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HomeMy WebLinkAboutCity Council - 06/02/1987 A G E N D A EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 2, 1987 IMMEDIATELY FOLLOWING BOARD OF REVIEW MEETING, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Barris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1987 III . CONSENT CALENDAR A. Clerk's License List B. BRYANT POI ANTE by Jyl and Development, Inc. 2nd Reading of Ordinance No. 19-87, Rezoning from Rural to RI-13.5; Approval of Developer's Agreement for Bryant Pointe; and Adoption of Resolution No. 87-130, Authorizing Summary of Ordinance No. 19-87, Authorizing Summary of Ordinance No. 19-87 and Ordering Publication of Said Summary. 20.7 acres into 28 single family lots. Location: Southeast corner of Hennepin County Highway 62 and Rowland Road. C. Final Plat Approval for Bryant Pointe S.E. Corner of Rowland Road and CSAH 62 Resolution No. 87-133 D. Approve Bid for Sidewalk/Trail Sweeper E. Resolution adding streets to the Municipal State-Aid Route S stem M AS Resolution 87-127 F. Final Plat Approval for J b L Addition South of Blossom Road, east of Bennett Place Resolution No. 97`-T3-4 G. Receive petition and adopt Resolution requesting speed study on Rowland Road (Resolution No. 87--TY5T H. Receive petition for drains a improvements for the area south of CSAH a1 nd West of C AH l and authorize preparation of a feasibility study, I.C-.-'92--3T3-Reso u—tion No. 7-1367- I. Approve plans and specifications for _S_h_a_d�y Oak Ridge Utilities s and authorize bids to be received,-1 .C. 52- 9 Resolution No. 87-137 City Council Agenda - 2 - Tues. ,June 2, 1987 J. Approve Plans and Specifications for Bennett Place and Blossom Road Street and Utility Im rovements, I.G. 52-105 and Authorize Bids to be Received Resolution No. 8�� K. Approve Plans and Specifications for Nemec Knolls, I.C. 52-121, and Sunnybrook Road Street and Utility Improvements west of Homeward Hills Road I.C. 52-109 and Authorize Bids to be Received Resolution No. 87- 39 L. Resolution No. 87-147, Approving Final 1986 City Budget IV. PUBLIC HEARINGS A. BLOSSOM RIDGE ADDITION by G. W. Pearson. Request for Zoning District Change from R1-22 to R1-13.5 on 3.07 acres, Preliminary Plat of 3.07 acres into 5 single family lots and road right-of-way. Location: South of Blossom Road, east of Bennett Place. (Ordinance No. 15-87 - Rezoning; Resolution No. 87-86 - Preliminary Plat) Continued from April 21, 1987 B. THE RIDGE 3RD ADDITION by Dirlam Development. Request for Zoning District Change from Rural to R1-13.5 on 3 acres, and from R1-22 to R1-13.5 on 3.36 acres, with variances to be reviewed by the Board of Appeals, Preliminary Plat of 24.1 acres into 13 single family lots. 1 outlot, and road right-of-way. Location: North of Highway #5, south of Eileen Street, west of Kilmer Avenue. (Ordinance No. 25-87 - Rezoning; Resolution No. 87-112 - Preliminary Plat) C. JAY WALLACE ADDITION by Jay Wallace. Request for Zoning District Change from Rural to R1-13.5 on 1.23 acres, Preliminary Plat of s 1.43 acres into 2 single family lots and road riqht-of-way. Location: East of Franlo Road, north of Laurel Drive. ? (Ordinance No. 26-87 - Rezoning; Resolution No. 87-131 - Preliminary Plat) 0. PRAIRIE BLUFF SUBDIVISION by Cardarelle b Associates, Inc. Request for Zoning District Change from Rural to R1-13.5 on approximately 7.4 acres and Preliminary Plat of 8.5 acres into 4 17 single family lots, 2 outlots, and road right-of-way. Location: South of Pioneer Trail , west of County Road 18, east of Franlo Park. (Ordinance No. 27-87 - Rezoning; Resolution No. 87-132 - Preliminary Plat) V. PAYMENT OF CLAIMS VI. ORDINANCES b RESOLUTIONS A. ANDERSON'S GARDEN SHOPPE by Don C. and Rita L. Anderson, and H. J. Nyhammer. Request for Comprehensive Guide Plan Change from Low Density Residential to Neighborhood Commercial on 1.01 acres, Zoning District Change from C-Com to N-Com on 0.7 acres and from R1-22 to N-Com on 0.31 acres to be known as Lill Red. Also Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 1.27 acres and Zoning District Change from R1-22 to C-Can on 1.27 acres City Council Agenda - 3 - Tues. ,June 2, 1987 and from R1-22 to R1-13.5 on 1 .86 