City Council - 06/07/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 7, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George
Bentley, Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J . Jullie, City Attorney Roger j
Pauly, Finance Director John 0. Frane, Planning
Director Chris Enger, Director of Community Servicel
Robert Lambert, Director of Public Works Eugene A.
Dietz, and Recording Secretary Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was removed from the Consent Calendar as item III . E.
to item VIII. B. 3• Award contract for LaVonn_e Industrial Parkes I .C. 52-048
(Resolution No. 83-115) .
The following items were added to the Agenda: VIII . A, 1. Violations of
Grading Permits and VIII . A. 2, Lake Use Policy.
110TION: Bentley moved, seconded by Redpath, to approve the Agenda as
amended and published, Motion carried unanimously.
II . MINUTES
A. Board of Review meeting held Tuesday May 17, 1983
MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of
the Board of Review meeting held Tuesday, May 17, 1983, as published,
Motion carried unanimously,
B. City Council meeting held Tuesday, May 17, 1983
p, 5. para. 3: replace the last sentence which read: "He said there are two
items which should make this a desirable improvement with a minimal encroach-
ment into the bluff' s area: this would be an improvement in the public health
and welfare; and it provides the City the ability, through zoning, to control
the upgrading as well as the image of the communisy, " with: "He said there
City Council minutes -2- June 7, 1983
were two items to consider in determining whether or not a minimal encroach-
ment into the bluffs in this area should occur: 1) would this be an improvement
in public health and welfare, and 2) whether it provides the City with the
ability, through rezoning, to control development and design of any expansion,
and thus improve the image of the community. He said that in his mind this
rezoning proposal met both conditions , "
p. 9, para. 2, 1st sentence: delete "you might have a local improvement s
and some areas might not be included. " and insert "for example construction
of sewer and water other than if a local improvement under Chapter 429 "
p. 9, para. 2, last sentence: change: "an assessment" to "a charge"
p. 9. para. 3, delete 2nd sentence which read: "Pauly said the same rights
of appeal pertain to this as to the usual assessment process ." and replace
with: "Pauly said upon notice to the owner of the proposed charge the owner
may request a hearing by the Council , If the owner wishes , he would have
recourse to a court of review the Council 's decision and whether it- is in l
accord with the Ordinance and the enabling statute, While procedurally
the hearing and court review are similar to that in the assessment process
there are substantive differences, The principal difference is that in the
assessment proceeding the test is whether the benefit to the property equals
the proposed assessment, In a connection charge proceeding the charge must
be upon a comparable basis per front foot and/or area as assessments for public
improvements against other properties in the district or neighborhood, or if
none, upon an estimated or levied uniform charge,"
p. 11, para , 2: change "and the adjacent property owners" to read "and
the residents"
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the
Tuesday, May 17, 1983, meeting of the City Council as amended and published,
Motion carried unanimously,
III . CONSENT CALENDAR
A. 2nd Reading of Ordinance No, 18-83, establishing a fee for connecting- to
the sanitary sewer and water system
B. Resolution No. 83--133, designating the City Manager as the Signatory to sign
ic appropriate�plation forms forJtrainin reimbursement money from-t�-
Minnesota Board of-Peacet'' Officers C. 2nd Reading of Ordinance No. 9-83 rezoni nc ~from ,Rurallto `Pobl t55 Lgproval.
of Deve o er'' sNgreement for Pax Christi fat b c. Commun j� and adoption
of Resolution No, 83-127 approving Summaryof Ordinance No. 9-83 arid- l
Ordering the Publication of said Summary orPax' risti Catholic Community,
25 acres for church site and 13 acres for park, North of County Road 1 ,
west of proposed Homeward Hills Road extension, (Ordinance No, 9-83 rezoning
Resolution No. 83-127 - approving Summary)
City Council Minutes -3- June 7, 1983
D. Final plat approval for Pax Christi Catholic Community (Resolution No. 83-123)
E. Award contract for LaVonne Industrial Park, I_.C. 52-048 (Resolution No. 83-115)
- moved to VIII . B. 3.
