City Council - 06/18/1985 APPROVED MINUTES
EDEN PRAIRIE CIT`I COUNCIL
TUESDAY, JUNE 18, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary D. Peterson, Richard Anderson, (,- -ge
Bentley, Patricia Pidcock and Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J. Juilie, Assistant to tt.-=
City Manager Craig Dawson, City Attorney Roo---
Pauly, Finance Director John D. Frane, Plan-� - g
Director Chris Enger, Director of Community
Services Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording Secret..
Karen Michael
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilmember Richard Anderson was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item II. I . Autumn Woods 3rd Addition was removed from the Consent Calendar
and continued to a date not certain; item II. B. regarding the Gould Kennel
was taken off the Clerk 's License List portion of the Consent Calendar to be
discussed separately ; item V I . A. Lueck sewer/water connection fee was placed
on the Consent Calendar as II . N; and item IX . D. 1 . Round Lae tudy Proposal
was removed from the Agenda.
MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda and Other
Items of Business as amended and published. Motion carried unanimously.
II . CONSENT CALENDAR
A. Approval of Police Division Operations Manual
B. Clerk' s License List (with the exception of the Gould Kennel License)
C. Agreement with HPB Limited Partnership regarding special assessments for I,- �-
nol ogy Drive adjacent to Hoyt Roberts Addition
D. Final plat, Ridgewood blest Plat 5 (Resolution No. 85-141)
E. Final plat, Edenvale Executive Center Two (Resolution No. 85-142)
F. Final plat, Mark Charles Third Addition (Resolution No. 85-143)
G. Petition to Nine Mile Creek Watershed District for Smetana Lake Outlet
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H. Approve plans and specifications for Tanager Creek im rovements Edenvale
Boulevard and set bid opening for July 11, 1985 , I .C. 52-060 Resolution
No. 85-144 :
I . AUTUMN WOODS 3RD ADDITION, by Trumpy Homes. 2nd Reading of Ordinance No. ;
14-85, zoning district change from Rural to R1-9.5 on 2.64 acres, RM-6.5
to RI-9.5 on 2. 37 acres, approval of Developer's Agreement for Autumn Wood%
3rd Addition, and adoption of Resolution No. 85-139, approving Summary of
Ordinance No. 14-85 and ordering publication of said Summary. 5.01
acres into twelve single family lots. Location: east of Highway #101,
north of Chicago, Milwaukee, St. Paul , and Pacific Railroad. (Ordinance'
No. 14-85 - rezoning and Resolution No. 85-139 - approving Summary and
Publication) - this item was continued to a date not certain.
J. RIDGWOOD WEST PLAT V by Centex Homes, Inc. 2n4 Reading of Ordinance No.
16-85-PUD-2-85 for Planned Unit Development District Amendment on 6.03
acres , with variances and zoning district change from RI-13.5 to R1-9.5,
approval of Developer's Agreement for Ridgewood West Plat V, and adoption
of Resolution No. 85-140, approving Summary of Ordinance No. 16-85-PUD-2-8
and ordering publication of said Summary. 6.03 acres into 27 single family
lots. Location: Saratoga Lane and south of Wellington Drive. (Ordinance
No. 16-85-PUD-2-85 - rezoning and PUD District Review and Resolution No.
85-140 - approving Summary and Publication)
K. JUHL PACIFIC by Opus Corporation. 2nd Reading of Ordinance No. 18-85, zon; c
district change from Rural to I-2 Park on 4.5 acres; approval of Developer* :
Agreement for Juhl Pacific, and adoption of Resolution No. 85-145, approvin7
( Summary of Ordinance No, 18-85 and ordering publication of said Summary.
61,000 square foot office/warehouse. Location: southeast corner of
Valley View Road and Equitable Drive. (Ordinance No. 18-85 - rezoning
and Resolution No. 85-145 - approving Summary and Publication)
L. 1984 FINAL BUDGET (Resolution No. 85-154)
M. Set 6:00 .m. Tuesday, July 16 1985, as date and time for stud session
on Transit Alernatives Study Opt-Out
N. Lueck sewer/water connection fee. (continued from June 4, 1985)
formerly V1 . A.
