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HomeMy WebLinkAboutCity Council - 03/06/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 6, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George, Bentley, Paul Redpath 8 George Tangen CITY COUNCIL STAFF: City Manager Carl J . Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Bob Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE: Blue Bird Club 4Y} 1 ROLL CALL: all members were present. Mayor Penzel presented members of the Third Grade Blue Bird Club with a Proclamation indicating the week of March 18th as Camp Fire birthday week in Eden Prairie. He thanked leaders Barb Bergan and Wendy Nelson for having their Club participate tonight. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: IX. B. 2. Review of Water Samples. MOTION: Bentley moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES OF CITY COUNCIL MEETING HELD TUESDAY , FEBRUARY 21, 1984 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday , February 21 , 1984, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Clerk ' s License List B. 2nd Reading of PUD Ordinance No. 01-84, RezDning from Rural to R1-13.5 for 43.3 acres , witn variances, approval of Developer 's Agreement for Carmel Addition, and adoption' of Resolution No. 19-84 approving Summary of PUD r inance No. 01-84 and ordering publication of said Summaryof�Carmel . ocation: north of Rowland Road, west of Old Sha y mad. i a l City Council Minutes -2- March 6, 1984 • 4 C. Receive 100petition for public improvements in Phase I of Carmel Addition and authorize preparation of plans and specifications , I.C. 52-059B Reso- lution No. 84-43 D. Receive petition for sewer and .water.extension to serve Carmel Addition and vicinity and authorize preparation of a feasibility report, I.C. 52-059A (Resolution No. 84-42 E. 2nd Reading of Ordinance No. . 16-84 zoning from Rural to R1-13.5 and adop- tion of Resolution No. 84-40 - setting. conditions of approving Development P an for Vernon Hill Estates by Countryside Investments, Inc. Location: southeast quadrant of Duck Lake Trail and County Road 4� F. Award bids for playground equipment at Red Rock Park and High Trail Estates G. Receive petition for Sanitary Sewer Improvements to serve Paulsen's 1st. Addition, I .C. 52-061 (Resolution No. 84-47 H. Final plat approval for Lake Heights Addition (Resolution No. 84-46) I . Authorize City Manager and Mayor to execute agreement with MWCC regarding easements T' MOTION: Tangen moved, seconded by Anderson, to approve items A I on the Consent Calendar. Motion carried with Bentley abstaining on item "B." IV. PUBLIC HEARINGS A. PRAIRIE CENTER BUSINESS PARK by Opus Corporation. Request for Planned Unit Development Concept for 17.4 acres for three office/warehouse buildings. Location: southeast quadrant of West 78th Street and Prairie Center Drive. (Resolution No. 84-34 - PUD Concept Approval ) - continued from February 21 , 1984. MOTION: Redpath moved, seconded by Bentley, to continue this item to the March 27, 1984, Meeting of the City Council . Motion carried unanimously. B. FEASIBILITY REPORT on signals at Shady Oak Road and Flying Cloud Drive, I .C. 52-057 (Resolution No. 84-45 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the area had been notified. Director of Public Works Dietz addressed the proposal and reviewed the rationale for assessing this project in this manner. Dietz also called attention to the letter distributed this evening from the Dvoraks regarding . their portion of the assessment. (copy attached. ) 7 City Council Minutes -3- March 6, 1984 Redpath asked about assessing the properties west of TH 169. Dietz explained that studies have shown most of the trips are into or out of the area which is included in the preliminary assessment. Penzel asked if a similar signal project were to be proposed for the area west of TH 169, would the assessment be to the properties west of TH 169? Dietz said that might be probable. Redpath asked if there were any possibility of County involvement in the cost of the proposed signals. Dietz said the County portion of the road stops at TH 169 and the rest of the road belongs to the City so it is very unlikely. Tangen asked about the timing of the signals at this location. Dietz said it would be a vehicle actuated intersection. There were no comments from the audience. p The Dvorak' s letter was referred to the Special Assessment Hearing. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-45, ordering improvements and preparation of plans and specifications for traffic signals at Flying Cloud Drive and Shady Oak Road (I .C. 52-057) . Motion carried unanimously. C. VILLAGE GREENS by Kerr Companies. Request for Site Plan Zoning Amendment for 122 condominium units on 12.84 acres and preliminary plat of 12.84 acres into two (2) lots . Location: northwest quadrant of Valley View Road and Golf View Drive. (Ordinance No. 17=84 - Site Plan Zoning Amend- ment and Resolution No. 84-37 - preliminary plat) City Manager Jullie indicated notice of this Public Hearing had been publi- shed and property owners within the project vicinity had been notified. Bob Martinson representing the Kerr Companies noted the various consultants who have assisted with the project including Richard Martin, architect; Herb Baldwin, landscape architect; Hansen, Thorp, Pellinen &Olson, engin- eers for the