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 3.1 acres into 6 lots and road right-of-way to be known as Anderson's Garden Shoppe. (Lil ' Red: Resolution No. 87-144 - Comprehensive Guide Plan Amendment to Neighborhood Commercial; Ordinance No. 28-87 - Rezoning to Neighborhood Commercial . Anderson' s Garden Shoppe: Resolution No. 87-145 - Rezoning to Community Commercial; Resolution No. 87-146 - Preliminary Plat) VII. PETITIONS, REQUESTS b COMMUNICATIONS A. Request from Alton Lundgren, Eden Prairie Family Physicians, and surrounding neighborhood to aDveal a decision of the Board of Adjustments and Appea s, at the next regu-f ar-s h-ed� City Council meeting, regarding Variance Request #87-17. B. GOPHER LANE DIVISION by Patrick G. Bauer. Request for Preliminary Plat of approximately 1.5 acres into 3 single family lots. Location: West of Staring Lane. (Resolution No. 87-141 - Preliminary Plat) C. TIMBER CREEK FOODS 3RD ADDITION by Builders Development and Finance. Request for Pre urinary Plat of 1.34 acres into 6 single family lots. Location: East of Mistral Lane and South Manor Road. (Resolution No. 87-142 - Preliminary Plat) VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS b COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services F. Report of Director of Public Works 1. Joint Resolution with Bloomington regarding CSAH 18 Resolution No. 87-138) XI . NEW BUSINESS XII . ADJOURNMENT ti f APPROVED MINUTES ^ EDEN PRAIRIE CITY COUNCIL TUESDAY , JUNE 2 , 1987 7 : 30 P.M. , CITY HALL COUNCIL CHAMBERS 7500 Executive Drive COUNCIL MEMBERS : Mayor Gary Peterson , Richard Anderson , George Bentley, Jean Harris , and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the City Manager Craig Dawson , City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Linda Jacobson PLEDGE OF ALLFGIANCE ROLE, CALL : Councilmember Bentley was absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS h The following item was added to the Agenda: M. EDEN PRAIRIE ENTER`1'AINMENT CENTER by Brody Associates , Inc. , 2nd Reading of Ordinance No. 18-87-PUD-4-87 , Rezoning from Rural and within C-Reg-Ser to PUD-4-87-C-Reg-Ser; Approval of Developer ' s Agreement for Eden Prairie Entertainment Center ; and Adoption of Resolution No. 87-129 , Authorizing Summary of Ordinance No. 18-87-PUD-4-87, and Ordering Publication of said Summary. 15 . 2 Acres , Planned Unit Development District Review with Variances, 6 .42 Acres into One Lot for Construction of a Theater/Restaurant Complex. Location: Southwest quadrant of Eden Road and Glen Lane. MOTION: Anderson moved , seconded by Pidcock , to approve the Agenda and Other Items of Business , as amended and published. Notion carried unanimously. II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY , MAY 5 , 1987 The following item was changed: Page 18 , Paragraph 5 , to read as follows : "Pidcock said every closer before a closing goes through automatically checks with the City Assessing Department for any pending assessments because there is a liability there. " MOTION : Pidcock moved, seconded by Anderson , to approve the Minutes of the Regular City Council Meeting held on May 5 , 1987 as published . Motion carried with Harris abstaining. City Council Minutes -2- June 2 , 1987 III . CONSENT CALENDAR A. Clerk ' s License List B . Bryant Pointe by Jyland Development , Inc . 2nd Reading of Ordinance No. 19-87 , Rezoning from Rural to R1 -13 . 5 ; Approval of Developer ' s Agreement for Bryant Pointe; and Adoption of Resolution No. 87-130 , Authorizing Summary of Ordinance No. 19-87, Authorizing Summary of Ordinance No. 19-87 and Ordering Publication of Said Summary. 20. 7 acres into 28 single family lots. Location : Southeast corner of Hennepin County Highway 62 and Rowland Road . C . Final Plat Approval for Bryant Pointe (S .E. Corner of Rowland Road and CSAH 62 ) Resolution No . 87-133 D. Approve Bid for Sidewalk/Trail Sweeper 4 E . Resolution adding streets to the Municipal State-Aid Route System (MSAS) Resolut on No . 87-127 F. Final Plat Aeproval for J & L Addition South of Blossom Road , east of Bennett Place) Resolution No . 7-134 fi G . Receive petition and adopt Resolution rESuestlng speed study on Rowlan Road (Resolution No. 7-135 ) H. Recieve petition for drainage improvements for the area south of CSAH 1 and West of CSANH 18 and authorize pre aration of a feasibility stu � , I .C . 