MOTION: Redpath moved, seconded by Pidcock, to approve items A - H and
J - N on the Consent Calendar with the exception of the Gould Kennel License
under item B. Motion carried unanimously.
Bentley said the public Safety Department is to be commended on its fine job
on the Operations f1anual .
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Gould Kennel License - Dale Evans , 17017 West 62nd Street, said his property
is adjacent to the Gould property. He noted that Gould has had a private
l kennel license and that as many as 40 dogs have been observed there.
Redpath stated that when the first kennel license was granted to Gould there
was very little, if any, development in this portion of the City.
Evans said this has not become a business for Gould; dogs are bred and sold.
He said the license now states that Gould can have 18 dogs, 12 of which can
be adult dogs. City Manager Jullie said Gould now has 21 adult dogs and 3
pups.
Peterson said he felt the issue was a question as to the number of dogs and
the Ci ty' s responsibility.
City Attorney Pauly referred to the provisions of the City Code which govern
this matter.
Bentley suggested this matter be continued to July 2nd to allow Staff time to
review this.
Pidcock asked the size of Gould' s property. Evans said it was about 3/4 - 1
acre in size.
Redpath said the City could consider giving Gould a six.month license which
would allow him time to move his operation.
Bentley said he felt the question was whether this was a private or a
commercial operation.
MOTION: Bentley moved, seconded by Pidcock, to continue action on this
item to the July 2, 1985, meeting of the City Council . Motion carried
unanimously.
III . PUBLIC HEARINGS
A_ WOODLAKE SANITARY SERVICES, INC. Request for Planned Unit Development
Concept Amendment for approximately 313 acres; rezoning of approximately
14.44 acres in the Rural District to a district created specifically to
allow the establishment of a temporary landfill or rezoning to a district
presently identified in the Zoning Code by amending the permitted use
section of such district to allow the operation of a temporary landfill ;
Development Stage Planned Unit Development approval for approximately
313 acres; and authorize an expansion of area to be used •for sanitary )
landfill purposes from approximately 107. 1 acres to approximately 148.9
acres. Location: southeast of Flying Cloud Drive-In Theater. (Ordinance
No. 4-85)
Mayor Peterson noted there are two requests before the City, one of
which would be presented this evening; the other to be presented to
the Council at its meeting on July 2, 1985. Peterson said he had met
with some of the neighbors ; they may choose to wait unitl the July 2nd
meeting to voice their comments.
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City Council Minutes -4- June 18, 1985
City Attorney Pauly indicated Rick Rosow of his office had been in contact
with Dick Nowlin , attorney for the proponent, and they had come to the
decision that a final decision on this matter could be extended to the
July 16, 1985, meeting of the City Council .
Peterson asked if this meant the proponent would not make a full presen-
tation this evening. Nowlin said that was correct.
Redpath said he would l ike to see the July 2, 1985 , meeting used exclusivel "
for the BFI Hearing with other Hearings and business scheduled for another
time; or, if that is not possible, then to schedule a special meeting at
which time the BFI matter could be considered. It was noted that Public
Hearings had been scheduled for July 2nd already.
City Manager Jul l i e stated notice of this Public Hearing had been published
and notices were sent to property owners within the project vicinity.
Dick Nowlin, attorney for the proponent, addressed the proposal . Nowlin
indicated he would respond, in part, to the Staff Report to the Planning
Commission dated May 23, 1985. He noted he would not address the covered-
cap i eachate 1 4 ner and collection system or the ground water quality
at this time; either written material or a direct presentation from the
proponent's consultants would be provided at a later date. Nowlin said
the Minnesota Pollution Control Agency (MPCA) was presently reviewing
and commenting on a concept plan dealing with the liner and collection
system and the covered cap. Nowlin confirmed the fact that no grading
plan had been prepared as yet which was compounded by the MPCA's concern
over the cap and the timing for the submission of plans for the final ele-
vations of the landfill . He also indicated that a final plan would not
be available until about three months after the MPCA has issued the permit
because the WCA's cap will impact the final grading plan. Nowlin stated
there will be a need for the cap, the proponent will be putting materials
on top of the cap to achieve the proposed end use, if the final end use is
approved. Nowlin said the proponent would appreciate consideration of the
permit which provides for the Counci 1 ' s review and approval of the final r-
use plan after the Council has acted on the main land use applications. `
He stated that, should this not be in conformance with City requirements,
they would be agreeable to a condition which would make continued operate r
conditioned on completion of appropriate and approvable final land use plat-
for the facility.
