City Council - 07/19/1983 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 19, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George
Bentley, Pauly Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Director Chris Enger, Director of
Community Services Robert Lambert, Director of
Public Works Eugene A. Dietz, and Recording Sec-
retary Karen Michael
CATION: Councilman George Bentley
GE OF ALLEGIANCE
ROLL CALL: Councilman Paul Redpath was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: III . J. 2nd Reading of Ordinance
No. 27-83 and Resolution No. 83-180 pertaining to Welsh Construction Offices and
III . K. Joint Resolution_with Chaska and Chanhassen regardingHighway 5 and, 212.
iOTION: Bentley moved, seconded by Tangen, to approve the Agenda and Other
tems of Business as amended and published. Motion carried unanimously.
1INUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 21 , 1983
'age 4, para. 2, line 8: change "building" to "interior" .
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the
City Council Meeting held Tuesday, June 21 , 1983, as amended and published.
Motion carried with Anderson abstaining.
III . CONSENT CALENDAR
A. Clerk' s License List
B. 2nd Reading of Ordinance No. 23-83, Zonis Amendment for RM 6.5, Approval
of Amendment to Developer' s Agreement for Northmark 4th Addition and
Adoption of Resolution No. 83-166, Approving Summar of Ordinance No.
23-83, and Orderi n2___jhe Publication of said Summer for Northmark 4tFi
Addition. Approximately 32 townhouse units north of Nesbitt Par-- k an-
west of Center Way.
City Council Minutes -2- July 19, 1983
C. 2nd Reading of Ordinance No. 33-_83 , Deferment of Special Assessments
for Senior Citizens and Handicapped and adoption of Resolution No.
4r 83-177 � �D. Resolution No. 83-162, approval of overhead transfers
E. Award contract for Homeward Hills Roadway extension, I .C. 52-033
(Resolution No. 83-163) �+
F. Resol_uti_on approving an at-grade railroad crossing of the C & NW
n''% t C.d. ».. .1 D 1.. s .d �D�c� ��i inn p lrr►
r%a1 I ay al. E-denvale Sou evartl �nCJv1 ..� �v.. No.. 83-a65)
G. Final Plat approval for Bluff' s East First Addition (Resolution No. 83-174)
H. Management and Restoration Reports on Bryant and Riley Lakes
I . Resolution No. 83-175, establishing "No Parkin " zone at CSAH 1 east
and west of Ri l.___�r Lake Road __
J. 2ndReading of Ordinance No. 27-83 and Resolution No. 83-180 pertaining
to W__elsh Construction Offices
K. Joint Resolution with Chaska and Chanhassen regarding Highways 5 and 212
(Resolution No. 83-193) � � !^
MOTION: Tangen moved, seconded by Anderson, to approve items A - K on the
Consent Calendar. Motion carried unanimously. (Bentley stated he would have
4L abstained from voting; but because this issue would receive four "yes" votes
if continued, he voted so the proponent would not be further delayed. )
IV. PUBLIC HEARINGS
A. CITY WEST BUSINESS CENTER by Ryan Construction. Request for Planned Unit
Development District Review, Planned Unit Development Amendment Approval ,
Zoning from Rural to I-2, Preliminary Plat approval of 14.05 acres into
two lots for office/service/storage uses, and denial of request for petition
for Environmental Assessment Worksheet. Location: northwest of Shady Oak
Road, west of 169/212. (Resolution No. 83-135 - PUD, Ordinance No. 26-83 -
zoning, Resolution No. 83-136 - preliminary plat, and Resolution No. 83-179 -
EAW) - continued from 6/21/83
City Manager Jullie noted this item was continued from June 21 , 1983.
Al Schackman, Ryan Construction, addressed the request.
Planning Director Enger said the Planning Commission had re-reviewed this
proposal at it July 18, 1983, meeting at which time it voted to recommend
approval of the site plan exclusive of any land uses. The Commission voted
to recommend denial of the request for the petition for an Environmental
Assessment Worksheet. Enger noted the Staff memorandum of July 15, 1983, .
addressing the questions which had been raised by the City Council at its
June 21, 1983, meeting.