2-1 (Resolution No. 7-136) I . Approve plans and specifications for Shad Oak Ridge Utilities and authorize bids to—Eii received , I .C. -119 (Resolution No. 7-137 ) J . Aeprove Plans and Specifications for Bennett Place and Blossom Road Street and Utility Improvements, Z.C. -105 and Authorize Bids to be Received (Resolution No. ) K . Approve Plans and Specifications for Nemec Knolls I .C. 52-121 and Sunn brook Road Street and Utilit Im rovements west of Homeward Hills Road I .C. 52-109 and Authorize Bids to e Receive (Resolution No. 9) L. Resolution No. 87-1471 Approving Final 1986 City Budget M. Eden Prairie Entertainment Center by Brody Associates , Inc. , 'Ind Reading of 5r2inance No. - 7-PUD-4-87 , Rezoning from r City Council Minutes -3- June, 2 , 1987 Rural and within C-Reg-Ser to PUD-4-87-C-Reg-Ser ; Approval of Developer ' s Agreement for Eden Prairie Entertainment Center ; and Adoption of Resolution No. 87-129 , Authorizing Summary of Ordinance No. 18-87- PUD-4-87, and Ordering Publication of Said Summary. 15 . 2 Acres , Planned Unit Development District Review with Variances , 6 .42 Acres into One Lot for Construction of a Theater/Restaurant Complex. Location : Southwest quadrant of Eden Road and Glen Lane. MOTION : Anderson moved, seconded by Pidcock, to approve Items A - L and added Item M. Motion carried unanimously . IV. PUBLIC HEARINGS A. BLOSSOM RIDGE ADDITION by G. W. Pearson. Request for Zoning District Change from R1 -22 to R1 -13 . 5 on 3.07 acres , Preliminary Plat of 3 .07 acres into 5 single family lots and road right-of-way. Location : South of Blossom Road , east of Bennett Place. (Ordinance No. 15087 - Rezoning; Resolution No. 87-86 - Preliminary Plat) Continued from April 21 , 1987. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Frank Cardarelle, representing the proponent, addressed the proposal , Planning Director Enger said this item was reviewed by the Planning Commission at the March 23rd and May 11th meetings . The Planning Commission at both meetings recommended approval approval of the five lot subdivision with road extension subject to Staff Report of March 20, 1987 . Enger mentioned there would be some tree replacement and normal recommendations prior to final plat and building issuance would apply. MOTION : Anderson moved, seconded by Pidcock, to close the Public Hearing and Approve the 1st Reading of Ordinance No . 15-87 for Rezoning of 1 .98 acres from R1 -22 to R1 -13 . 5. Motion carried unanimously. MOTION : Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-86p approving the Preliminary Plat of Blossom Ridge Addition for G. W. Pearson. Motion carried unanimously. City Council Minutes -4- June 2 , 1987 MOTION : Anderson moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. B . THE RIDGE 3RD ADDITION by Dirlam Development. Request or Zoning District C ange from Rural to R1-13 .5 on 3 acres, and from R1 -22 to R1-13 .5 on 3 . 36 acres, with a variances to be reviewed by the Board of Appeals , Preliminary Plat of 24 . 1 acres into 13 single family lots, 1 outlot, and road right-of-way. Location : North of Highway No. 5 , south of Eileen Street, west of Kilmer Avenue. (Ordinance No. 25 . 87 - Rezoning; Resolution No. 87-112 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. P Dennis Dirlam, representing the proponent, addressed the proposal . Planning Director Enger said the Planning Commission reviewed this item at the May 5th meeting and recommended approval on a 5 - 0 vote, subject to changes outlined in the Staff Report of May 8th. Enger said they have been in contact with the Highway Department and if noise walls were necessary, the Highway Department would install them. Enger pointed out this is different then the usual response where the Highway Department is not responsible for noise abatement measures . But are expecting a letter confirming this within the next day or two. Enger said the park and recreation issues would include tree replacement and trail system. Standard drainage and utility review prior to final plat will be done. Anderson asked about the City 's plans for the floodplain area. Asked