F. Award contract for self propelled roller (Public Works)
G. Resolution No. 83-104 modifying the Municipal Industrial Develo ment Bond
transaction for Valley Place Office Associates in the amount oT $1,200,000.00
H. 2nd Reading or Ordinance No. 10-83, rezoFl nq N om mi IJ -) to R1R9.5' ap.. ,a!
of Developer's Agreement for Dellwood and adoption of Resolution No. 83-126
approving Summary of Ordinance No. 16-83, and Ordering the Pu - cation of a said
Summary for Dellwood. 90 single family residential units, two outlots and
park open space on 36 acres . West of Dell Road, north of Duck Lake Trail .
(Ordinance No. 16-83 • rezoning, Resolution No. 83-126 - approving Summary)
I . Final plat approval for Dellwood (Resolution No, 83,124)
J . 2nd Reading of Ordinance No. 10-83 rezoning from RM 6.5 to RI .S.5 approval
of Develo er's A reement for Val le "Curve (formerly Wi l low Bend) , and ad-- olt on
f 'Resolution No. 83�12 , approving Summary _of OrdInance No. 10-83 and rder-
ing the Publication of 'said Summary for Va 11 a 'Curve, 80 singe family resi .-
entia units and 11 .2 acres' for park. Southeast corner of Baker, Road and
Valley View Road. (Ordinance No, 10-83 - rezoning, Resolution No. 83-128
approving Summary)
K. Final plat approval for Valley Curve (Resolution No. 83-122)
L . Final plat approval for Westwood Industrial Park (Resolution No. 83-125)
M. Receive feas i bi l i t report for utility improvements al once Shad Oak Road and
set Pub is Hearin for 7:30 .m. , July 5, 1983 T.C. -52.049 (Resolution No.
�3 -116
N. Extra Work Order No. 1 to I .C, 51-340A for trunk improvements on Duck Lake
Road, I .C. 52-041
0. Approve plans and specifications for -Valley View Road ',Improvements Tx.51-308C, and authorize bids to be received on June '3 1983 eso ution
No. 83-118
P. Receive 100% petition for Watermain Improvements on Count Road 67 ' west
of Industrial Boulevard., I .C. 52-052 Resolution No, 83-119
Q. , Set Public 'Hearing for July 19. 1983, to vacate unused right,of"way on Plaza
Drive
777
City Council Minutes -4- June 7, 1983
R. Approve plans and specifications for Homeward Hills Road extension and
authorize bids to be received on July 14, 1983 Resolution No. �83-120
S. Authorize permit application for connection of sanitary sewer to MWCC _trunk
-sewer at Homeward Hills Road (Resolution o. 83-1 1
a
a
E
T. Clerk's License List
MOTION: Redpath moved, seconded by Anderson, to approve items A - D and F - T
on the Consent Calendar. Motion carried with Bentley voting "no" on item A.
i
IV. PUBLIC HEARINGS
A. HIDDEN GLEN by R.M. Feerick Associates. Request for Planned Unit Development
District Review of 104 acres for 195 single family detached units and 58 ;
multi-family units; 1st Reading of Ordinance No. 22483, rezoning from Rural
to R1-9.5, R1-13.5 and RI-22 ,for 22.8 acres for residential user Resolution
No. 83-129, approving Preliminary Plat of 22.8 acres for 59 single family 1
lots, Location: east of Highway 101 and south of Townline Road, (Ordinance
No. 22-83 � rezoning and Resolution No. 83-129 , preliminary plat)
City Manager Jul l i e stated notice of this Public Hearing had been published
4 and notification had been sent to property owners within the project vicinity.
t
Francis Hagen, Westwood Planning and Engineering, spokesman for the proponent,
addressed the proposal ,
Planning Director Enger said this proposal had been reviewed by the Planning
Commission on April 25, 1983, and was continued to the May 9, 1983, meeting
to accommodate the realignment of Dell Road to the west. At its May 9th
meeting the Planning Commission voted to recommend approval of the request
subject to the recommendations included in the May 6, 1983, Staff Report.