City Council Minutes -3- July 19, 1983
Penzel asked if sidewalks had been considered along Shady Oak Road.
Enger said Staff had been considering a sidewalk which will be built
concurrent with the upgrading of Shady Oak Road.
Bentley asked if Schackman had discussed plantings with the residents of
Golden Ridge. Schackman said that proposition had not been directed at
him; this had been discussed between ADI and the Golden Ridge residents.
Bentley said he was concerned because most of the foliage on Golden Ridge
is deciduous in nature and for six months of the year the trees are bare.
He wondered if it was possible to mitigate the impact by planting evergreens
on the hillside. Schackman said it would seem almost impossible, if not
impractical , to get the necessary equipment to the sites where the plantings
would provide the most benefit. He said he did not feel this could be done
in a satisfactory manner.
Anderson asked what types of trees are to be planted on the berm along Shady
Oak Road. Schackman said there will be 7 - 20' Colorado Blue Spruce trees ,
18 - 15' Dundee junipers , 17 chokecherries , 29 dogwoods , 12 cottoneasters,
and 68 arrowwoods included in the first phase.
Penzel asked Scott Anderson, representing ADI , if he had attempted to contact
the Golden Ridge neighbors since the last Council meeting. He said he had not
but during the past two weeks they had been trying to complete the berm plant-
ings -- which were damaged in today' s storm.
Duke Addicks ,> attorney for the Golden Ridge residents , said his clients are
accepting of the decision on the EAW. He said the efforts which have been
4Lmade as to the design of the buildings is superficial . He noted the major
issue of concern to his clients, and one which should be of major concern to
the City Council , is should the City allow this portion of the City to become
an industrial park. Addicks also reviewed the concerns regarding landscaping.
Penzel asked about the rationale behind the traffic lights at Rowland Road.
Enger said the proposal for the traffic light at Rowland Road was brought
about by the City' s continued study of the amount of traffic expected from }
development in the area and where access points might be along Shady Oak t
Road. Enger said this had been reviewed by the City's traffic consultants
and Hennepin County and this was determined to be the best location; this
is something which will be brought before the Council in the near future.
Bentley said his initial reaction to this proposal was the same as that of
Addicks. After considerable discussion he felt the decision came down to
control of the uses in an I-2 or high-tech office zone. He said he felt if
a high-tech office zone were available there probably would not be a problem.
Bentley said Addicks had mentioned the Guide Plan and how this proposal would
fit into what was proposed. It was his feeling that what is proposed is
closer to what had been viewed by the Guide Plan than to what might have been
intended in the 1982 PUD. Bentley expressed concern as to the impact 100%
office use might have on the area in view of the fact that that use might
be better built in the Major Center Area. He said he would support the
City Council Minutes -4- July 19, 1983
project as it is because he does not feel it is that much different from
what had been proposed. Tangen noted the Planning Commission had reviewed
the proposal and had agreed that all issues, except that of land use, had
been resolved. He said the project has been improved since the time it first
came before the Council ; he felt he could support the project even though he
does not think the City has the proper zoning classification for the use
proposed. Anderson said this is a new type of building and there is a
demand for buildings of this type; he felt this project would be an asset
to the community. Penzel said he had considered this proposal for a long
time and felt there had been a serious attempt to resolve the issues which
had been raised. He felt the plans of the City must change with the times.
It was Penzel ' s feeling that this proposal is consistent with the original
context of the Guide Plan and he said he would support the proposal .
MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing
and tc adopt Resolution No. 83-135, approving the Planned Unit Development
Amendment of City West PUD for Ryan Construction. Motion carried unanimously.
MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance
No. 26-83. Motion carried unanimously.
4 MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. '63-136,
approving the preliminary plat for Ryan Construction/City West. Motion
carried unanimously.
MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 83-179,
denying the request for petition for Environmental Assessment Worksheet for4L
West Business Center Proposal by Ryan Construction; and to direct Staff
to prepare a Developer's Agreement per Commission and Staff recommendations ,
and to work with residents of Golden Ridge to develop a planting plan for
this project -- on-site planting plan to be reviewed by City Staff. Motion
carried unanimously.