Nowlin also said that two additional issues which would not be addressed
this evening would be the compensation issue and traffic. He stated they
are still working on property values both in terms of trying to assess they
potential impact as well as the issue of protection. Nowlin said they are
working on the preparation of a supplemental traffic report to the EIS.
Nowlin stated that this past week they had received the Hennepin County
Draft Permit for license which calls for the development of a landfill
liner; that was also recommended by the Metropolitan Council. He said
the proponent is supportive of that as was stated in their application.
Nowlin noted the Metropolitan Counci 1 ' s comments had been forwarded to
the MPCA. Included among the Metropol itan Counci I Is determiniations
were limitations of the life of the landfill for ten years•; a requirement
that horizontal expansion area only be used with the vertical expansion a►.. •_
not to be used for processed waste after March 1986. Nowlin said the
MPCA postponed its tentative schedule for acting on the permit until
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City Council Minutes -5- June 18, 1985
its July meeting. Nowlin noted that Hennepin County action was antici -
pated sometime in mid-July.
L Nowlin reviewed the history of the application process; he noted that
in February of this year the application was revised to request a zoning
amendment as well as 'a PUD amendment. Nowlin stated the Staff Report of
May 23rd concluded that the entire horizontal and vertical landfill areas
must be included in the zoning amendment. He stated that they maintain
that,from a technical and legal standpoint,the use is, in fact, a non-
confomi ng use and that the amendments are not absolutely necessary since
the request is simply to keep the use in operation. He said when the
process was begun in 1982 the intentions were to expand the operation
of the landfill because they were running out of capacity and the need
for more space was demonstrated; the intention was not necessarily to
develop a golf course for the City of Eden Prairie. Nowlin said
there had been a significant change since 1982 in that the decision
had been made to shift from one type of solid waste disposal to another
that being from a system which relied heavily on landfills to a system
which relies on resource recovery and waste reduction. Nowlin noted
material in the Staff Report as well as in the Staff's presentation to
the Metropolitan Council which questi onned the need for the landfill
and which argued that expanded capacity was inconsistent with the Met-
ropolitan Counci l 's Solid Waste Policy. Nowlin stated they were requesting
5,644 acres feet of additional capacity; the metropolitan area needs about
8,700 acre feet between now and the year 2000 of which Hennepin County
will need 3,400 acre feet. Nowlin said they were asking for more than
was needed; the Metropolitan Council had considered that argument and
had reviewed it. Nowlin said their analysis of disposal statistics
indicate that 1 ,400,000 cubic yards of waste was disposed of last year
or approximately 500 acre feet; they expect an increase of about 10% per
year over the next 5 years. Nowlin explained that Hennepin County intends
to be on line with a resource recovery and waste reduction facility by
1990. He said that an additional landfill or two will be needed in Hennep4
County in the next decade. Nowlin noted that the Flying Cloud Landfill is
the only landfill in southern Hennepin County and cited which landfills
are at or near capacity. Nowlin stated the Flying Cloud Landfill now
consumes about 23% of all the waste disposed of in the metropolitan area;
i t i s the second i argest I andfi 11 i n the metropol i tan area.
Bentley questioned the end use plan. Nowlin said that an end use cannot
be considered in terms of land use; he said they do not want to say what
the grade will be unless they know what the end use will be. Nowlin
stated the MPCA has said it would like to see a 6% grade on the cap;
they want to preserve the integrity of the cap, Bentley said he felt
the end use question should be consider separately from the rezoning;
the end use must be considered no matter what is done, Nowlin indicated
he felt the difference between a cap and the end use should be discussed
with the MPCA.