Director of Community Services Lambert noted the Parks, Recreation & Natural
Resources Commission had reviewed this proposal at its May 16, 1983, meeting.
Discussion at that time revolved around the location and size of the park
as well as how to pay for it. The Commission requested the park boundary
be moved 70' to the west. With that issue resolved, the Commission voted
to recommend approval subject to the recommendations of the Planning Commis-
sion as well as those of the May 6, 1983, Staff Report. Lambert said he
would request the Council to authorize Staff to obtain an appraisal on
this site so negotiations for the acquisition of the park property might
begin, if this proposal is approved.
Enger discussed the possible alignment of Highway 101,
Bentley asked the reason for rezoning only 22.8 acres of the total PUD,
Dick Feerick, developer, stated there are still issues to be resolved
regarding the other areas and he does not wish to hold up work on the
entire project until these are worked out.
City Council Minutes -5- June 7 , 1983
Penzel asked how single family home buyers will be told of the proposed
multiple dwellings to the north. Feerick said he is willing to put up
signs, if necessary, to say what is planned.
Anderson inquired as to the area to be served by the park. Lambert said
it would serve the area north of Duck Lake Trail and west of Dell Road.
Anderson asked how much money would be received in cash park fees from
this project. Lambert said between $200,000 and $250,0OO depending on
the densities. Anderson asked if land could be given to the City in lieu
of cash park fees. Lambert said it could. Bentley asked if the park
dedication was tied to any phase of the proposal . Lambert said it is
not, prior to the realignment of Dell Road things were different.
Feerick said he felt if the property were to be developed in phases,
it would be beneficial to the City as well as the owners if the property
were to be purchased in the cash park fee manner. Enger said Staff would
request the Dell Road as well as the park issue be resolved prior to
2nd Reading of the Ordinance.
Penzel asked why Lochanburn is not connected to Hidden Glen. Enger said
there is a steep hill* and poor site connections in that location; it would
also create a lot of additional traffic through the Lochanburn neighborhood.
Tangen said he felt the water from Lochanburn will go into the backyards
of two of the lots in the Hidden Glen neighborhood. if the through street
were to be eliminated. He said he thinks internal circulation between
neighborhoods is important and he would like to see the connection made.
Enger said the proponent is willing to make the connection if the City
r wants it. Anderson said stop signs might be used to slow down traffic.
(� Feerick noted the Lochanburn residents do not want the connection.
Anderson asked about routes residents would take to get to the park.
Lambert outlined the location of proposed sidewalks in the area.
Stan Riegert, 6611 Lochanburn, said he is against the street connection.
He said he felt more neighbors would have come to the meeting but they
thought the issue had been resolved, Tangen said at the hearing on the
Dellwood proposal he had expressed concerns similar to those which he
expressed this evening.
MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing
and to give 1st Reading to Ordinance No. 22-83 for rezoning. Motion carried
unanimously,
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83,129,
approv';ng the preliminary plat of Hidden Glen for R. M. Feerick & Associates.
Tangen stated he could not support the approval of the preliminary plat without
the addition of the road connection.
AMENDMENT TO MOTION; Tangen moved, seconded by Redpath, to connect Lochanburn
Road to the Hidden Glen subdivision.
a
City Council Minutes -6- June 7 , 1983
Tangen said this action would eliminate a slough in someone's backyard.
f He did not feel the Council should react to neighborhood pressure since
there were valid reasc:r- a— :o why the connection should be made. Redpath
said he felt connections should be made between neighborhoods also. Anderson
said he he could probably go along with this except for the fact that the
Lochanburn residents had spoken against the connection during the Public
Hearing on the Dellwood proposal . He said he would like to see the matter
reviewed by the Public Safety and Engineering Departments for their input
in regard to site distance and drainage problems prior to 2nd Reading.
AMENDMENT TO MOT10N WITHDRAWN with approval of Tonged aitu Redpath,
AMENDMENT TO MOTION: Redpath moved, seconded by Anderson, to refer the
issue of the connection of Lochanburn Road to the Hidden Glen subdivision
to the Public Safety, EnOineerinn, and Planning Departments fGr their review
prior to 2nd Reading. Amendment carried unanimously.