B. PLAZA DRIVE remnant vacation.
MOTION: Bentley moved, seconded by Tangen, to table action on the Plaza
Drive remnant vacation to a date not certain. Motion carried unanimously.
C. COMMERCIAL STABLES ORDINANCE. (Ordinance No. 34-83 - Commercial Stable
Code - amending City Code Chapter 11 , Section 11. 10, Subdivision 2 by adding
thereto Subparagraph E which adds Commercial Stables as permitted uses in
certain portions of the Rural District and Section 11.02 , 43 , defining
Commercial Stables, redefining Section 11.02, Item 3, "Agriculture,"
"Stable-Commercial ," and amending City Code Chapter 5 by adding thereto
Section 5. 70 relating to the licensing and regulation of Commercial Stables ,
and adopting by reference City Code Chapter 1, Section 5.01 through 5.11
and Sections 5.99 and 11 .99 which, among other things , contain penalty
provisions)
- -
City Council Minutes -5- July 19, 1983
City Manager Jullie said notice of this Public Hearing had been published {
and notices had been sent to twelve existing or anticipated stable operators .
Jullie also noted that he had met with Sally Brown to review the Ordinance
requirements; she had not contacted him with any suggested changes.
Zoning Administrator Jean Johnson was present to answer questions.
City Attorney Pauly stated- the definition had been revised to delete the
raising of horses for sale from the ordinance; this activity can only
continue as a non-conforming use.
There were no convnents from the audience.
MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing
and to give 1st Reading to Ordinance No. 34-83. Motion carried unanimously.
D. HIGH TRAIL ESTATES 2ND ADDITION _�y Countryside Investments , Inc. Request for
zoning from Rural to R1-13 .5 and Preliminary Plat of 10 acres for 21 single
family detached lots . Location: 6451 Duck Lake Road. (Ordinance No. 35-83 -
zoning and Resolution No. 83-168 - preliminary plat)
City Manager Jullie stated notice for the Public Hearing had been published
and property owners within the project vicinity had been notified.
Peter Knaebele and Al Gray, RCM, engineers for the proponent, addressed the
proposal .
Director of Planning Enger said the Planning Commission had reviewed this
proposal at its June 6, 1983, meeting at which time the Commission suggested
modifications and again at its June 27, 1983, meeting at which time the
revised plan was submitted . The Planning Commission voted to recommend
approval of the revised plan subject to the recommendations included in the
Staff Reports dated June 3, 1983, and June 24, 1983 .
Director of Community Services Lambert stated the Parks , Recreation & Natural
Resources Commission had voted to recommend approval of the proposal at its
meeting on July 18, 1983, subject to the recommendations of the Staff Report.
Anderson asked how encroachment into the lowland area is to be accomplished.
Gray said it will be handled via the drainage easement which will be required
by the City.
Tangen inquired about the property to the north and asked if this would be
served by a cul-de-sac, Enger said this cul -de-sac is dictated by topo-
graphic features and would only serve the High Trail Estates Addition.
JoAnn Badenhop, 16950 North Manor Road, questioned the lot lines in regard
to her home which abuts the proposal ,
George Carlson, 16171 South Hillcrest Court, said there is a lack of through
streets in Eden Prairie ; he would like to see more access provided for people
who are not travelling in cars.
City Council Minutes -6- July 19, 1983
MOTION: Anderson moved, seconded by Tangent, to close the Public Hearing.
Motion carried unanimously.
MOTION: Anderson moved, seconded by Tangen, to give 1st Reading to Ordinance
No. 35-83. Motion carried unanimously.
MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-168,
approving the preliminary plat of High Trails Estates 2nd Addition for Country-
side Investment, Inc. , and to direct Staff to prepare a summary resolution
taking into consideration the recommendations included in the Staff Report
as well as the comments made by the Council . notion carried 'unarnmoulsy.
Penzel said he had a concern regarding the dumping of construction debris on
Countryside property. Arvid Schwartz, Countryside Investments , said he was
unaware that there was a problem; he noted that they had sold a couple of
the lots to which Penzel was referring but he would check into it.