City Council Minutes -6- June 18, 1985 i
Redpath asked how long the landfill would be used as a disposal site
for ash residue. Nowlin said that was dependent upon a lot of things
such as whether or not Hennepin County is able to have two facilities.
He said the volume would be reduced by 50% using this method. Nowlin
stated the start up of the plant might be delayed and reconsideration
would have to be given as to what would happen during that one or two
year period. Redpath asked for clarification as to what was meant by
the "kettle." Nowlin said he used that term in reference to the 105
acres which is under use now -- the kettle plus whatever has been
excavated at the sides.
Nowlin said the Staff Report talks about the potential impact on the
airport. He said he had spoken with representatives of the Metropolitan
Airports Commission and their position remains that of "no opposition"
to the expansion. He said there have been isolated situations where
there have been bird strikes but those have occurred at migration times.
Redpath said he has heard of incidents of bird strikes which are not
recorded because the FAA only records incidents which result in a
crash. Nowlin said the EIS points out that the incidents only occur
twice a year. Nowlin said he was not aware of what the FAA records.
Pidcock asked what is done at the present time to prevent control of
garbage as the result of wind. Nowlin said the lowest part of the
landfill that is available is filled in first; if the wind is very
strong, the landfill is shut down. Nowlin stated that snow fencing
and other perimeter fencing is used and soil material is used to cover
the waste to a depth of 6 inches each day. Nowlin addressed the problems
which occurred on May 4th which was a day of unanticipated heavy use and
the Landfill was not staffed appropriately.
Pidcock asked about the security at the landfill . Nowlin said there
is internal security ; an attendant is on duty when the landfill is open,
Pidcock said she was able to drive into the landfill with no problem
in a regular car. Nowlin said most of the activity at the landfill is
via truck traffic; car traffic is mainly limited to those who are touring
the landfill .
Fred Hoisington addressed his memorandum dated June 14, 1985, in which
two questions which had been raised by City Staff were responded to --
1) is the expansion of the Flying Cloud Landfill compatible with the
surrounding land uses? and 2) is a limited and temporary expansion of
the Flying Cloud Landfill compatible with the City's Guide Plan? (A
copy of that memorandum is attached to these Minutes.) Hoisington
stated the intention is to include the installation of a 1 eachate liner
collection system, an active and passive methane controls system,
internal and final cover material requirements, phased development, noise
reduction measures and screening of the 15' high berm which will all
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City Council Minutes -7- June 18, 1985
tend to reduce the impact on the surrounding area and provide additional
! features to mitigate problems which tend to occur with landfills.
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Redpath asked if the proponent was willing to stay with the "state of the
art" should that change over the next ten to fifteen years. Noisington
said he has never seen a landfill designed in the way this has been de-
signed. Nowlin said BFI and Wooddale Sanitary Service do not want to
operate a 'liability; it is in their interest to correct any problems .
Redpath noted that new landfills are governed by criteria which is di fferen:
from the criteria governing the expansion of existing landfills. Bentley
said the EIS states that an expansion is not under the same rules as a
new landfill would be. Nowlin said they will bring in their experts to
discuss that issue; he indicated he was aware of the siting criteria being
different.
Director of Planning Enger reviewed the Staff Report which was dated May 23.
1985. (A copy of the Staff Report is attached to these Minutes. )
Rick Rosow, City Attorney's Office, addressed the Environmental Impact
Statement (EIS. ) Rosow said they had informed the proponent that it was
improper to request rezoning on just the 14 acres because the entire piece c�
property except for the 90 acre kettle (which would be a non-conforming usf,
under the present zoning) was improperly zoned because this can be consider
a quasi-public facility and that use is no longer allowed in the Rural zon,-
Rosow said the applicant, after this matter was again raised in the May 23.