project; traffic consultation by BRW; and Jerry Peletier, contractor. Martinson addressed the proposal and noted that this condo- minium project will have a base of $64,000 for a 950 square foot unit and at the highest end, a large townhouse of 1350 square feet, will have a base price of $76,500. Ralph Clair, BRW, reported on the traffic study which had been conducted. Planning Director Enger said the Planning Commission had reviewed the final revised form of this proposal at its meetings on January 9, 1984, January 23, 1984, and February 27, 1984. He noted that this had come before the Planning Commission as a different townhouse project in October of 1983; that proposal was withdrawn. At its meeting on January 23rd the Planning Commission voted to recommend approval of the site plan and zoning amendment based upon the plans dated January 16 and 18, 1984, subject to the recommendations included in the Staff Report dated January 20, 1984, and the recommendations of the Commission. City Council Minutes -4- March 6 , 1984 e Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its February 6, 1984, meeting at which time it voted to recormnnend approval subject to the recommendations i ncl tided' in the Planning Staff Report dated January 20, 1984. The main concern of the Commission was the tot lot and the connection of the trail system. 0. Redpath asked if it would be more beneficial to have the evergreens planted prior to Phase IV. Enger said it would be best during the initial construction. d z Anderson inquired about the distance between this proposal and the residences i to the northeast. Martinson said the backs of the houses are about 35 or 40 feet from the property line. Anderson noted he had not seen any reference to the trail easement which runs through this property. Martinson said he was only aware of a trail proposal , but was not aware that there was anything which had been formalized. Anderson reviewed what he recalled of the easement. Penzel suggested this be checked prior to 2nd Reading of the Ordinance. Anderson said the easement was on land owned by Edenvale. Bentley said great care is taken to prevent single family housing within a subdivision from being repetitious but has this been done in this project? He expressed concern that this would have an institutional look if similar procedures were not followed. Enger said there is a very fine line between compatibility and variety when it comes to projects of this type. He said the building elevations in this project provide variety. Bentley noted the condition of Valley View Road and the need for upgrading because of this project. Redpath said he felt that Shadow Green should be included in any discussions relative to the upgrading of Valley View Road. Penzel said he felt improvements should extend to Fairway Drive on the west. Penzel recommended Staff be directed to resolve the extension of Valley View Road to Fairway Drive prior to 2nd Reading. Redpath asked where snow would be placed when removed and where dogs would be walked. Martinson said there would be a public sidewalk where dogs could. be walked -- a green strip of 5 - 6 feet is between the sidewalk and the street. He indicated these are both management problems which will have to be dealt with by the homeowner's association. Bentley stated the Planning Department should be concerned with whether or not storm shelters are provided . He said he would like to see this made a part of the review. Redpath said free standing sheds are not allowed in residential areas and he inquired as to why free standing garages were being allowed in this instance. Enger said it was his understanding that the garages would be on lots and would be purchased as a part of the units and the maintenance would be provided by the homeowner' s association. He felt the garages would help to provide some scale to the project. ,E City Council Minutes -5- March 6, 1984 There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 17-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-37, approving the preliminary plat of Village Greens for the Kerr Companies and directing Staff to prepare a Developer' s Agreement taking into account the recommendations included in the Staff Report, those of the Commissions and those of the Council including consideration of color schemes based on a range of colors to be presented prior to 2nd Reading and plantings to be completed prior to Phase IV. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to direct Staff to prepare a recommendation as to upgrading Valley View Road west to Fairway Drive. Motion carried unanimously. D. KINDER CARE LEARNING CENTER. Request for Zoning District Change from Rural to Commercial Regional Service and preliminary plat of 0.71 acres for a Day Care Facility. Location: northeast quadrant of Singletree Lane and Glen Lane. (Ordinance No. 18-84 - Zoning District Change and Resolu- tion No. 84-38 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Fors , representing the proponent, spoke to the request. He noted that Kinder Care has met all of the recommendations put forth by the Planning a Commission except for the hip roof. Director of Planning Enger stated this had been reviewed by the Planning Commission at its February 13, 1984, meeting at which time the Commission had voted to approve the project subject to the recommendations included in the