whether they can guarantee it remains a swamp area. Raised concerns about sedimentation in floodplain area. Since area could be flooded with heavy rains and wash into the marsh, inquired what City or developer is going to do to clean it out. Enger said this would be another link to the current trial system. They will be asking developer to do everything he can to assure it remains in place . Developer will City Council Minutes -5- June 2, 1987 follow standard construction limits procedures . Also, staff members will try to inspect as much as possible, but it ' s not a fool-proof system. Enger said this was reviewed with the Watershed District and standard erosion control measures were described for construction site. Also mentioned they haven' t thought what the City posture would be if that failed and had a significant erosion problem. City Manager Jullie said when it goes to the Watershed District for approval we can pass on our concerns to them to incorporate in the permit some additional provisions . Peterson asked if a letter from the Highway Department commits the State to build a noise barrier there. Enger said a letter would give the City a strong case to insist the Highway Department build a noise wall, If necessary, according to noise standards . Peterson asked Enger about variance anticipated for the two lots . Enger feels there ' s a physical hardship to the developer due to the topography of the land and reasonable use of it . Susan Stevens , 7760 Atherton Way, was concerned about the trees in the development behind her lot. Asked for an agreement to build there but leave majority of the trees standing. Mr . Dirlam explained location of the trees on the plan that will be saved and that only a few will be moved for the building pad. Enger explained City' s inventory policy on trees and the tree replacement program. Lottie Bischoff , 7740 Atherton Way , asked what the developer ' s plans were for the area, Concerned about removing trees . Peterson asked Dirlam about the construction of the retaining walls and longevity. Dirlam explained construction techniques and that the wood used has the same pressure treatment used in wood foundation basements. Anderson said he wants to make sure developer is responsible for siltation in floodplain area. s E City Council Minutes -6- June 2 , 1987 7 f Peterson said prior to 2nd Reading the Staff is to have an official promise of the State of Minnesota to assume } responsibility for noise walls , if necessary. e MOTION : Harris moved, seconded by Pidcock, to close the Y Public Hearing and approve the 1st Reading of Ordinance No. 25-87 for Rezoning from Rural to R1-13. 5 on 3 acres and R1 -22 to R1-13. 5 on 3. 36 acres with variances. Motion carried unanimously. MOTION : Harris moved, seconded by Pidcock, to adopt Resolution No. 87-112 approving the Preliminary Plat of The Ridge 3rd Addition for Dirlam Development. Motion carried unanimously. MOTION : Harris moved, seconded by Pidcock , to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions . Motion carried unanimously. C . JAY WALLACE ADDITION by Jay Wallace. Request for Zoning District Change from Rural to R1 -13 . 5 on 1 . 23 acres, Preliminary Plat of 1 .43 acres into 2 single family lots and road right-of-way. Location : East of Franlo Road , north of Laurel Drive. (Ordinance No. 26-87 - Rezoning; Resolution No. 87-131 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Planning Director Enger said the Planning Commission recommended approval of rezoning and platting of 13 .5 acres into 2 lots on a 5 - 0 vote subject to Staff Report of May 8th. Enger said they've revised the plan to include a parking area and relocated the sanitary sewer service to save major trees in the area. V Jay Wallace, proponent, was available to answer questions. There were no comments from the audience. MOTION : Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt 1st Reading of Ordinance No . 26-87 for Rezoning. Motion carried unanimously. MOTION : Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-131 approving the Preliminary Plat of y City Council Minutes -7- June 2 , 1987 Jay Wallace Addition for Jay Wallace. Motion ro carried unanimously. 