1985, Staff Report as well as in writing, has now chosen to request rezoni r
on the 149 acres. Rosow also noted that the Comprehensive Guide Plan must
also be changed if the zoning is to be changed. Rosow indicated Mayor Pet,
son and Staff had appeared before the Metropolitan Council on June 13, 19W.
The Metropolitan Council , at that meeting, had put a time limit on the
expansion; by 1996 the Flying Cloud Landfill will be terminated and will
not receive any additional waste. Rosow noted that condition must be incl .. -e_
in any permit which is granted by the MPCA. Rosow said the Metropolitan
Council also prohibited the landfilling of any unprocessed waste on the
present landfill (vertical expansion) after March 15, 1986; that portion
of the landfill would only be allowed to receive processed waste or waste
which had gone through a recycling process. Rosow said this must be con-
sidered in light of what Nowlin had stated regarding the horizontal ex-
pansion and the fact that this could not be completed prior to 1990.
Rosow said the City must consider what happens in that interim period
and this must be conveyed to the MPCA.
Bentley asked about the Council ' s procedure since the question before it,
regarding the rezoning, was found to be unacceptable by the Planning Commi .: i
sion and in two weeks there would be another request from the proponent '
regarding zoning; what would be the appropriate action for the Council
to take since the Council would have two separate issues before it. F
City Attorney Pauly said the 14 acres are included in the 149-acre request
which will be coming before the City Council at its next meeting. Pauly
indicated the requests are compatible; the actions could be combined at
r the July 2, 1985, meeting.
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City Council Minutes -8- June 18, 1985
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Peterson asked if it would be appropriate to continue this Public Hearing
to July 2nd. Pauly said it would be appropriate and action on the two
items could be handled together on July 2nd.
Director of Public Works Lambert indicated his Staff Report was included
in the materials presented to the Council .
City Attorney Pauly stated he would like the Minutes to note the following
documents were made a part of the record:
1) Pages 1342 - 1398C in the Council Packet;
2) Documents and materials described in pages 1399 - 1400 along
with a letter from the Federal Aviation Authorities and another
from the Fish and Wildlife Service dated June 23, 1982, relating
to a wildlife refuge proposal ; and a letter dated October 20, 1983,
from (,',ME Consultants;
3) Waste Management Inc. 1970 application for sanitary landfill ;
4) Waste Management Inc. sanitary landfill application portion prepared
by D.K. Ripple;
5 Minutes of the Eden Prairie Planning Commission, February 17, 1970;
6� Minutes of the Eden Prairie Planning Commission, March 2, 1970;
7) Mi nutes of the Eden Prairie Planning Commission , April 7, 1970;
8) Village of Eden Prairie, Minnesota, Planning Review Report, April
9, 1970, Planning and Zoning Commission from Staff-Brauer and Asso-
ciates Inc. ;
9) Minutes of the Eden PrairiQ Village Council , May 12, 1970;
10) Letter to G.B. Seeborn from James L, Hetlund, Chairman of the Metro-
pol i tan Council , dated August 17, 1970;
11) Waste Managenent, Inc. proposed sanitary landfill , Greeley and Hanson
Engineers, Report dated February 19, 1970, and appendices including
that by Murray R. Nokomis;
12) Permit for construction and operation of solid waste disposal system
by the Minnesota Pollution Control Agency for the Flying Cloud Landfi l ' .
Permit No. SW 14, dated August 22 , 1970;
13) Application by Woodl ake Sanitary Services, Inc. . current application
which is the subject for this Public Hearing;
14) Letter to Forrest Nowlin from Roger Pauly, dated March 29, 1985;
15) Letter to Carl J. Jullie from Fred Hoisington, dated April 2, 1985;
16 All notices of Public Hearings from the Planning Commission and the
City Council ;
17) the amended permit SW14 Flying Cloud Sanitary Landfill , Minnesota
Pollution Control Agency, dated January 31, 1983;
18) Metropolitan Council Resolution No. 85-60, Approving Permit Amendment
for the Flying Cloud Landfill , adopted June 13, 1985;
19) and Minutes of the Eden Prairie Planning Commission, dated May 28, 191*-1'-.