E. CROSSROADS TOWNHOMES by Baton Corporation . Request for preliminary plat
6V5_.0 acres for seven 7 townhouse buildings. Location: south of Pioneer
Trail across from Prairie Fast 6th Addition. (Resolution No. 83-169 - pre-
liminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners within the project vicinity had been notified.
Richard Jedlicki , Baton Corporation, addressed the proposal ; he especially s
noted the parking provisions .
Director of Planning Enger said the reason for the request for a preliminary
plat, which had originally been reviewed as part of the Bluffs East PUD, was
for ease of financing. He noted the Planning Conxnission had reviewed this a
at its June 27, 1983, meeting at which time it voted to recommend approval 3
subject to the recommendations included in the Staff Report dated June 24,
1983_
This request was not reviewed by the Parks , Recreation & Natural Resources
Commission.
Discussion ensued on the number of parking spaces. Jedlicki said there
would be 2. 5: 1 spaces provided with a provision for 3: 1, if necessary.
He noted an option being offered buyers is a tandem garage provision.
Bentley asked if all the materials requested of the developer had been
provided to the City. Enger said not all materials had been received.
Susan Hustad, representing the developer, said a bond would be posted
by the contractor.
City Council Minutes -7- July 19, 1983
Bentley asked if the parking shown meets the requirements of the parking
ordinance.4rEnder said it does not because one space (one of each of the
2. 5) is "obstructed" . The driveway space is counted as one half and an
additional one half space could be provided elsewhere. Enger noted how
the parking at Burning Tree apartments has worked -- that is the basis for
determing the number of spaces which are necessary for this project.
MOTION: Bentley moved, seconded by Anderson , to close the Public Hearing
and to adopt Resolution No. 83-169, approving the preliminary plat of Cross-
roads Townhomes by Baton Corporation with the stipulation that there be 22
spaces per urn i t w i t h the provision that the homeowner'S at'.^,^ States
that additional parking will be provided (three stalls per unit) ,if necessary,
and that the bonding for storm sewer be completed prior to the granting of
building permits, Motion carried unanimously.
F. FLYING CLOUD BUSINESS CENTER by_ Investment Services Group. Request for
Zoning from Rural to I-2 Park of approximately�0.5 acres and Preliminary
Plat of 2.9 acres , including vacation of McKinley Lane right-of-way and
drainage easements for office/warehouse uses. Location: Flying Cloud
Drive and McKinley Lane. (Ordinance No. 36-83 - zoning and Resolution
83-170 - preliminary plat)
City Manager Jullie said official notice of this Public Hearing had been
published and property owners within the project vicinity had been notified.
Tony Feffer, Investment Services Group, spoke to the proposal .
Planning Director Enger said the Planning Commission had reviewed this
proposal at its June 27, 1983, meeting at which time it voted to recommend
approval of the preliminary plat and rezoning and the vacation of McKinley
Lane right-of-way subject to the recommendations included in the Staff Report
of June 24, 1983.
This proposal was not reviewed by the Parks, Recreation & Natural Resources
Cocnmi s s i on.
Bentley asked how the value of the property (McKinley Lane right-of-way)
would be determined. Enger said the City had asked Feffer to submit an
appraisal ; the appraisal was for $28,000. Tangen asked if this seemed to
be within a range of other properties in the area. Jullie said City Assessor
Martz had checked the appraisal and found it to be reasonable,
Tangen asked if the loss of the oak tree on this property could be replaced
caliper inch for caliper inch. Enger said that could be done,
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to give 1st Reading to Ordinance No. 36-83. Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-170,
approving the preliminary plat of Flying Cloud Business Center for Invest-
ments Services Group and directing Staff to prepare a summary resolution.
Motion carried unanimously,
City Council Minutes -8- July 19, 1983
MOTION: Bentley moved, seconded by Tangen, to set August 16, 1983, as
the date for a Public Hearing on the vacation of McKinley Lane. Motion
carried unanimously.
G. ANDERSON LAKES PARKWAY Feasibli1ity_ Report, I.C. 52,035.
City Manager Jullie stated that notice of this Public Hearing had been pub-
lished and mailed to property owners listed on the preliminary assessment
roll .