Staff Report dated February 10, 1984. He said that some of the recommendations , based on action by the Planning Commission, were to be revised prior to action by the City Council -- and he noted that the cupola has been removed but the hip roof remains. This request was not reviewed by the Parks, Recreation & Natural Resources Commission. Bentley said he could see nothing wrong with the bell tower or the roof as shown -- the first Kinder Care building has these and we should be consistent within the City. He said he thought having the cupola , as long as it was the same color as the roof, was alright. Tangen said all flat roofs in this area might not be a good thing. He said he felt this was a relatively attractive type of structure. Tangen said he would recommend doing away with the cupola . Redpath said in the negotiations with the Area "G" people the City did not make many concessions; he would go along with the hip roof for Kinder Care as long as there was no cupola. City Council Minutes -6- March 6, 1984 There were no comments from the audience. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to give Ist Reading to Ordinance No. 18-84, zoning district change. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to adopt Resolution No. 84-38, approving the preliminary plat of Kinder Care Learning Center and to direct Staff to prepare a Summary Resolution per the recommendations of the Planning Commission and Staff and noting that a hip roof with no cupola is permitted. Motion carried unanimously. E. EDENVALE APARTMENTS 2ND ADDITION by Bar-ett Construction Co./Edenvale Apartments Partnership. Request for Comprehensive Guide Plan Amendment from Medium to High Density Residential and Zoning District Change from Rural to RM-2.5 for 4.98 acres for a 70-unit apartment building. Location: northeast quadrant of Baker Road and Valley View Road. (Resolution No. 84-39 - Comprehensive Guide Plan Amendment and Ordinance No. 19-84 - zoning) City Manager Jullie said official notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Erickson, architect for Bar-Ett Construction , addressed the proposal . Planning Director Enger stated the Planning Commission had reviewed this request at its February 13, 1984, meeting at which time it voted to recommend approval subject to the conditions outlined in the February 10, 1984, Staff Report. Enger noted that the requested changes are reflected in the mater- ials submitted to the City Council . Director of Community Resources Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this proposal at its March 5, 1984, meeting at which time it voted to recommend approval subject to the conditions included in the Staff Report dated February 10, 1984. Anderson asked when the park in this area is scheduled for improvements. Lambert indicated that of the 40 acres of park land only 4 acres is useable. He said fill is needed and it will be about two years before improvements are begun. Bar-ett Construction indicated a willingness to provide fill . Penzel asked about provisions for storm shelter. Erickson said the basement garage will provide very adequate shelter for residents . There were no comments from the audience. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 84-39, amending the Comprehensive Municipal Plan. Motion carried unanimously. City Council Minutes -7- March 6, 1984 MOTION: Anderson moved, seconded by Bentley, to give 1st Reading to Ordinance No. 19-84, zoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution per Commission and Staff recommendations noting the proponents willingness to provide fill (any excess from this site) for the adjacent City Park. Motion carried unanimously. F. 1984 COMMUNITY DEVELOPMENT BLOCK GRANT, YEAR X. A Public Hearing to obtain the views of citizens on local and urban Hennepin County housing and community development needs and to provide citizens with the oppor- tunity to comment on the Urban Hennepin County Statement of Objectives/ 1984, and the City of Eden Prairie's proposed use of Year X Urban Henne- pin County Community Development Block Grant Funds. City Manager Jullie indicated notice of this Public Hearing had been published and notices had been mailed to local churches and community organizations as well as being posted on various bulletin boards through- out the community. Jullie noted the February 25, 1984, memorandum from Steve Durham, Assistant Planner, which outlined the proposed program. Jullie reviewed the proposed activities for Year X. Bentleyasked if the City had looked into the cost of lights on the to Y 9 P of emergency vehicles which would activate traffic signals. Jullie said he had received a memorandum regarding this from Public Safety and he recalled that the cost was fairly prohibitive especially on a cost./benefit basis. Bentley said the City has banked a considerable amount of the funds each year for site acquisition for housing for low income and elderly people. He said he was under the impression that more dollars would be made avail- able by the Federal Government and that did not seem to be the case at this time. Redpath said he has spoken with some developers who have come up with plans for moderate income rental housing if they were to get a break in the land costs. Planning Director Enger said the City is operating under a 1978 goal of 160 elderly units. He said since 1974 he would be