VOTE ON MOTION AS AMENDED: Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath; to direct Staff to draft
w the Developer' s Agreement subject to the recommendations included in
the May 6, 1983, Staff Report, the recommendations of the Planning Commission
and the Parks , Recreation & Natural Resources Commission , and the City
Council ; and allowing for input on the Lochanburn. Road question as well
as resolution of the park issue by Staff, Motion carried unanimously.
, „
B. NORTHMARK 4TH ADDITION by Hans Hagen Homes, Request for zoning amendment
and In-5-nned Unit Development District approval of five acres for multiple
residential land use; Resolution No, 83-131 approving preliminary plat of
five acres for 32 townhouse units, Location! west of Center Way, north
of Nesbitt Preserve Park, (Resolution No, 83-131 - preliminary plat)
Councilman Bentley noted he would abstain from discussion/action on this
item.
City Manager Jullie stated notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Hans Hagen, developer, addressed the proposal .
Planning Director Enger stated the Planning Commission had reviewed this
request at its May 9, 1983, meeting at which time it voted to recommend
approval subject to the recommendations included in the May 6, 1983,' Staff
Report.
There was no report from the Parks , Recreation & Natural Resources Commis-
sion,
There were no comments from the audience.
MOTION; Tangen moved , seconded by Anderson, to close the Public Hearing
and to adopt Resolution No. 83-131 , approving the preliminary plat of
Northmark 4th Addition for Hans Hagen Homes, Motion carried with Bentley
abstaining.
City Council Minutes -7- June 7, 1983
C. EDENVALE 17TH ADDITION by Equitable Life Assurance. Request for Planned
Unit Development District Review; Ist Reading of Ordinance No. 24-839
rezoning from Rural to RM 6.5; Resolution No. 83-130, approving Preliminary
Plat of 9.77 acres for medium density residential use for 21 duplex lots ,
or 42 units. Location: north of Edenvale Boulevard , south of Birch Island
Road. (Ordinance No. 24-83 - rezoning, Resolution No. 83-130 - preliminary
plat)
City Manager Jullie noted that notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Francis Hagen, Westwood Planning and Engineering, addressed the proposal .
He stated they would also like to have the preliminary grading plan approved
now as the excess dirt from Edenvale Boulevard could be used in areas where
they need fill ,
Planning Director Enger said this request had been reviewed by the Planning
Commission at its May 9, 1983, meeting at which time it voted to recommend
approval subject to the recommendations included in the May 6, 1983, Staff
Report as well as the additions as noted in the Planning Commission Minutes,
Director of Community Services Lambert stated the Parks , Recreation & Natural
Resources Commission had voted to recommend approval at its meeting on May
16, 1983, subject to the recommendations included in the Staff Report of
May 6, 1983.
Penzel asked what the buildings would look like, Hagen said he did not
have any pictures available. John Lassen, Edenvale representative, said
Dick Hipp would be the builder.
Bentley asked about the alignment of the roads, Enger said the intersection
was off-set 125' due to a topographic feature and was done so traffic would
go onto Edenvale Boulevard rather than using the interor street system.
Anderson asked about the general transportation system, Director of Public
Works Dietz said Edenvale Boulevard will connect to County Road 67. Anderson
asked how these people will get to Forest Hills Park, Lambert said the road
system should be completed by the time there are residents.
Penzel expressed hope that the facades of the homes will be treated in a less
monotonous manner than those previously built.
Penzel asked if there is any way in which the railroad crossing issue can
be accelerated, City Attorney Pauly said the City does have the right of
eminent domain, Penzel suggested the City take the appropriate action with
the railroad.
Harry Picha , 6649 Birch Island Road, said he would like to have an easement
for sanitary sewer, water and other utilities, Staff will work on the Picha
drainage problem via the Developer' s Agreement,
Lassen noted that work will be done on a pathway system to get residents
to the parks.
f,
City Council Minutes -8- June 7, 1983
Albert Picha, 6525 Birch Island Road , questioned the storm sewer. Hagen
noted the developer will not be allowed to trap water. Staff will be
asked to note this condition in the Developer' s Agreement.
MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 24-83 for rezoning. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-130,
approving the preliminary plat of Edenvale 17th Addition for Equitable Life
AsSu�^u^c_. Mr%+inn Via►^►-marl iinaniM0US1,v,
MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft the
Developer's Agreement taking into consideration the recommendations of
the Staff Report of May 6, 1983, the recommendations of the Planning Commis-
sion and the Parks, Recreation & Natural Resources Commission , and the
resolution of the drainage problem and the appropriate. deposition of surplus
materials generated by Edenvale Boulevard road project, Motion carried unani-
mously,
V. PAYMENT OF CLAIMS NOS. 7652 - '7996
MOTION: Tangen moved, seconded by Redpath, to approve the Payment of Claims
Nos. 7652 , 7996, Roll call vote: Anderson, Bentley, Redpath, Tangen and
Penzel voted "aye, " Motion carried unanimously,
VI . REPORTS OF ADVISORY COMMISSIONS ;y
A. Human Rights & Services Commission - Recommendation for Special Assessment
e _erral for the handicapped an 'elderly
City Manager Jullie referred to Human Services Coordinator Flynn's memorandum
of June 3, 1983, in which the recommendations were addressed.
City Attorney Pauly said he would recommend the Council to direct Staff to
prepare and revise the City Code appropriately,
MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare
an amendment to the City Code and to revise Resolution No, 82404 as
per Human Services Coordinator Flynn '-s memorandum of June 3, 1983,
Motion carried unanimously.
VII . PETITIONS, REQUESTS & COMMUNICATIONS
A. TERRY DOUGLAS. Request for Steep Slope Grading Review, pursuant to Section
11.60 o7_1�ie City Code, Location; north of US 161t west of Eden Prairie
Road in the Minnesota River Bluff's area ,
City Council Minutes -9- June 7, 1983
,
g
Director of Planning Enger reviewed the request and showed slides of the
grading which had been done prior to the time when Douglas became aware
of the provision of the Code regarding slopes. Enger noted the watershed
district had not been contactea by Douglas either. Enger stated Douglas it
had complied with the stop order which had been issued and had applied
for the necessary permits and had installed the requested means to control
erosion (straw check bands) . Enger said the Planning Commission had voted
to recommend approval of the Douglas driveway grading permit as per the
Planning Staff Report of May 20, 1983.
Director of Community Services Lambert stated the Parks , Recreation &
Natural Resources Commission had reviewed this request and had expressed
concern about the view from TH 169 rather than that from the river bottom- and
the ability to control erosion. Lambert reported the Commission had recommended
immediate improvements be made to the road as per the Planning Staff Report
provided that is a temporary road until Beverly Drive is extended to the
Douglas property at which time the road would be returned to its natural state.
Bentley felt there should not be any singe family driveways along TH 169;
additional access could be made available he thought. He asked if any citation
notices were considered, Jullie said this was the first application of this
new ordinance and he thought Douglas should be brought through the process .
Jullie felt Douglas had responded well .
Redpath said he has been on the road which Douglas now uses and for which
he only has an easement; it leaves much to be desired. Bentley said Beverly
ILDrive is very close to the north edge of Douglas ' property.
Anderson said Bloomington has done much to protect the slopes within that
city; he is appalled that something like this has happened since so much
ground work has been done by the City of Eden Prairie to prevent this- sort
of thing. He asked what might be done to prevent this from happening. City
Attorney Pauly said the City can charge Douglas with a violation of the City
Code which is a misdemeanor or a civil action can be brought via an injunc-
tion seeking an order for restoration and prohibition against any further
grading and cutting of the slopes. Pauly noted there is a time problem
with this ; a civil action might be more rapid than a criminal complaint.
Penzel said it appeared to him there were two problems which needed to be
resolved: resolving the problem as it presently is and how to address the
prevention of potential additional damage and secondly, what to do about
the proper enforcement of the Code.