Director of Public Works Dietz reviewed the Feasibility Report noting the
cost of the City' s portion of the improvement would be $306,657.
Penzel called attention to a letter of July 18, 1983, from Northrup King
Co. regarding the Feasibility Report. (See attached. )
Jullie noted work underway by Staff in regards to a Capital Improvement
program for the City, He said it might be appropriate for the Council to
continue consideration of this proposal until such time that the Council
has determined a priority listing of the needed road improvments within
the City.
R
George Carlson, 16171 South Hillcrest Court, said he would like to see
a shoulder provided on the roads so that bikers and runners have their
own space.
Ed Ressler, Northrup King Co. , said they have hired Tandem Corp. to assist
them in developing their property. He spoke to the three issues addressed
in the letter referred to earlier. He said he would like to have the
Public Hearing continued.
Sherrill Kruetich, Larkin, Hoffman, Daly & Lindgren, Ltd, , attorney rep-
resenting Norwest Bank of Bloomington, one of the landowners , spoke to
the types of soils and housing which might be built, She said an assess-
ment of this amount would make the land economically undevelopable, She
said her client would like to work with the City for their mutual benefit.
Bentley said this is a very important project for the City; and noted
this is important to the overall transportation system in the City,
Bentley added the comments heard tonight were worthy pf note.
MOTION: Bentley moved, seconded by Tangen, to continue the Public Hearing
to September 20, 1983. Motion carried unanimously.
H. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE _AMOUNT OF
$500,000.00 for Cotton/Hagen Partnership 'Resolution Not 83-171)
City Manager Jullie said notice of this Public Hearing had been published,
Stan Johannes, Rothschild Financial Corporation , spoke to-the request,
City Council Minutes -9- July 19, 1983
There were no comments from the audience.
MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing
and to adopt Resolution No. 83-171, giving preliminary approval to a
proposed industrial development project. Motion carried unanimously.
I . REQU 00EST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
V2, 0,00 0.00 FQR BB PARTNERSHIP - Resolution No. 83-172T T
City Manager Jullie said notice of this Public Hearing had been published.
Brad Hoyt, representing BBS , spoke to the request.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing
and to adopt the revised draft of Resolution No. 83-172, determining to
proceed with a project and its financing under the Municipal Industrial
Development Act, referring the proposal to the Department of Commerce for
approval and authorizing preparation of necessary documents. Motion
carried unanimously.
REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
T1,600,000. 00 FOR TRI-COR PROPERTfFS (-Resolution No. 83-f73j
City Manager Jullie said notice of this Public Hearing had been published.
4LDick Riley, Dougherty, Dawkins, Strand & Yost Incorporated, spoke to
the request.
There were no comments from the audience .
MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing
and to adopt Resolution No. 83-173, giving preliminary approval to a
project under the Municipal Industrial Development Act, referring the
proposal to the Commissioner of Energy, Planning and Development for
approval and authorizing preparation of necessary documents , Motion
carried unanimously.
AYMENT OF CLAIMS NOS. 8487 - 8753
MOTION: Tangen moved , seconded by Anderson, to approve the Payment of Claims
Nos. 8487 - 8753. Roll call vote: Anderson, Bentley, Tangen and Penzel voted
"aye. " Motion carried unanimously.
VI . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
;I
City Council Minutes -10- July 19, 1983
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. TARGET. Request for Site Plan Review for Retail Service Use. Location:
east of Highway 169, north of Prairie Center Drive.
Dick Brooks , real estate manager for Target, addressed the request. He
said that Target would accept the recommendations included in the July
15, 1983, Staff Report and recommended by the Planning Commission with
the exception of the brick exterior. Dale Hamilton, Suburban Engineer-
ing, discussed the site plan. Michael Moorman, architect, spoke to }
the architectural objectives of Target.
Planning Director Enger stated the Planning Commission had reviewed
this request at its meeting on July 18, 1983, at which time discussion
centered around how to most effectively deal with the truck maneuvering
area. The treatment of the loading area was of concern to the Commission.
