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City Council - 09/07/1982 i APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL y TUESDAY, SEPTEMBER 7, 1982 7: 30 PM, CITY HALL rt COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE INVOCATION: Councilman Paul Redpath ROLL CALL: all were present I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the Regular Agenda to the Consent Calen- dar: VII . B. Request b� Hans Hagen to extend Northmark 4th time limit from July,_1982 to July 1983 became item III . L. and VII . C. Request from Historical & Cultural Commission - Resolution No. 82-221, recognizing "Sunbonnet Day" as an official civic event became item III. M. MOTION: Redpath moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. Minutes of the Regular City Council Meeting held Tuesday,August 3, 1982 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the Regular City Council Meeting held Tuesday , August 3, 1982 , as published. Motion carried with Edstrom abstaining. B. Minutes of the Joint City Council/Planning Commission Meeting held Tuesday, August 17, 1982 Page 2, para. 2 , line 3: delete "from reading the Planning Commission minutes" Page 3, para. 3, line 2: delete "and the City Council " MOTION: Bentley moved, seconded by Edstrom, to approve the Minutes of the Joint City Council/Planning Commission Meeting held Tuesday, August 17, 1982, as amended and published. Motion carried unanimously. City Council Minutes -2- September 7 , 1982 III . CONSENT CALENDAR A. Final Plat approval , Cardinal Creek 4th Addition (Resolution No. 82-216) B. Final Plat approval , Cardinal Creek 5th Addition (Resolution No. 82-217) C. Receive 100% petition 'for utility and street improvements for CNR Golden Strip East Resolution No. 82-218 D. Resolution declaring costs to be assessed and ordering_preparation of s 1982 Special Assessment Rolls and setting Public Hearing for 7:30 p.m. , September 21 , 1982 Resolution No. 82-220 d E. DNR License for well collector line (2 creek crossings) , F .C. 51-354, Phase f I I F. Receive petition for utility and street improvements for Anderson Lakes Parkway between Mitchell Road and TH 169 and authorize the preparation of a feasibility report Resolution No. 82-219 G. Clerk 's License List H. Resolution approving lease agreement with DNR for trail around Staring Lake Resolution No. 82-215 I . Award bids for construction of sidewalk on Franlo Road J. Award bids for construction of bike trail on County Road 1 west of County `�•- Road 4 K. Resolution No. 82-214, requesting Hennepin County to administer C.D.B.G. Rehabilitation Program L. Request by Hans Hagen to extend Northmark 4th time limit from July, 1982 to July, 1983 M. Request from Historical & Cultural Commission - Resolution No. 82-221, recognizing "Sunbonnet Day' as an official civic event MOTION : Redpath moved, seconded by Edstrom, to approve items A - M on the Consent Calendar. Motion carried unanimously. i IV. PUBLIC HEARINGS A. ARBOR GLEN BY BFK PARTNERSHIP. Request for PUD approval on 40 acres for residential uses, rezoning from Rural to R1-13:5 for 24 acres for 51 units and from Rural to RM 6.5 for 8 acres for 28 units, and preliminary plat approval for the construction of 51 single and 28 townhouse units and possible variances. Located in the northeast corner of Baker Road and Valley View Road, and south of Cardinal Creek. (Resolution No. 82-211 - PUD, Ordinance No. 82-23 - rezoning, and Resolution No. 82-212 - preliminary plat) i { City Council Minutes -3- September 7, 1982 Howard Kyllo, representing the developer, BFK, was present as was James Hill , architect for the developer, who addressed the proposal . Director of Planning Enger stated the proposal had been reviewed by the Planning Commission at its August 9, 1982 , meeting at which time it voted to recommend approval subject to the recommendations contained in the Staff Report of August 5, 1982. Director of Community Services Lambert noted the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its August 16 , 1982 meeting at which time it recommended approval subject to the recommendations included in the Staff Report and with the addition of a trail connection. The Commission also recommended there be a future trail on the east side of Baker Road. Lambert noted the best location for a trail along Valley View Road would be on the south side. Penzel asked if the City would have an easement to connect to the south- east. Lambert stated the City would ;;:r^ "Outlet A" which