3; k MOTION : Anderson moved , seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Motion carried unanimously . D . PRAIRIE BLUFF SUBDIVISION by Card.arelle & Associates , Inc . Request for Zoning District Change from Rural to R1 -13 . 5 on approximately 7 . 4 acres and Preliminary Plat of 8 .5 acres into 17 single family lots , 2 outlots , and road right-of-way. Location : South of Pioneer Trail , west of County Road 18 , east of Franlo Park . (Ordinance No . 27-87 - Rezoning ; Resolution No. 87-132 - Preliminary Plat) s City Manager Jullie stated notice of this Public Hearing had been published and property owners u*ithin the project had been notified. a Frank Cardarelle and Dan Herbst , representing proponent, addressed the proposal . Planning Director Enger said the Planning Commission reviewed this item at the May 5th meeting and recommended on a 5 - 0 vote to approve the 17 lot subdivision. Enger also addressed the need for a storm sewer study in this area, which he said council ordered this evening. Enger reviewed Staff Report Exhibit C on the Sidewalks and Trails . Jullie stated their recommendation, since they have a contractor working right in the area, to facilitate this project , would be to suggest to allow development work proceed , subject to the developer supplying all the required bonds and other documentation and a letter of agreement indicating that intent to conform with the required subdevelopers agreement . And this would begin prior to the Council ' s 2nd Reading. Peterson asked if this is at full risk to the developer . Jullie responded "yes . " Anderson inquired of City Attorney Pauly on that issue. City Attorney Pauly said with the developer, understanding the risk that it may not be approved in a 2nd Reading, that that would not create any kind of an estoppel situation for the City. m City Council Minutes -8- June 2 , 1987 a k. Jerry Hegge , 10015 Pioneer Trail , said he is concerned with the construction and dumping of storm water in the wetland area and what will happen to this area. Y Director of Public Works Dietz said that the proposal primarily drains to the north. He stated the solution to that is in a storm sewer system that runs along County Road 1 to the east over to County Road 18 . Dietz said as far as the wetland to the south and east, the;;'ve had preliminary design work done by proponent and also looked at other alternatives. It ' s his opinion that it will not cause a particular problem in there. Anderson stated that the problem is not solved at this time nor are there plans to solve it . Dietz said the feasibility study would look at how to do that specifically. Diatz also advised they feel the erosion problem is under control . ' Peterson asked proponent what percentage of this property will be developed by next spring . Herbst replied the market wasn ' t that good and it will probably take two years . Anderson asked how long it will take to run the feasibility study, if it ' s approved and it goes through . Dietz answered it would be about three months to award contract . Peterson stated that the project is not going to exaggerate the problem. Whether it 's approved or not, the problem is going to be there. Dietz said he' s comfortable now they aren ' t going to create a problem. MOTION: Pidcock moved, seconded by Harris , to close the Public Hearing and to approve the 1st Reading of Ordinance No . 27-87 for Rezoning Rural to R1-13. 5 . Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 87-132 approveing Preliminary Plat of Prairie Bluff Subdivision for Cardarelle & Associates , Inc . Motion carried unanimously. MOTION : Pidcock moved, seconded by Anderson , to Direct Staff to prepare a Development Agreement incorporating t Commission and Staff recommendations . Motion carried unanimously. Jullie stated the record should show that Council has authorized the start of the project with grading and utility work prior to formal 2nd Reading subject to the conditions we talked about, the bonding , documents , City Council Minutes -9- June 2 , 1987 and letter of acknowledgment . MOTION: Harris moved, seconded by Pidcock, to authorize the developer to proceed with the initial grading and utilities prior to 2nd Reading pursuant to the Council and Staff receiving the necessary letters of credit and bonding, acknowledgment of risk, etc . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS . 34886 to 35234 Pidcock questioned items 34945 and 35137 . City 'Manager Jullie said item 34945 is the monthly bill from NSP for t the water plants . Jullie also said item 35137 is materials for maintenance . Harris questioned item 35089 . Jullie said it ' s part of the fitness program testing for officers . MOTION: Pidcock moved, seconded by Harris, to approve the Payment of Claims Nos . 34886 to 35234 . Roll call vote: Anderson , Pidcock , Harris and Peterson voted "aye. " Motion carried unanimously. VI . ORDINANCES & RESOLUTIONS A. ANDERSON 'S GARDEN SHOPPE by Don C . and Rita L. Anderson, and H . J. Ny ammer. Request for Comprehensive Guide Plan Change from Low Density Residential to Neighborhood Commercial on 1 . 01 acres , Zoning District Change from C-Com to N-Com on 0. 7 acres and from R1 -22 to N-Conn on 0 . 31 acres to be known as Lil ' Red. Also Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 1 . 27 acres and Zoning District Change from R1 -22 to C-Com on 1 . 27 acres and from R1 -22 to R1-13. 5 on 1 .86 acres , with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 3 . 1 acres into 6 lots and road right-of-way to be known as Anderson 's Garden Shoppe. (Lil ' Red: Reslolution No. 87-144 - Comprehensive Guide Plan Amendment to Neighborhood Commercial; Ordinance No. 28-87 - Rezoning to Neighborhood Commercials Anderson 's Garden Shoppe : Resolution No. 87-145 - Comprehensive Guide Plan Amendment to Community 4 Commercial; Ordinance No . 29-87 - Rezoning to Community Commercial; Resolution No. 87-146 - Preliminary Plat) MOTION: Harris moved, seconded by Pidcock, to continue until the next Meeting of Council. Motion carried unanimously. i } City Council Minutes -1p- June 2 , 1987 Y III . PETITIONS , REQUESTS & COMMUNICATIONS A. Request from Alton Lundgren, Eden Prairie Family Physicians , and surroundinq neigh ©rhood to appeal a decision of the Board of Adjustments and Appeals at the next regular scheduled City Council meeting regarding variance Request No. 87-17. MOTION : Harris moved, seconded by Pidcock, to not review but uphold the Board of Appeals decision. Daniel Tyson , representing Super America, spoke in favor of the motion. Motion carried unanimously. B . GOPHER LANE DIVISION by Patrick G. Bauer . Request or Preliminary Plat of approximately 1 . 5 acres into 3 single family lots . Location : West of Staring Lane. (Resolution No. 87-141 - Preliminary Plat) City Manager Jullie said this is already zoned R1 -22 . The Planning Commission has recommended approval and ,( adoption of Resolution No. 87-141 . Jullie also mentioned an Assessment Agreement will be required for future road and utility improvements . MOTION : Pidcock moved, seconded by Harris * to adopt Resolution No . 87-131 , approving the Preliminary Plat of Gopher Lane Division for Patrick G. Bauer . Motion carried unanimously. C. TIMBER CREEK WOODS 3RD ADDITION by Builders Development and Finance. Request or Pre urinary Plat of 1 . 34 acres into 6 single family lots . Location: East of Mistral Lane and South Manor Road. (Resolution No. 87-142 - Preliminary Plat) City Manager .Jullie:_said these .lots are part of Timber Creek Woods 2nd Addition previously zoned R1 -9.5 and platted in 1983 . Jullie said the preliminary plat for the 3rd Addition changes some of the lot configuration. Jullie recommended adoption of Resolution No. 87-142 approving the Preliminary Plat. City Council Minutes -11 - June 2 , 1987 MOTION : Anderson moved , seconded by Pidcock , to adopt Resolution No. 87-142 approving the Preliminary Plat of Timber Creek Woods 3rd Addition for Builders Development and Finance. Motion carried unanimously. VIII_ . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX. APPOINTMENTS There were none. VII . REPORTS OF OFFICERS, -BOARDS & .COMMISSIONS A. Reports of Council Members 1 . Commendation for Police Officers Pidcock recommended commendations for Officer Jim Itline and Officer Jim Schlossmacher. a MOTION : Pidcock moved , seconded by Anderson, to reaffirm Officer Kline' s and Officer Schlos.smacher ' s commendation . Motion carried unanimously. 