retained on the west side of the road and that nothing would be done to adversely affect the residential potential . a VOTE ON MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to continue acticn on this Public Hearing to the September 18 , 1984, Meeting of the City Council . Motion carried unanimously. G. BLUFFS WEST 3RD ADDITION, by The Bluffs Company. Request for zoning district change from Rural to R1-13.5 for approximately three acres and preliminary plat of 14.3 acres into 20 single family lots. Location: north of Burr Ridge Lane, south of Purgatory Creek. (Ordinance No. 105-84 - rezoning and Resolution No. 84-232 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Wally Hustad, Jr. , proponent, addressed the proposal . Planning Director Enger stated this item had been reviewed by the Planning Commission at its July 9, 1984, meeting at which time it was referred back to the proponent for. revision. At its August• 13, 1984, meeting, the Commission reviewed the revised plans and voted to recommend approval subject to the recommendations included in the August 10, 1984, Staff Report as well as those in the July 7, 1984, Staff Report. Director of Conununity Services Lambert noted that the Parks , Recreation & Natural Resources Commission had reviewed this at its August 6, 1984, Meeting and had voted to recommend approval subject to the recommendations included in the Planning Staff Reports. Lambert asked if the proponent was intending to dedicate the outlot to the City or whether this was an easement. Hustad said this would be dedicated to the City as a gift and would not be in lieu of cash park fees. Anderson asked if there was any public access to these outlots. Lambert indicated there is access to one of them. He further explained how the outlots would be connected. Redpath asked how the City would control individually graded lots. Enger said that is very difficult to control ; he reviewed some of the problems which have occurred and means by which the City might have more control of these situations. Anderson asked if these methods would be enforceable. City Attorney Pauly assured him they would be since bonding would be included. City Council Minutes -9- September 4, 1984 Bentley asked if the proposed drainage plans would meet the needs of the development. Director of Public Works Dietz said it would. Jerry Hegge, 10015 Pioneer Trail , said he was concerned about the traffic patterns in the neighborhood. -He said nothing has been. done with the inter- section of County Roads 1 and 18; no capacity has been added to these roads. He stated that every 10-20-30 houses adds more and more cars. Dietz said the City Council has approved an agreement with Hennepin County to help defer the cost of signals at County Roads 1 and 18; he indicated he would check further into the progress on that. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 1084-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-232, approving the preliminary plat of Bluffs West 3rd Addition, for the Bluffs Company. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations and including the dedication of the outlot to the City (as a gift by the developer. ) Motion carried unanimously. H. BLUFFS WEST 5TH ADDITION, by The Bluffs Company. Request for zoning district change from R1-22 to R1-13.5 for 14. 5 acres, and preliminary plat of 14.5 acres into 32 single family lots, Location: south of River- view Road, east of West Riverview Drive. (Ordinance No. 106-84, zoning and Resolution No. 84-215 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Wally Hustad, Jr. , addressed the request. Also present was Floyd Erick- son, of RCM, who addressed the drainage problems. Director of Planning Enger stated this request had been reviewed by the Planning Commission at its meeting on July 9, 1984, August 13, 1984, and August 27, 1984. At the August 27 th meeting, the Commission voted to recommend approval subject to the Staff Report of August 24, 1984, with the provision that no development of the area should be allowed until a drainage plan has been considered. Director of Public Works Dietz indicated there had been no attempt on the part of The Bluffs Company to pay for all the improvements necessary to improve the drainage. He stated there will be costs assessed to others in the area for these improvements _ _ t City Council Minutes -10- September 4, 1984 Director of Community Services Lambert said this request had been reviewed by the Parks, Recreation & Natural Resources Commission at its meeting on August 6, 1984. It recommended approval subject to the recommendations included in the Planning Staff Report and with the addition of an 8' asphalt trail. on the south side of Riverview Road to connect with the existing trail system. z Redpath asked about the temporary ponding of water and the cost of doing that -- would it not be better to pay for a solution now rather than later. Dietz said that, hopefully, by the 2nd Reading the City will come to a final solution of this drainage problem; we will know the range of the cost. Brendan O'Donnell , 11590 Riverview, submitted a petition signed by 100X of the residents requesting the City to not adopt this proposal . (The petition is attached to these Minutes . ) Regis Betsch, 11941 Pendleton Court, said the buyers of the lots on the north side of the street paid a premium for the lots because the lots were zoned R1-22 and therefore would be facing homes on larger lots. Gayle Diehl , 10530 West Riverview, said the Planning Commission had seen an overlay in which there were 29 lots designated. Dr. James Diehl , 10530 West Riverview, noted the importance of transition in this area; there should be a variety of housing-types available in Eden Prairie and this area could be one of large lots just as those to the north. He noted the importance of having an area such as this available to those who live in the area and wish to have larger