willing to guess that the vast majority of CDBG funds have been spent on parks -- as much as $200,000. He reviewed the history of the Edendale Housing Development in relation to CDBG funds. Enger said $80,000 has been banked; $47,000 for this year. He noted there is a developer interested in providing 100 units which may be more toward the moderate range and would be two bedroom units. He said he felt the City is proceeding well with the plan it had laid out. Bentley said he would like to have the lights for activating traffic signals looked at again. Susan Hustad, 9006 Neil Lake Drive, asked if the City had looked at providing a rental subsidy rather than underwriting the land costs or providing a tax abatement for the elderly rather than a direct subsidy. Enger said these are being investigated; the Federal government has rules which prohibit a direct approach. City Council Minutes -8- March 6, 1984 MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to authorize submission as per Staff recommendations. Motion carried unanimously. G. AMENDMENTS TO CHAPTER 11 OF THE CITY CODE (Ordinance No. 20-84) City Manager Jullie said notice of this Public Hearing had been published. He indicated that a Public Hearing is required in connection with any changes the Council makes in Chapter 11 , which covers zoning requirements. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinanne No. 20-84, amending Chapter 11 of { the City Code. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 12410 - 12633 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 12410 - 12633. Roll call vote: Anderson, Bentley, Redpath, Tanaen and Penzel voted "aye. " Motion carried unanimously. VI. REPORTS OF -ADVISORY COMMISSIONS There were no reports. VII . ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 3-84 amending City Code Chapter 1 MOTION: Redpath moved, seconded by Bentley, to give 1st Reading to Ordinance No. 3-84, amending City Code Chapter 1. Motion carried unanimously. B. 1st Reading of Ordinance No. 4-84, amending City Code Chapter 2 MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 4-84, amending City Code Chapter 2. Motion carried unanimously. C. 1st Reading of Ordinance No. 5-84, amending City Code Chapter 3 MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 5-84, amending City Code Chapter 3. Motion carried unanimously. D. 1st Reading of Ordinance No. 6-84, amending City Code Chapter 4 MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 6-84, amending City Code Chapter 4. Motion carried unanimously. City Council Minutes -9- March 6, 1984 E. 1st Reading of Ordinance No. 7-84, amending City Code Chapter 5 4 it MOTION: Bentley moved, seconded by Anderson, to give Ist Reading to Ordinance No. 7-84, amending City Code Chapter 5. Motion carried unanimously. F. 1st Reading of Ordinance No. 8-84, amending City Code Chapter 6 This item was removed from the Agenda because if was not necessary. G. 1st Reading of Ordinance No. 9-84, amending City Code Chapter 7 MOTION: Redpath moved, seconded by Tangen, to give 1st Reading to Ordinance No. 9-84, amending City Code Chapter 7. Motion carried unanimously. N. 1st Reading of Ordinance No. 10-84, amending City Code Chapter 8 MOTION: Bentley moved, seconded by Tangen, to give 1st- Reading to Ordinance No. 10-84, amending City Code Chapter 8. Motion carried unanimously. I . 1st Reading of Ordinance No. 11-84, amending City Code Chapter 9 City Attorney Pauly called attention to the fact that the amendments to Chapter 9 are now in two parts and should be combined prior to 2nd Reading. MOTION: Redpath moved, seconded by Tangen, to give 1st Reading to Ordinance No. 11-84, amending City Code Chapter 9, as amended. Motion carried unanimously. J. 1st Reading of Ordinance No. 12-84, amending City Code Chester 10 MOTION: Tangen moved, seconded by Anderson, to give 1st Reading to Ordinance No. 12-84, amending City Code Chapter 10. Motion carried unanimously. K. 1st Reading of Ordinance No. 13-84, amending City Code Chapter 12 MOTION: Redpath moved, seconded by Bentley, to give 1st Reading to Ordinance No. 13-84, amending City Code Chapter 12. Motion carried unanimously. L. 1st Reading of Ordinance No. 21-84, amending City Code Chapter 20 This item was removed from the agenda because it was not necessary. ,- - - City Council Minutes -10- March 6, 1984 VIII . PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Welsh Construction Corp. for amendment to "Declaration of Restrictions" for Bryant Lake Technical Center City Manager Jullie noted a March 1, 1984, memorandum from Chris Enger, Planning Director, regarding the restrictive covenants for Bryant Lake Office/Tech Center. He said Welsh had expressed concern regarding the restrictive covenants for their Bryant Lake Office/Tech Center which they felt were more limiting than those imposed on the Ryan Construction project (see letter dated February 16, 1984, from Dennis J. Doyle, Welsh Construc- tion. ) Dennis Doyle reviewed the differences between the restrictions placed on the Welsh Bryant Lake Technical Center and those on the Ryan project. He indicated it would be easier to finance his project if there were fewer limitations. He said he thought a bad precedent was being set. Penzel asked Doyle to define high tech. Doyle said they are now building buildings with lower ceiling heights, quality interior finishing, air con- tioning in warehouses with a higher usage of office to warehouse -- this would , to him, be high tech -- the occupants lean more toward service and high technology use. Redpath said he felt because the Welsh project was closer to the Major Center Area these restrictions were justified. Redpath asked if Doyle would be willing to discard dock high doors from his project since it abuts an office use and a proposed hotel -- higher uses than those in the vicinity of the Ryan project. Doyle said he felt they are doing a good job in screen- ing the loading areas and there are no sight lines into these areas. 