Penzel stated his concern regarding the hardiness of the Austrian pine
trees which are to be planted as screening. He also inquired as to the
truck parking area which he would like to see further enclosed to provide
"dark parking. " Penzel explained the Council 's position on brick buildings. tl ,.
Bentley noted his concern regarding the building material . He said that
within the Major Center Area it would be beneficial if all construction
were of brick to provide a long term image which the City has tried to
convey. Moorman said Target has attempted to create a strong design
image throughout the country -- one which is easily recognized. He said
they have used exposed aggregate and that it is compatible with brick.
He said they felt aggregate to be a quality product -- as much so as brick.
MOTION: Bentley moved, seconded by Anderson, to continue the meeting beyond the
11 :30 p.m. time limit. Motion carried unanimously.
Enger said he felt the truck loading area will be adequately screened
but the maneuvering area would not be adequately screened. It was noted
by Brooks that the company policy would be to not park trucks in this
area. Enger said this would be a very difficult thing to enforce. Brooks
said Target would extend the retaining wall to provide adequate screening
as determined by the City.
Tangen said he had a problem with saying that brick was always required.
He said he finds the aggregate to be attractive and asked if Staff felt
this was quality material . Enger said the cast concrete aggregate panels
are better than the epoxy aggregate panels. He said he would be happy
to review this further with the Building Department. He noted that
exposed aggregate has some advantages. Bentley said he would like to
have Staff put together a study on different types of building materials
so the Council would have more of an idea as to what types of materials
might be permitted and under what conditions . Anderson said his concern
was that the City Council has held the line on brick for a number of years
and might now be going against what has been done in the past. Penzel
said he thought brick should be required because it would provide for
consistency; allowing aggregate panels would set a precedent; and the
Council should give consideration as to what the City' s objective should
be.
City Council Minutes -11- July 19, 1983
Tangen said he felt the Council should be open to new materials and
changes in technology. Penzel said it is a question of compatibility;
he asked City Attorney Pauly if this would hold up legally. Pauly
said "compatible" denotes a practical , utilitarian concept and also
can be aesthetic which then makes it more subjective.
MOTION: Tangen moved, seconded by Bentley, to approve the site plan
_ review subject to the recommendations of the Planning Commission and
the Staff Reports of July 15, 1983, and June 24, 1983; but allowing
the use of a—regatn 5s the nvt�fv++nv. i : 1 Motion a �-e
7y. ��u...,. ....a w.e ...n Vt.t .V/ Iii4 1.c'�1 tal . 1'lo tl V11 loses on a VVVC
of 1 - 3 (Tangen voted "aye. " )
MOTION: Bentley moved, seconded by Anderson, to approve the site plan
review subject to the recommendations of the Planning Commission and
the Staff Reports of July 15, 1983, and June 24, 1983, calling for a
brick exterior, there be a provision for "no parking" in the truck
manuevering area, and the truck parking area will be adequately screened .
Motion carried unanimously.
VIi ' . ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 22-83, Zoning from Rural to R1-9.5, R1-13.5 ,
and R1-22, approval of Developer' s Agreement for Hidden Glen, and Adoption
of Resolution No. 83-167, Approving Summary of Ordinance No. 22•_-83 . and
Orderin�_ the Publication of said Summar,�for Hidden Glen.. 22.8 acres
for 59 single family lots south of Townline Road and east of Highway 101 .
4LCity Manager Juliie said he had discussed the Lochanburn connection
with Director of Public Safety Hacking and Hacking did not find it to
be an overriding concern; he felt Lochanburn should be regraded if the
connection is to be made.
Anderson said he would like to have trails through the area; it is difficult
to get from one place to another except by car. Penzel said he would like to
see a street connection rather than a trail connection for safety reasons.
George Carlson, 16171 South Hillcrest Court, spoke to the issue of having
streets connect neighborhoods; this is especially important to runners and
bike riders.
Dick Feerick , proponent, noted there is a connection to the park from
another part of the area. He spoke to the grades in the area of Lochan-
burn where the connection would be made.