There were no continents from the audience.
MOTION: Bentley moved, seconded by Pidcock , to continue the Public Hearir'.
to the July 2, 1985, Meeting of the City Council . Motion carried unanimota
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B. HERZOG ADDITION by K. P. Properties . Request for Zoning District Change
from Rl- 2 to 91-13. 5 on 5.35 acres, and preliminary plat of 5_35 acres
into ten single family lots. Location: southeast quadrant of Duck Lake
Road and South Shore Lane. (Ordinance No. 20-85 - rezoning and Resolution
No. 85-151 - preliminary plat)
City Manager Jul i ie said notice of this Public Hearing had been published
and property owners within the project vicinity were notified.
Don Peterson, representing K.P. Properties, addressed the request.
Planning Director Enger stated the Planning Commission had reviewed this
request at its meeting on May 28, 1985, at which time it voted to recommend 1
approval subject to the recommendations included in the May 24, 1985, Staff
Report.
There was no report from the Parks , Recreation & Natural Resources Corrmissi,-, -
Redpath asked what would become of the trees whi;.h now provide a wind scree-
on the property. Peterson said trees will be moved on the lots ; no trees
would be destroyed.
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There were no comments from the audience.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 20-85. Motion carried unanimously
l MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-151 .
approving the preliminary plat of Herzog Adddition for K. P. Properties.
Motion carried unanimously.
C. TECH IV, by Technology Park Associates. Request Comprehensive Guide Plan
change from Industrial/High Density Residential to Office on 19.65 acres,
Planned Unit Development Concept Review on 68.36 acres for Office, Office/
Showroom uses , zoning district change from Rural to 1-2 Park on 4.52 acre
and preliminary plat of 66.31 acres into one lot for construction of a 58,f '.
square foot office/warehouse, two outlots, and road right-of-way. Locatior
south and east of Valley View Road, west of Washington Avenue, north of
Viking Drive. (Ordinance No. 19-85 - rezoning, Resolution No. 85-147 -
Comprehensive Guide Plan change, Resolution No. 85-148 - Planned Unit
Development Concept, and Resolution No. 85-150 - preliminary plat)
City Manager Jul 1 i e stated notice of this Public Hearing had been publish("-
and notices were sent to adjacent property owners.
Brad Hoyt, Hoyt Development, addressed the request.
Director of Planning Enger indicated this request had been reviewed by the
Planning Commission originally as two separate requests. The request was
reviewed by the Commission at meetings held April 25, 1985, May 8, 1985,
and June 10, 1985. The Commission voted to recommend approval at its
May 8th meeting of the PUD concept; and at its meeting on June loth it
voted to reconmiend approval of the remaining items subject to the recom-
mendations included in the Staff Reports dated April 8, 1985, and May
24, 1985.
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City Council Minutes -IO- June 18, 1985
Director of Community Services Lambert stated the Parks, Recreation and
Natural Resources Commission had reviewed this request at its meeting on
June 3, 1985, at which time major concern was expressed regarding the
preservation of the wooded knoll . The Commission did vote to recommend
approval of the request subject to the recommendations included in the
Planning Staff Reports . Lambert noted that concerns were also expressed
about the bridge over the creek on Golden Triangle Drive.
Bentley said he would like to see a retaining wall used, i f necessary,
to protect the wooded knoll . Bentley said he would like to have the end
look of this wooded knoll be the same as that of the knol 1 south of the
creek; he indicated he would like to see the tree line of this knoll go
to the bottom of the hill .
Redpath asked if Pearson, the former owner of the property under discussio• .
could "walk away" from the property leaving it in this condition . Di rector :f
Public Works Dietz said the area is now 12' - lit' below what was approved
in the 1970's. there is enough material left there to bring it up to grade.
Staff has been trying to determine whether or not the project would work
without bringing it up to grade. Redpath said there were many dead elm
trees on the property also and wondered who is responsible for those.
