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City Council - 04/05/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRIL 5, 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. Judie, Finance Director John Frane, Planning Director Chris Enger, Director of Public Works Eugene A. Dietz, Director of Public Safety Jack Hacking, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Wolfgang H. Penzel and Councilman George Tangen were absent. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item. was added to the Agenda as item VIII . B. 1 . Request by Eden Prairie Community_ Club for waiver of ang rbl i 1 i cen�e wee. The following items were moved to the Consent Calendar: 1II, K. Request from Orris & Carole Eide to extend developer's agreement on Eide' s Knoll 1earto Aril_5, 1984; III . L. Request from Universal Land Corporation to_ extend develoQ- er� s Ta�reemert on L-' acTe -Heights Addition 1 year`to April_ 5,_1984 III . M.YRequest from Lard E.__ Pomerleau to locate a deck & screen porch within 46 feet of Baker Road instead of the 50 foot setback required in the Cardinal�Cre_ek_ developer`s agreement; & I_I_I. N_- Clerk s License List. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. City Counci_1 Meeting held Tuesday, March 1, 1983 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, March 1, 1983, as published, Motion carried unanimously. B. Cit Council Meeting held Tuesday, March 15, 1983 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, March 15, 1983, as published. Motion carried unanimously. City Council Agenda - 2 - Tues . ,April 5, 1983 J. Set Public Hearing for May 17, 1983, on Amendment to Development District No. 1 and Amendments to Tax Increment District Nos. 1 , 2, 3 and 4, and Adoption of .Cax 'Increment District No. 5— --- 1V. PUBLIC HEARINGS A. Brva_gt Lane street name change (Ordinance 6-83) Page 509 B. Street name changes in the Eden View Addition (Ordinance No. 7-83) Page 510 C. Vacation of portions of Kingston Road south of Crown Drive (Resolution Page 511 D. Vacation of drainage and utility_ easements Lot 1,,Blk. 2,_Heidelberg Page 514 revised Addition Resolution No. 83--64 V. PAYMENT OF CLAIMS NOS. 6726 - 6976 Page 516 VI . REPORTS OF ADVISORY COMMISSIONS VII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Orris & Carole Eide to extend developer's agreement on page 521 Eide 's Knoll I ,year to April, 5, 1984 B. Request from Universal Land Corporation to extend developer's aq reement page 524 on lake Hehts Additon 1 year to April 5, 19$4 C. Request from Larry E. Pomerl eau to locate a deck & screen porch 46_feet of_Baker Road instead of the 50 foot setback required in Page 527 Cardinal Creek developer's agreement _ l---v- '- VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of pi_ L Manager C. Report of City Attorney D. Report of Finance Director 1. Clerk's License List Page 531 IX. NEW BUSINESS X. ADJOURNMENT. City Council 11,inutes -2- April 5, 1983 I I C. Special al_ City Council Meet n held Tue_,da March 22 1983 _ r _�------____.__ w_ _ _, . - 3 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Tuesday, March 22, 1983, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Allocation of Funds to Storefront Youth Action i B. Change Order No. 6, City Services Project C. Award bid for Cardinal Creek 3rd Addition Imoro_vements , I .C. 52-042 - Resolu- tion No. 83-65 D. Award bid for Lorence 1st and 2nd Addition Improvements_, I .C. _52_032 - Reso- lution No. 83-66 E. Resol ution of cornpl i ance wi th developer' s_ acZreement, Shams Oak Industri al 6th Addition, Lot 1, Block 1 (formers 3rd _Addition, Lot 3 & part of Lot, 4, 6iock 17 - Resolution No. 83-67 F. Resolution of compliance with developer` s agreement, Shady Oak Industrial Park 3rd Addition , Lot 2, Block 1 - Resolution No. 83-68 G. Approval of Addendum One to Valley Place Offices developer's agreement l_ H. Request for approval to advertise for bids for the Staring Lake _Trai1 Bridge I. Authorize a_n action a ainst the contractor or its insurer for damages arising out of the flooding of the Water Plant J. Set Public Hearing for May 17, 1983, on Amendment to Development District No. 1 end Amendments to Tax Increment District Nos. 1 2, 3 and 4 and Adoption of Tax Increment District K. Request from Orris & Carole Eid_e to extend developer's aq-reement on Eide 's Kn61_1- 1 ,year,to Apra 1__5, _1984 (formerly UI I . A.- Lake Nei ghts Addition l year to April 5, 1984 Tfo'rmerly VI I , g� ment on L. Re_quest from Universal Land Cor oration to extend develo er s a ree ___�__ M. Request_ from Larry E. Pomerleau to locate a deck & screen porch within 46 feet of Baker Road instead of the 50 foot setback re aired in the Cardinal Creek developers agreement formerly VII . C. ) N. Clerk' s License List (formerly VIII . D. 1, ) MOTION: Bentley moved, seconded by Anderson , to adopt items A - N on the Consent Calendar. Motion carried unanimously. City Council Minqtes -3- April 5, 1983 IV . PUBLIC HEARINGS A. Bryant Lane street name change (Ordinance 6-83) Director of Public Works Dietz addressed the reason for the change. There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give lst Reading to Ordinance No. 6-83. Motion carried unanimously. B. Street name changes in the Eden View Addition (Ordinance 7-83) P 1 Director of Public Works Dietz addressed the rationale for the change. t Archie Harju, 15619 North Eden Drive, asked if this change would affect the street names and/or the house numbers. Dietz said it would not; it would only change the names on the plats to indicate what the streets are presently named. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 7-83. Motion carried unanimously. C. Vacation of portions of Kin�Cston Road _south of Crown Drive (Resolution No. Director of Public Works Dietz noted this vacation is proposed at the request of the adjacent property owner on the east side of the street. 1 As a result, the City decided it would be best to vacate both sides at one time. Anderson said he felt the property owners should consent to having the stops signs which are located on these sites removed as part of the vacation resolution. City Manager Jullie said the impetus for the stop signs came from the residents in Golf View Addition. Redpath said he felt most of I the residents along Kingston Road would like to see the stop signs removed. Glen Nybeck, 7250 France Avenue South, representing Lelan Woll of 14115 Crown Drive, said his client was the proponent for the vacation. MOTION: Bentley moved, seconded by Anderson , to close the Public Hearing dnd to adopt Resolution No. 83-63; Staff is directed to study the stop sign situation and report back to the City Council in the near future, Motion carried unanimously. D. Vacation of drainage and utility easements Lot 1 , Block 2, Heidelberg (revi sedT Addition - Resolution No. 83-64 Director of Public `forks Dietz stated this proposal would vacate drainage and utility easements in the Heidelberg Addition; the proponent wishes to build a swimming pool and the utility easements are not necessary. F City Council Minutes -4- April 5 , 1983 Lil Lindsey, 8241 Hiawatha Circle, asked about the setback requirements for the swimming pool . Dietz noted that issue will come before the Board of Variances at its meeting on April 14, 1983. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-64, vacating the utility easement on the westerly 105 feet of Lot 1 , Block 2 , Heidelberg revised. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6726 - 6976 MOTION: Anderson moved, seconded by Bentley, to approve Payment of Claims Nos. 6726 - 6976. Roll call vote: Anderson, Bentley and Redpath voted It aye. to VI . REPORTS OF ADVISORY COMMISSIONS Redpath said he had heard the Community Theatre was going to request money from the Council for its summer production. City Manager Jullie said he had a call from a board member and had requested that a letter be sent to the Council with a specific request. \111 . PETITIONS _ REQUESTS & COP1M1)NICATIONS A. Request_ from Orris & Carole Eide to extend developer' s agreement_on_Eide' s -knoll 1 year _to A_pri l 5,_ 1984 - moved to Consent Calendar; item III . K. B. Request from Universal Land Corporation to extend devel per' s agreement on Lake s Addition 1_,year to_Apri 1 5, 1984 - moved to Consent Calen- daz; item III . L. C. 46 feet ofoBaker•rRoad Pnsteadaoftthe�50tfoatdeck and screen�orch within '9. _ . __ __ _�' _ _ _. - setback required in the Carte dinal Creek Bevel oiler' s agreernent - moved to Consent Calendar: item III . M. VIII . REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members Bentley noted there will be a meeting of the Waste Management Board on Thursday, April 14, 1983. This will be an all-day meeting beginning at 8 a.m. The ineeti ng will be held at Thorson Gymnasium in Crystal . He will be unable to attend; City Manager Jullie said he will direct someone from Staff to attend. B. Report _of Cityr Manager City Manager Jullie stated the March Report of the Building Department indicated 91 new single family dwelling permits had been issued vs. 22 a year ago; during that same time period 30 multiple dwelling permits had been issued vs. 10 a year ago. The total value of permits through t-larch 1983 is $10 million; in 1982 it was $43-2 million. Jullie noted that Naegele Sign Company had donated bill board space near the junction of TH 169 and TH 5 which shows the Public Safety Department' s logo and a message regarding drinking and drivin4. _t �1 City Council Minutes -5- April 5, 1983 1. Re9 uest by Eden _Prairie Conunun i ty__C 1 ub for waiver of cambl i nq__license fee City Manager Jullie called attention to his memorandum of March 31, 1983, in which he addressed the issue. MOTION: Bentley moved, seconded by Anderson, to waive the $40 license fee for the Community Club. MOTION: Bentley moved, seconded by Anderson, to direct Staff to determine what type of resolution might be drafted to waive the necessity for a temporary gambling license for organizations where the profits would he under a certain dollar limit. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Finance Director 1 . Clerk's License List - this item was moved to the Consent Calendar as item III. N. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson , to adjourn the meeting at 8:07 p.m. Motion carried unanimously. _l