Penzel asked if the City had any information regarding the park acquisition
costs as well as estimates for Dell Road. Enger said there were no figures
available yet for the Dell Road project; the Developer's Agreement takes
note of this. Director of Community Services Lambert said he had just
reviewed the appraisal with Feerick and details of it had yet to be worked
out; he felt purchase terms could be worked out. City Attorney Pauly noted
the terms of the Developer's Agreement as worded are not enforceable; it
would be best to hold action until the terms are agreed to.
City Council Minutes -12- July 19, 1983
MOTION: Tangen moved, seconded by Anderson, to have the Lochanburn connection
required in the final plat.
Bonnie Riegert, 6611 Lochanburn Road, said she does not want to be isolated
but she sees no ne'bd for the connection. She felt that kids would find
their way to the park no matter if there was a connection or not.
Bentley said he did not see an overriding need for this connection. Tangen
noted that trails are not plowed in the winter which makes them unusable
for a number of months out of the year.
VOTE ON THE MOTION: Motion carried with Bentley voting "no. "
The concensus was to hold action on the Dell Road assessments issue and
the park acquisition costs subject to the receipt of all the necessary
documents.
MOTION: Anderson moved, seconded by Bentley, to authorize the proponent
to start grading while consideration of the rezoning issue and final plat
approval is continued to the August 2, 1983, meeting or at a sooner date
at the discretion of the Mayor. Motion carried unanimously.
�. Final Plat approval for Hidden Glen (Resolution no. 83-178)
Action on this item was included in the previous motion.
PORTS OF OFFICERS, BOARDS &_COMMISSIONS
'Reports of Council Members
Penzel reminded Council members of the breakfast meeting scheduled
for 7: 30 a .m. , Thursday, August 4, 1983, with Councilmen from Chanhassen
and Chaska and Highway Commissioner Braun to discuss TH 212, 5, and 169.
He noted that County Commissioners and Legislators had also been invited
to attend this meeting.
B. Report of City Manager
1. Custodial Services for the Public Safety Department
City Manager Jullie called attention to his memorandum of July 15 ,
1983, in which he addressed Public Safety Director Hacking's request.
MOTION: Anderson moved, seconded by Tangen, to promote the part-time
custodial position to a full-time position as of August 1 , 1983, as
outlined in City Manager Jullie' s memorandum dated July 15, 1983.
Roll call vote: Anderson, Bentley, Tangen and Penzel voted "aye."
Motion carried unanimously.
1 n -
City Council Minutes -13- July 19, 1983
C. Report of-City Attorney
City Attorney Pauly reported on the status of the Douglas grading permit.
Pauly noted the Supreme. Court issued a decision on the open meeting law:
essentially they held that a conversation between less than a quorum
does not violate the open meeting law.,
D. Report of Director of Community Services
1. 1984 LAWCON Grant
Director of Community Services Lambert addressed his memorandum of
July 7, 1984, in which he reported the Parks , Recreation & Natural
Resources Commission had recommended the City Council apply for a
Lawcon grant for the purchase of the Hendrickson property for the
expansion of Riley Lake Park.
MOTION: Anderson moved, seconded by Tangen, to authorize Staff to
proceed with the Lawcon grant application. Motion carried unanimously.
2. Edenvale Land Dedication Requirements
MOTION: Tangen moved, seconded by Anderson, to accept the deed for
the Edenvale Park contingent on receipt of a letter from K. Schumacher
saying the taxes have been paid. Motion carried unanimously.
4LE. Report of Planni rector
There was no report.
F. Report of Director of Public Works
1. Award contract for Rymarland _:Amp 3rd Addition, I.C. 52-043 (Resolution
No. 83-164T-
MOTION: Tangen moved. seconded by Bentley, to adopt Resolution No.
83-164, accepting the bid for the Rymarland Camp 3rd Addition project.
Roll call vote: Anderson, Bentley, Tangen, and Penzel voted "aye. "
Motion carried unanimously.
NEW BUSINESS
There was none.
XI . ADJOURNMENT
MOTION: g";L1-y moved, seconded by Penzel , to adjourn the meeting at 1 :07 a.m.
Motion carried unanimously.
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