City Attorney Pauly said he said he would have to review the terms of
the permit which was issued to Pearson to determine responsibility/l iabi 1 i:_• _
He did state that responsibility would probably not accrue to the subseyi.
owner. Dietz said the work done by Pearson on that pit was secured by a
$50,000 bond; it would take about $1 million to correct the grade. Bentlu,
said he felt Pearson had violated the terms of the permit and therefore t�-!
bond should be cashed; other legal action should be considered if necessar•
Hoyt spoke to the needs for office/warehouse space rather than office space .
Bentley indicated that he did not feel this was true and said the metropo i ---n
area needs about one million square feet of additional office space each yea—.
Frank Smetana, 7722 Smetana Lane, said he would like to have the Council
make a stronger point regarding the 875 ' contour. Redpath noted that if
the Council adopts the recommendations made by the Commissions and Staff
that will be taken care of. Enger said that an exhibit could be added
to the Developer's Agreement which would show this also, Hoyt said that
875' is all right at this time; they might ask for a change when it comes
time to develop the parcel . An 870' contour is now shown on the map.
Enger noted the area west of Golden Triangle Drive is shown as high dens i t•
residential and/or industrial on the Comprehensive Guide Plan.
MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing
and to give 1st Reading to Ordinance No. 19-85. Motion carried unanimou+.' .
MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 85- 14' .
amending the Comprehenisve Municipal Plan. Motion carried unanimously.
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MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-148 .
approving the development of Planned Unit Development of Technology Park
for Technology Park Associates. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-150.
approving the preliminary plat of Technology Park 4th Addition for Hoyt
Construction. Motion carried unanimously.
MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a
Developer's Agreement per Commission and Staff recommendations and to inclu__
specific language regarding the 875' contour in the southeastern corner
of the property, and to direct Staff to work with the developer on the
creek crossing. Motion carried unanimously.
D. PARKWAY APARTMENTS, by Bar-Ett Construction Company. Request for Zoning
District change from Rural to RM-2.5 on 35.9 acres, preliminary plat of
35.9 acres into five lots, and Environmental Assessment Worsheet (EAW)
Review, for construction of five, 73-unit apartment buildings . Location:
east of Mitchell Road and east of Chestnut Drive. (Ordinance No. 21-85 -
rezoning and Resolution No. 85-152 - preliminary plat)
City Manager Jullie said notice of this Public Hearing had been published
and property owners in the project vicinity had been notified.
James Cooperman, architect for the project, addressed the request. Also
present were Scott Bader and Zollie Baratz , Bar-Ett Construction Company.
Planning Director Enger indicated this item had been reviewed by the Plann-
Commission at its meeting on May 28, 1985, at which time it voted to recorrr
approval subject to the recommendations included in the Staff Report dated
May 24, 1985.
Director of Community Services Lambert stated the Parks , Recreation & Natu-1-
Resources Commission had reviewed this request at its June 3, 1985, Meetir:
at which time it voted to recommend approval subject to the recommendation:
included in the Staff Reports. The main concern of the Parks , Recreation t
Natural Resources Commission was with the trail system.
Pidcock asked what the density of the Chestnut Apartments and Atherton
Townhouses are. Enger said their combined density is about ten units grea-e -
than the proposal under discussion; the density of the Chestnut Apartments
is greater than what is being requested; the Burning Tree Apartment complc,
has a density of ten units per acre.
Pidcock asked about the traffic in the area as a result of what is being
proposed. Enger said traffic was analyzed in the Staff Report; there woulw
be about 2200 daily trips generated by this proposal . Director of Public
Works Dietz noted that Anderson Lakes Parkway would be completed this Fall
between Mitchell Road and TH 169.
City Council Minutes -12- June 18, 1985
Peterson asked when construction was expected to begin on the Parkway
Apartments. Baratz stated the recreation building would be constructed
first: construction of the first apartment buildings would begin this Fall
with completion coming in 8 - 9 months. The entire project would take
approximately two years .
Peterson read a communication from R. Smith, part-owner and manager of
the Chestnut Apartments regarding this request. (See attached. )
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance No. 21-85, rezoning. Motion carried
unanimously.