3 Bentley said when the Ryan project was reviewed the Council stated that a precedent was not being set. The Ryan proposal was approved on its own merit and was found to have some unique features. Bentley said he did not feel it was fair for a developer to compare projects since each project is reviewed by the Council and considered on its own based on criteria such as proximity to the Major Center Area. Doyle said it was not his intent to have less than 40% office use, but he felt that the covenants placed him were unfair since he was going after the same tenants as Ryan is; financing is more of a problem with the restrictions placed on the project. Penzel said the issue of comparability is not one that he felt compelled to look at. Penzel said he felt Welsh should look at the agreements which were agreed to and which were between the City and Welsh and no one else; they were not done under duress. He did not feel the City should amend this set of restrictions. Tangen said the City should be willing to look at a specific proposal in regard to an amendment of amendments to the covenants; until the time there is a specific proposal , the City should do nothing. Redpath asked if Doyle was talking about the percentage of office or if he was talking about use of the balance' of the building . Doyle said he had as much or more of a problem with some of the other parts of the proposal -- he then indicated that the Developer's Agreement had not been executed. Penzel asked City Attorney Pauly if this could be so. Enger City Council Minutes -11- March 6, 1984 recalled that one copy had been executed with the promise that the other executed copies would be forthcoming from Welsh and Hustad. Penzel said, it from his perspective, that was the last building permit issued on this project; he said he felt the City had been misled if this is the case. Susan Hustad noted what signatures had been required and the problems which had arisen due to the death of one of the people involved. Staff was directed to look into this situation. Doyle asked to withdraw his request at this time to possibly put it in a different form at a later date. He thanked the Council for its time. Penzel said he felt Tangen's suggestion had merit whereby the Council would look at the details of a specific proposal_ Redpath concurred; he said the Council does not wish to give carte blanche approval . Ander- son said, in recalling the proposals, he would consider the Welsh proposal to be in a more sensitive area due to its proximity to Bryant Lake. He did not feel the two projects could be compared because of that. Hustad said the r-�ason for tonight's request was because all the way through the Welsh project and the Ryan project had been compared. She said they were told they would have the same covenants . Penzel said that while there might have been some comparison, each project is judged on its own merit. He noted that what goes into a Developer's Agreement is determined by the Council and what preceeds that are only recommendations from Staff and the Commissions and may or may not be accepted by the Council . B. Preserve Commercial Park North 2nd Addition by The Preserve of Eden Prairie. Request for preliminary plat of 6.75 acres for 4 lots. Location: north- g west quadrant of 169 and Prairie Center Drive. (Resolution No. 84-41 - preliminary plat) City Manager Jullie indicated the Planning Commission held a Public Hearing regarding this platting request on February 27th at which time it voted to recommend approval . Harold Peterson, representing The Preserve, spoke to the request. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 84-41, approving the Preliminary Plat of Preserve Commercial Park North 2nd Addition. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Penzel - asked Enger to review progress on the Rowland Road sector. Enger explained that Staff had developed a "blob map" indicating what might be in the various areas and also indicated low areas which will not be developable. Redpath said City help was requested by the residents at the last meeting and he wondered what role Brauer was going to play. Enger said he would tell them whether or not this was reasonable and then he could develop more specific plans. City Council Minutes -12- March 6, 1984 L. F. Uherka, 6301 Shady Oak Road, asked when the road connection would be made across their property. Enger said that would be done in the near future. s Redpath said he would hope the ridge along the west side of Old Shady Oak Road would not be disturbed. Anderson asked if density transfers might be considered. Enger said this is a possibility, but it would be premature to determine where this might occur. Tangen said he was impressed with what was shown. Enger said this was the first