Anderson said he would like to see the road restored. Redpath concurred.
Lambert noted that Douglas had said he would need to have access 85% of
the way down the road because he keeps beehives there and must get to them
with a truck. Anderson noted the beehives could be put elsewhere. Lambert
said Douglas had never heard of the Slope Ordinance. When Douglas applied
for his building permit a few years ago, he was told he would have to have
access from TH 169.
City Council Minutes -10- June 7, 1983
Penzel said he could not see the practicality of having the driveway
removed a year or two from now.
Tangen said he would like to see the Council accept the recommendation of
the Parks, Recreation & Natural Resources Commission and to obtain a written
agreement from Douglas as to the conditions. If Douglas would not agree
to conditions , then a citation should be issued.
Anderson said he agreed with Penzel about the practicality of the matter.
He said he felt the City had an obligation to help Douglas find a way to
get to his property. There was a discussion of erosion problems with
sandy soils .
MOTION: Anderson moved, seconded by Tangen , to give Douglas the opportunity
to restore the road to its previous state or to work with the City to find
an alternate route to his property; action on the land alteration permit
is continued to July 5, 1983. Motion carried unanimously.
VIII . REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Violations of Grading Permits
Anderson said the City must find a means to have areas which are graded
restored; developers should be made accountable for the grading they do.
City Attorney Pauly said language would have to be added to each Ordinance
which specifically addresses grading.
Planning Director Enger said one of the penalties for removing trees
might be having them replaced caliper inch for caliper inch,
Bentley said the City is going to have to start enforcing its regulations
and to be known as a community in which this is done.
Redpath asked if the City now licenses excavators and, if not, can this
be done. Pauly said it is a matter of chargingthem with the Ordinances
we already have -- aggressive enforcement will do it.
There was discussion on the situation to which the Leesborough and Man-
chester residents have complained.
MOTION: Anderson moved, seconded by Tangen,to instruct Staff to develop
the means to enforce the City 's Ordinances and to provide for the
penalties when the violations are committed. Motion carried unanimously.
2. Lake Use Policy
Anderson indicated Riley, Bryant and Staring Lakes are in need of controls:
MOTION: Anderson moved, seconded by Bentley, to direct the Parks , Recre-
ation & Natural Resources Commission to review regulations for Riley,
Bryant and Staring Lakes. Motion carried unanimously.
City Council Minutes -11- June 7, 1983
B. Report of Ci t,Zr Manager
` 1 . Discussion on IRB Reserve Funds, SBA 503 Loan Program, Port Authority,
and Minnesota Star City Designation
City Manager Jullie referred to his memorandum of June 2, 1983, in
which these issues were addressed. He introduced Bob Hanson and Glenn
Keitel , members of the Development Commission, and Bill McGrann and
Jim O'Meara, O'Connor &Hannan, who were present. Ju71ie noted that
these are tools to provide a stimulus for commercial and industrial
development. He stated the Development Commission has been reviewing
reserve system proposals and would recommend proceeding with the
Reserve System proposal .
MOTION: Bentley moved, seconded by Redpath, to direct Staff, with
the assistance of O'Connor & Hannan, to prepare a request and advertise
for proposals to set up and manage an IRB Reserve System; thereafter,
the step-by-step procedure for establishing the system can be followed
as the Council deems appropriate. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to visit
with local bankers 4nd encourage them to participate in the U.S. Small
Business Administration (SBA) Loan Program.and to use the State Develop-
ment Company in lieu of creating City staff for this purpose. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to continue
to pursue permissive legislation at the next session of the State Legis-
lature to create a Port Authority.
McGrann noted it is no longer advantageous to have Port Authority legis-
lation -- Plymouth received it and hopes to set up a free trade zone --
as there are other methods presently available for cities for creative
financing.
VOTE ON THE MOTION: Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to pursue
the goals and strategies of the Minnesota Star Cities Program.