homes in the same neighborhood so as to maintain the same type of life style. He said it was his feeling that the temporary ponds are just an attractive nuisance. Diehl referred to two letters which were sent by him to the City Council . (July 2, 1984, and August 13, 1984, which were included in the Council packet. ) He said he did not wish to have to pay for sewer and water which he did not want or need. Charles Koshenina, 10541 Riverview Drive, stated he did not wish to have to pay for streets, gutters, sewer and water which he did not need or want. He said this would amount to a subsidy for this development and the developer. Hustad stated The Bluffs Company, did not intend to have the residents pay for sewer and water unless they were hooking up to it; he said The Bluffs Company would pay for the street improvements, Redpath noted that when a resident's sewer system fails then that resident is liable for the sewer access charge and not before that time. City Council Minutes -11- September 4, 1984 Jullie stated The Bluffs Company is expecting to be reimbursed for any resident who might hook up at a later date. Bentley said he did not feel an adequate transition had been addressed. Redpath said sewer and water costs keep rising; he noted that, in the past, the Council and Staff have said that like or similar frontages should be across from each other. He said he did not know what the transition would be in this area. Bentley concurred and stated he had a problem with an adequate transition. Tangen said he felt there were too many inconsistencies. MOTION: Tangen moved , seconded by Bentley, to continue the Public Hearing to October 2, 1984, and to instruct Staff to work out details such as the drainage, the number of lots, and who will pay for the streets and utilities. Motion carried unanimously. I. BLUFFS EAST 3RD ADDITION, by The Bluffs Company. Request for zoning district change from Rural to R1-13.5 for 9.63 acres , and preliminary plat of 9.63 acres for 29 single family lots. Location: west of Franlo Road, south of Lee Drive. (Ordinance No. 107-84 - zoning and Resolution No. 84-234 - preliminary plat) City Manager Jul 1 ie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Wally Hustad, Jr. , representing the proponent, addressed the proposal . Planning Director Enger indicated this request had been reviewed by the Planning Commission at its meeting on August 13, 1984, at which time it voted to recofrinend approval subject to the recommendations included in the August 10, 1984, Staff Report. $ Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this request at its meeting on August 6,. 1984, at which time it voted to recommend approval subject to the recommenda- tions included in the Planning Staff Report. Jerry Hegge, 10015 Pioneer Trail , expressed concern about the grading plan, Enger said the grading would be characterized by 20' cuts and 20' fills; he indicated there were many areas in which grading of this type had been done. rt MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 107-84, Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 84-234, approving the preliminary plat of Bluffs East 3rd Addition for The Bluffs Company. Motion carried unanimously. City Council Minutes -12- September 4, 1984 MOTION: Anderson moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations and with consideration being given to minimizing the grading in the area . r Motion carried unanimously. t J. FEASIBILITY REPORT for Eden Road and Singletree Lane, I.C. 52-011. Resolution No. 84-240) City Manager Jul l i e reported that notice of this Public Hearing was published i and property owners listed on the preliminary assessment rolls for this project had been notified. Director of Public Works Dietz reviewed the details of the proposed improvements and estimated assessment costs. Penzel asked how assessments of this type on single family homes were handled. Dietz said the payments were deferred until the homes were sold and/or the property was developed. Bentley asked if there was money available at this time for the construction of four lanes of Singletree Lane. Jull ie said there might be some money available via the capital improvements program. He said it would be best to construct that now to contain the costs. Claire Kooiman, 7936 Eden Road, said she objected to the segment between Eden: Road and Singletree lake which is presently a dirt road. Penzel said he could sympathize with Kooiman but it was his feeling that that whole portion of the City would be developing sooner rather than later. Tangen asked if there was any differentiation in the manner in which commercial properties were assessed as opposed to single family homes. Dietz said there were no proposed differences in the rates assessed. He noted that the area is considered "land in transition" and the roads have been designed with that in mind. Tangen asked if the City, by virtue of this project, is forcing people out and said he was bothered by this. Bentley said variations in the deferral process might be considered and looked into. He suggested that the Council look into placing a "cap" on the amount of interest on special assessments. Anderson asked if that would put the City in a difficult position. Jullie said if there were a large number of parcels involved it might, MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. deadline to 12:30 a.m. Motion carried unanimously. _.. - _ ;, City Council Minutes -13- September 4, 1984 Dietz called attention to a letter dated August 28, 1984, from Bruce C. Bermel and John K. Teman. MOT ION: Bentley moved, seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 84-240, ordering improvements and preparation of plans and specifications for I .C. 52-011 , Eden Road and Si ngl etree Lane streets and utilities including a 42" pipe and Singletree Lane to be constructed as four lanes. Motion carried unanimously. K. TREANOR ADDITION ty Guy J . Treanor, Request for preliminary plat of 0.734 acres into two lots for residential development. Location: 16135 Valley View Road. (Resolution No. 84-214 - preliminary plat) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Guy Treanor, proponent, addressed the request. Mary Lahti , owner of property to the west, speculated that this division of property would lessen the value of his property. i Planning Director EngEr noted the Planning Commission had voted to recommend approval of the preliminary plat. MOTION: Redpath moved , seconded by Tangen , to close the Public Hearing and to adopt Resolution No. 84-214, approving the preliminary plat of Guy Treanor. Motion carried unanimously. L. T,E, F_R.A. HEARING on the Thomas Hotel IDR Project in the amount of $9,170,000.00 (Resolution No. 84-237) City Manager Jul 1 i e stated noti ce of thi s Publ i c Heari ng had been publ i shed. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-237, extending public approval previously given to a project under the Municipal Industrial Development Act. Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS . 15718 - 15829 MOTION: Anderson moved, seconded by Bentley, to approve the Payment of Claims Nos. 15718 - 15829. Roll call voter Anderson , Bentley, Redpath, Tangen and Penzel voted "aye. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS There were no reports . J City Council Minutes -14- September 4, 1984 VI. ORDINANCES & RESOLUTIONS A. Woodpile Ordinance Director of Community Services Lambert called attention to his memorandum of August 29, 1984, in which this issue was addressed. He said the Parks, Recreation & Natural Resources Commission had reviewed this at its meeting on July 10, 1984, and again on August 6, 1984. It was the recommendation of the Commission that there be no ordinance regulating woodpiles. Anderson said he was aware of Bloomington's ordinance regulating construc- tion equipment, trailer homes and woodpiles . He said he felt this would become more of a problem as Eden Prairie gets bigger. He said he would like a definition of what constitutes a nuisance. i Jack Van Remortel , 16031 Summit Drive, said there are rules and regulations in place now which can take care of the problem; these should be made known_ Penzel asked if there was any provision in the zoning ordinance which would prohibit storage in the front yard. Planning Director Enger said accessory structures are not allowed in the front yard. Bob Mavis , 6620 Lochanburn Road, said he was concerned about the elm wood stacked on City right-of-way in his neighborhood. He said he felt the City is asking for a long-term problem. Bentley said he felt the issue is not one of woodpiles but one of clutter and attractive nuisances. He said he felt there should be some controls on not having piles neatly stacked and not having the piles fronting on streets. Penzel suggested the City Attorney be directed to bring a definition of an attractive nuisance back to the Council . Claude Johnson, 8741 Meadowvale, said he supported the recommendation of the Parks , Recreation '& Natural Resources Commission. He said he felt there would be more problems created if there were regulations as to what people can and cannot do. MOTION: Tangen moved, seconded by Bentley, to not pursue a woodpile ordinance and to request City Attorney Pauly review the present Ordinances of the City as to what can be done to eliminate nuisances and/or to recommend what might be needed in this area. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. CSAH 62 (Crosstown) Plan Approval (Resolution No. 84-239) This item was moved to the Consent Calendar as item III. G. City Council Minutes -15- September 4, 19a4 VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - Request by Mrs. McGowan - Director of Public Works Dietz explained the situation in the Amsden Way area in which Mrs. McGowan lives. McGowan had expressed her displeasure with what has and has not been done by the City relative to a drainage/run-off problem. Dietz said the City had intended to put in a catch basin at the rear lot lines but that was not possible. The City is now in the process of correcting the drainage problem and McGowan wants to have the backyards put in an acceptable state. Dietz explained the problems the City was experiencing in getting easements from the property owners (McGowans and Richs) and indicated what was being done under the circumstances under which the City crews had to operate. The consensus was that Staff had done the best that it could under the circumstances. Redpath suggested Staff be instructed to start the rezoning process for Richard Miller as outlined in Planning Director Enger's memorandum. a B. Report of City Manager There was discussion as to possible dates to hold a budget hearing. City Pianager Jullie will see if the School Boardroom is available for such a hearing on Tuesday, September 25, 1984, at 7: 30 p.m. City Manager Jullie indicated Dick Putnam, Tandem Corporation, had requested in a letter to have the request regarding Muirfield on the September 18, 1984, Council Agenda. The consensus was that this had been continued to a "date certain" by the Council and would have to be acted upon at that time. C. Report of Director of Community Services 1. Purgatory Creek Recreation Area Master Plan and Recommendation Director of Community Services Lambert noted his memorandum of August 17, 1984, in which the request to authorize approaching the Riley- Purgatory Creek Watershed District with a proposal to determine the cost of a study of the Purgatory Creek Recreation Area Drainage Plan was outlined. MOTION: Tangen moved, seconded by Anderson, to approve the Staff recommendation outlined in Director of Community Services Lambert' s memorandum of August 17, 1984. Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Anderson moved, seconded by Bentley, to adjourn the meeting at 12 :40 a.m. Motion carried unanimously.