would take care of that. Redpath noted the number of single family lots available in the City and asked why this site was chosen for development. Hill said the Cardinal Creek development to the north had proven to be very successful and the developers of this property decided to come forth with their proposal largely due to the success of adjacent property. Hill said they hope to market both the single-family and townhomes at the same time. { Jerrold T. Miller, 7120 Gerard Drive, had a question regarding the eastern- - boundary of the project -- his concern centered largely on the hill on the property line. Hill said they have submitted a grading plan for the area. It is the developers' intention to maintain the slopes. Enger said the ex- isting 2: 1 slopes would remain. Bentley expressed concern about the problem of marketability of the south- western single-family lots which back up to the townhouses. Hill noted that the Walden townhomes subdivision in Burnsville which he was involved with was done in this manner and there were no problems in marketing either the single-family or the townhomes. Miller said he would hope the trees would not be removed -- this is largely dependent on the machine operators . Penzel said the City would require staking and snow fencing in areas not to be touched. 110TION: Bentley moved , seconded by Redpath, to close the Public Hearing and to adopt Resolution No. ,82-211 , approving the Arbor Glen Planned Unit Development and amending the Guide Plan. Motion carried unanimously. MOTION: Bentley moved , seconded by Redpath, to give 1st Reading to Ordinance No. 2-82, rezoning from Rural to R1-13.5 for 24 acres and from Rural to RM 6. 5 for 8 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to instruct Staff to draft the Developer' s Agreement including the recommendations contained in the August _ -. - City Council Minutes -4- September 7, 1982 5, 1982, Staff Report; staking and snow-fencing the areas not to be dis- turbed during grading; and the road to be constructed as one project. CMotion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 82-212, approving the preliminary plat of Arbor Glen. Motion carried unanimously. B. NORSEMAN INDUSTRIAL PARK 5th ADDITION by He rleiv Helle. Request for rezoning 1 2 acres from Rural to I-2 Park and preliminary plat approval. Located south of West 74th Street extended. (Ordinance No. 3-82 - rezoning and Resolution No. 82-213 - preliminary plat) Herleiv Helle was present and spoke to the rezoning and preliminary plat requests . Director of Planning Enger stated the Planning Commission had reviewed the requests at its August 9, 1932 , meeting at which time it recommended approval subject to the Staff Report of August 4, 1982. The Commission also recommen- ded that prior to further platting in this industrial park the owner be required to update the concept plan of the proposed development and road alignment. This recommendation came from a discussion as to the need to connect West 74th Street westerly and then northerly to Valley View Road. There was no report from the Parks, Recreation & Natural Resources Commis- sion. Bentley asked how many parcels are left to be developed. Helle said there are 30.6 acres undeveloped. Bentley asked why there is no PUD for the pro- ject. Helle said since the zoning is all the same it was his understanding a PUD was not necessary. Bentley said he would like to see what Helle has in mind for the rest of the site -- a concept plan. Helle said he felt the road connection recommended by the Planning Commis- sion is in his interest because he needs it to market the project. MOTION: Edstrom moved seconded by Bentley, to close the Public Hearing and to give Ist Reading to Ordinance No. 3-82, rezoning 2 acres from Rural to I-2 Park. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to- adopt Resolution No. 82-213, approving the preliminary plat of Norseman Industrial Park 5th Addition. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath , to instruct Staff to draft a Developer' s Agreement taking into consideration the recommendations included in the Staff Report of August 4, 1982; noting no further zonings will be con- sidered unless a plan for the remaining land is presented; and other recommen- dations of the Commission as noted here this evening. Motion carried unanimously. City Council Minutes -5- September 7 , 1982 z C. USE OF REVENUE SHARING FUNDS_ Penzel noted Finance Director Frane' s memorandum of September 2, 1982. a There were no comments from the audience. MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to adopt the Staff recommendations for the use of Revenue Sharing Funds as outlined in Director of Finance Frane' s memorandum of September 2, 1982 . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 3406 - 3717 The Council discussed the pro rata refunding of license payments . It was determined that, specifically in the case of liquor licenses , this might be construed as a license transfer. MOTION: Bentley moved, seconded by Redpath, to approve Payment of Clai;ii- Nos . 3406 - 3717, withholding payment on Claim No. 3563 . Roil call vote: Bentley, Edstrom (abstained on Claim No. 3633) , Redpath , Tangen and Penzel voted "aye . " Motion carried. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETITIONS, REQUESTS & COMMUNICATI_ONS A. Petition from Frank Smetana, Jr. Frank J. Smetana , 7722 Smetana Lane, referred to a petition of August 12, 1982, which had been submitted to the City regarding the non-residential use of Smetana Lane. Smetana spoke to the reasons the residents do not wish to have trucks on their street and gave a brief history as to how this came about. Penzel asked City Manager Jullie if there had been a permit issued for the crossing of the creek and the grading work. Jullie said the upgrading was minor and was over an existing crossing. The watershed district was asked to look at this and concurred with the City. Don Sorensen, attorney for Smetana , stated that Pearson had violated Ordinance #103. He gave additional background information on the issue. Redpath suggested Pearson and Helle get together to discuss a north/south road through their properties to Valley View Road. Jullie said he had spoken with Pearson on Friday and he had agreed to have no trucks travel on Smetana Lane prior to 9 a .m. He had also said he would be willing to work with the City to find a location for a turn- around at the end of Smetana Lane so that school buses could go to the end of the road to pick up children. Jullie, Pearson, and school repre- I City Council Minutes -6- September 7, 1982 sentatives had met at the site on Friday afternoon to discuss 3 possible location and it appeared there would be adequate space and this is accep- table to the school . Pearson would supply the aggregate for the cul-de-sac R turnaround) . Pearson has oiled the road. Smetana said fie would accept the turnaround . but he objects to the road being used for other than residential purposes. { A letter from Marilyn Heath, 7665 Smetana Lane, was submitted for inclusion with the Minutes (see attached. ) r MOTION: Bentley moved, seconded by Edstrom, to instruct Staff to post Smetana Lane "no trucks" and to instruct Public Safety to enforce this posting. Pearson is to be notified of this as soon as possible. The road improvements are to begin also. Motion carried unanimously. B. Request by Hans Hagen to extend Northmark 4th time limit from July, 1982 to July_, 1983 This item was moved to the Consent Calendar as item III . L. C. Request from Historical & Cultural Commission - Resolution No. 82-221 , recognizing "Sunbonnet Day ' as an official civic event. This item was moved to the Consent Calendar as item III . M. VI ' I . REPORTS OF_OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Penzel - called attention to a letter from Senator Rudy Boschwitz (see attached) regarding cable tv legislation, 2. Penzel- noted a letter from Jerry Wigen regarding the fees at the Community Center (see attached. ) B. Report of City Manager 1. Proposed 1982 (bal . ) and 1983 budget for Southwest Suburban Cable Commission City Manager Jullie addressed the proposed Cable Commission budget. Redpath noted what had transpired at the Cable Commission meeting the other evening regarding the budget. Redpath stated the Commission is in the process of hiring a manager. MOTION: Bentley moved, seconded by Redpath , to approve the Proposed Budget for 1982 and 1983 for Southwest Suburban Cable Commission. Motion carried- unanimously. r I F City Council Minutes -7- September 7, 1982 2. Set heari nq date for City Budget MOTION: Bentley moved, seconded by Tangen, to set Tuesday, Septem- ber 14, 1982, at 7 :30 p .m. as the time and date for a special Council Meeting at which time the budget will be reviewed. Motion carried unanimously. C. Report of City Attorna There was no report. X. NEW BUSINESS There was none. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 8:57 p.m. Motion carried unanimously.