Bentley said this program, in order to be effective, would need a full-
time staff person to direct it. Penzel said the Council should consider
creating the position of Assistant City Manager; this person could be
used to support these programs,
Bob Hanson, Development Commission, said he would support the Council 's
action. He noted that things happen because people are there to make
them happen. Programs such as the Star Cities Program can insure things z
happen.
ti
VOTE ON MOTION: Motion carried unanimously
I
City Council Minutes -12- June 7, 1983
MOTION: Tangen moved, seconded by Redpath, to request that 'City Manager a
Jullie include the position of Assistant City Manager in the 1984
City Budget. Motion carried unanimously.
Bentley said the Development Commission is to be commended for the
work it has done; O'Connor & Hannan is to be included.
2. Ordinance No. 25-83, amending Cable TV Ordinance No. 80-33 setting
forth a description of the facilities to be provided by grantee;
modifying the initial service area; amending the line extension polio
of grantee; prescribing n i nctnl 1 nti.,n rin�rnce Mc cot f'nrtll k n,v,n�.n 3n,4
Vr y. yrr..a.�., �+ ai, lt'y
amendt�_q the exhibits.
MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to
Ordinance No. 25-83. Motion carried unanimously.
3. Award contract for LaVonne Industrial Park, I .C. 52-048 (Resolution
No. 83-115)-- formerly III . E.
Redpath said he would like to have some answers for the people who
live on Leesborough and Manchester; who is to be the watchdog for the
grading that is taking place on the LaVonne Industrial Park site.
City Manager Jullie reviewed the points to be included in a letter
to the City from Undestad, the developer. He noted that the residents
would feel better if they could be assured that there would be land-
scaping.
4L. MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No.
83-115, awarding the contract for LaVonne Industrial Park, I .C. 52-048,
subject to the receipt of a bond by Undestad Development; to request
a restoration plan with trees being replaced on a caliper inch for
caliper inch basis ; ' and to have a report on the progress of this at
the June 21, 1983 , meeting of the City Council . - Roll call vote:
Anderson , Bentley , Redpath, Tangen and Penzel vited "aye. " Motion
carried unanimously.
C. Report of City Attorney
City Attorney Pauly reviewed what his discussions were with the State
Attorney General ' s representative and the State Veterinarian 's Society
regarding the MacCharles' request for a mobile veterinary clinic. It
was determined the City would still request a peddler's license.
Pauly reported on a recent Supreme Court decision regarding the con-
demnation of property for park purposes.
Pauly reviewed the principles involved in building permits on parcels
of less than five acres . He also referred to a memorandum of 1981.
He noted the principles: 1) the landowner does not have an absolute
right to a building permit for a parcel of less than five acres prior
to 1969; 2) the City has the authority to deny issuance of a building
permit unless he can show he is being deprived of all reasonable use
of the property;
City Council Minutes -13- June 7, 1983
Pauly noted the process to be used in appealing a decision: the
Board of Appeals would review the appeal before it would go to the
City Council where the Council would then have to have "findings of
fact. "
Penzel asked if it would be advisable for the Board of Appeals to
have legal counsel .
MOTION: Bentley moved, seconded by Anderson, to direct Staff to provide
legal counsel to the Board of Appeals. Motion carried unanimously.
D. Report of Director of Community Services
1. Request permission to prepare plans and specifications and receive
bids for Staring Lake Park Trail Phase I
Director of Community Services Lambert noted this will complete a
two-mile trail .
MOTION: Tangen moved, seconded by Redpath, to authorize permission
to prepare plans and specifications and receive bids for Staring Lake
Park Trail - Phase I . Motion carried unanimously.
2. Staring Lake Park Trail Easement Agreement
Director of Community Services Lambert referred to his memorandum of
June 2, 1983, in which he addressed the agreement. He noted the Vo-
Tech wishes the easement to be for a 10-year period only.
MOTION: Tangen moved, seconded by Redpath, to direct Staff to corres-
pond to Independent School District 287 the City's objections to the
agreement and to continue negotiations for a minimum lease period of
20 years. Motion carried unanimously.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 11:35 p.m.
Motion carried unanimously.
, .,r .. 7. � n r V,e of. ✓„�,n s,.y Iz�,, .x A '.C�W��,� , P r"u i