2 . Consideration of Revised Hoard of Review Process Anderson recommended Staff to investigate different means of doing the Board of Review process that's more fair to the community, to Staff and to the City Council. Suggested we use Staff appraisers and independent appraisers and split the difference. Peterson inquired about cost of independent appraisers and suggested we get appraisers to volunteer their time. Pidcock said that we have to protect our tax payers, but that an independent and different point of view might be helpful . Peterson inquired as to the cost of these appraisals. Pidcock said between $150 to $300. Pidcock noted that Eden Prairie had a reputation for having high real estate taxes based on estimated market value. Pidcock stated from firsthand experience it is a fact that many of the estimated market values are higher than sale prices . a City Council Minutes -12- June 2 , 1987 Peterson pointed out that many of our properties are sold in excess of the estimated market value. He said he would like to know the sale price for 6 months or a year in 1986 or 1987 as it relates to the estimated market value that we indicate and upon which we tax in the City for our information; how many are over or how many are under. Harris said she has difficulties with an open- ended independent appraisal because of the cost. Agrees with rethinking how the additional information ? is presented and the scheduling of the Boord of Review. MOTION: Anderson moved , seconded by Pidcock, to s. recommend that the Staff study the Board of Review process . Motion carried unanimously . B. Report of Cits.P .Manager There was no report . ( C. Report of City Attorney City Attonney Pauly gave his report at a closed session following the Council meeting. D. Report of Director of Planning There was no report . E. Report of Director of Community Services There was no report. t F. Report of Director of Public Works 1 . Joint Resolution with Bloomington regarding CSAH 18 (Resolution No. 7- 3 ) Director of Public Works Dietz referred to the Joint Resolution of Eden Prairie and Bloomington, Resolution No. 87-138 , page 1429 of the agenda. Dietz said the request was to join in a joint resolu- tion with Bloomington to ask Hennepin County tO proceed with construction of County Road 18 at the earliest date. rc y City Council Minutes -13- June 2 , 1987 MOTION: Anderson moved , seconded by Pidcock, to adopt Resolution No . 87-138. Motion carried unanimously. XI . NEW BUSINESS Peterson brought up a concern about he SAVE (Select Another Viable Extension) letters he 's been receiving about the citizens reporting they wt-re told Townline Extension west of Highway 4 would be a 2 lane road . a Dietz responded they aren ' t saying it at present. This road has always been on the transportation plan as a major arterial facility . The facts show that a 4 lane is desperately needed. Also , there are compromises to be worked out, particularly with the City of Minnetonka. Dietz said City officials of Minnetonka would like to eliminate 4 lanes west of Woodland Road in Minnetonka and go with a 3 lane road, one lane each direction and continuous left turn lane down the middle. Peterson asked if we 're allowing residents in the north and Minnetonka residents in the south to work with Minnetonka to redesign this road and we are not participating. Dietz responded that Eden Prairie is participating and the most recent proposal is on his desk , which does not include the continuous left turn lane. Dietz pointed out it was a inistake to drop the median out on any part of the road. And pointed out concerns aligning the cross streets with one another between the two cities . Dietz said it ' s primarily been at staff level and has not asked for Council approval of preliminary layout plans until they get something more concrete . Peterson requested an update and opportuni-ty for discussion and then forward to the County some resolutions of support for whatever we might conclude. Dietz said he would bring the layout plans and give more history on this at the next meeting . XII . ADJOURNMENT MOTION : Pidcock moved, seconded by Anderson, to adjourn the C-tty__Council meeting at; :25 . P.-M. to ,a closed session with City Attorney Pauly to discuss matters of litigation.