time it had been presented. Director of Public Works Dietz said the feasibility report for the improvements in this area will come before the Council on March 27, 1984. Bentley asked if there was enough of a consensus to put this area into a PUD. Enger said he did not know. Bentley said he would like the residents to know the Council would be willing to listen to their unique ways of coming up with plans for this area to preserve as much of it as possible. Redpath said perhaps the map presented by Enger could be used for a Guide Plan change. ' Hans Hagen, developer, said that would be helpful when it comes time for them to market their development because prospective buyers always wish to know what is going to go in around them. Penzel said if the neighbors are interested perhaps the Council could give consideration to adopting this concept. MOTION: Bentley moved, seconded by Tangen, to refer this matter to the Planning Commission and the Public Hearing process for review by the neighbors. Motion carried unanimously. Bentley - noted the problems with the berm behind Fieldcrest Road residences. He said there may be documented cases in this area of reduced property values due to the berm Staff was instructed to investigate the problems with the owners of the business park. Tangen - commended Director of Public Works Dietz for his report on snow- plowing and noted the good performance with snowplowing during the storm this past weekend. Anderson - said he wondered if it was worthwhile for the City to continue to put in trails when they are only useable 50% of the time. He noted trails and sidewalks in the area in which he lives where there are problems -- these are heavily used and not always plowed. Tangen suggested perhaps the City needs a machine which would Just be used to clear trails. City Council Minutes -13- March 6, 1984 S. Report of City Manager 1. Discussion of Section 2.3 of the Fee Resolution, regarding fees for dances, shows and live music City Manager Jullie recommended that this matter be referred back to Staff for the purpose of incorporating Sections 5.31 and 5. 32 of the g City Code into one common section, covering both shows and dances ; and that the $400.00 license fee be waived for an event sponsored by a school , church, or bona fide non-profit community organization; and also that all licensed restaurants would be exempt as well as promotional events for bona fide commercial purposes . The intent would be to impose a fee only on those spontaneous type house parties and field parties which attract literally hundreds of sometimes unruly guests and thereon impose a substantial burden on our Public Safety Department. There was discussion as to what constitutes a private party. MOTION: Tangen moved, seconded by Redpath, to refer this matter back to Staff for further recommendations. Motion carried unani- mously. 2. Review of Water Samples City Manager Jullie reviewed the recent water sample reports regarding the nitrate level in the water at Riverview and Miller Springs. Penzel suggested samples be replicated, that this be monitored and that the samples be taken often and, if necessary, the area should be posted. MOTION: Redpath moved, seconded by Bentley, to continue the meeting beyond the 11:30 p.m. deadline. Motion carried unanimously. Staff was directed to monitor the situation via testing. C. Report of Ci ty Attorney 1. City Attorney Pauly reported he had sent a letter regarding the bee problem to the complaintant. 2. Noted that only one polling place is allowed per precinct. Pauly was directed to look into what the law requires regarding the size of precincts and the division of precincts. i City Council Minutes -14 March 6, 1984 D. Report of Director of Community Services s' 1. Lions Club Proposal a Director of Community Services Lambert called attention to his memoran- dum of February 27, 1984, in which the proposal regarding the Eden Prairie Lions Club proposal for parking lot improvements at Round Lake Park was { discussed. f t Bentley asked what the cost would be. Lambert said approximately $6,000. Redpath said as things are now there are electrical cords all over the ' place; generators are loaned the Lions by Onan Corporation. He said � this would help not only the Schooner Days but also it would help with the parking problem. MOTION: Bentley moved, seconded by Redpath, to authorized acceptance of the Lions Club proposal regarding improvements for the parking lot. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted 4'aye." Motion carried unanimously. X. NEW BUSINESS Penzel called attention to the memo regarding the Reserve Fund which had been sent to Council members. He asked if the Council wished to hear from the three proponents regarding the Reserve Fund System. Redpath said he would like to hear their presentations . Tangen said would pending Federal legislation have a bearing on when the Council should hear about this. The consensus was this was a good idea. MOTION: Bentley moved, seconded by Redpath, to have a Special Meeting of the City Council at 7:30 p.m. , on Thursday, March 15, 1984, in Room 5 of the School Administration Building to hear proposals regarding the establishment of a Reserve Fund System. Motion carried unanimously. XI . ADJOURNMENT MOTION: Anderson moved, seconded by Redpath, to adjourn the meeting at 12:05 a.m. Motion carried uanimously.