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 85-152.
approving the preliminary plat of Parkway Apartments for Bar-Ett Constructs:-
Company. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare a
Developer's Agreement per Commission and Staff recommendations. (lotion
carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 2O796 - 21083
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos. 20796 - 21083. Roll call vote: Bentley, Pidcock, Redpath, and Peterson
voted "aye. " Motion carried unanimously.
r
V. ORDINANCES AND RESOLUTIONS
There were none.
VI . PETITIONS, REQUESTS & COMMUNICATIONS
A. Lueck sewer water connection fee. (Continued from June 4, 1985)
This item was moved to the Consent Calendar as item II . N.
VII . REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII. APPOINTMENTS
A. Riley-Purgatory Creek Watershed District - Endorsement for the reappointmw-•-
of Howard Petersen tote Riley-Purgatory Creek Watershed District_
MOTION: Redpath moved, seconded by Pidcock, to endorse the reappointment
of Howard Petersen to the Riley-Purgatory Creek Watershed District. Motir.-
carried unanimously.
71
- = -
3
k
City Council Minutes -13- June 18, 1985
B. Appointment of representative to fill unexpired term on the Parks ,
Recreation and Natural Resources Commission - to expire 2-28-87
The names of Lesa McDowell and Charles Shaw were placed in nomination.
(The Council had met with candidates for this position at a meeting at
6:00 p.m. at which time the candidates were interviewed.)
MOTION: Bentley moved, seconded by Redpath, to close the nominations.
Motion carried unanimously.
Voting for Shaw were: Bentley, Redpath and Peterson.
Voting for McDowell was: Pidcock.
Charles Shaw was appointed to fill the unexpired term on the Parks,
Recreation and Natural Resources Commission, the term to expire on
2-28-87.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Bentley - expressed concern with pedestrians and bikers who are using ?
roads and not the hikeways/bikeways. Staff was directed to examine this
matter. Bentley said he had numerous complaints regarding this .
Bentley - would like to have quarterly updates on attendance at Commission
meetings by Commission members.
Be�ntlel - requested Staff talk to the homeowner's association in The Trail<
regarding the trail system through that area.
Bentley__- asked for an update on the Library facility. Director of Publi :
Works Dietz said Landstrom stated bids have come in high on the project.
Peterson - asked if there was a completion date for the signals at TH 169
and Prairie Center Drive. Dietz said some time in June.
Pidcock - asked if there had been any complaints regarding the Liepke pro1,4, :.%,.
anning Director Enger said Staff is looking into the problems there wits,
outside storage.
Redpath - suggested that the regular business of the City Council be condl. --_ :1
at a time other than the meeting scheduled for July 2nd since that was thl,
date set to hear BIF's request. Discussion ensued with no consensus reacr,•v.
Redpath - requested Staff work with the Hopkins Post Office to see what t}•«-
problems are with Ads boxes.
Bentley - expressed concern regarding the parking on County Road 1 near
Riley Lake.
Peterson - stated he had received a request from the Foundation Bail Comm :ems
C regarding clean-up and requested Council members help with dish washine,
at 11 a.m, following the Ball . (The Foundation Ball is to be held Novemt,,•, : ,3rd.
City Council Minutes -14- June 18, 1985
B. Report of the City Manager
City Manager Jullie suggested starting the Council Meeting on July 2nd
at 7:00 p.m. rather than 7:30 p.m.
MOTION: Redpath moved, seconded by Pidcock, to set 7:00 p.m. as the
time of the City Council Meeting on July 2 , 1985. Motion carried
unanimously. ,
C. Report of City Attorney
There was no report.
D. Report of Director of Community Services
1. Round Lake Study Proposal
This item was removed from the Agenda.
X. NEW BUSINESS
There was none.
XI. ADJOURNMENT
MOTION: Bentley moved, secoan*1ed by Pidcock, to adjourn the meeting at 12: 14
fifi a.m. Motion carried unanimously.
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