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HomeMy WebLinkAboutCity Council - 05/01/1984 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 1, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL Y Wolfgang Mayor MEMBERS: Ma Wolf an H. Penzel Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Senior Planner' Michael D. Franzen, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present. Mayor Fenzel introduced several- third graders from Prairie View Elementary School who led those present in reciting the Pledge of Allegiance. . The third graders are studying government. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was added to the Agenda: IX. A. 2. Anderson - Bridge on County Road 4. MOTION: Redpath moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY , APRIL 3, 1984 MOTION: Anderson moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, April 3, 1984, as published. Motion carried unani- mously. III . CONSENT CALENDAR A. Clerk 's License List B. Receive 100% petition for street and utilities in Flying Cloud Drive through Wilson Ridge Plat and authorize preparation of plans and s ecff.ications , I .0 -06 Reso ution No. 4-100 (see page 7 - third moti.gn, ) C. Request from the Flying Cloud Airport Advisory Commission for Council to set a�ublic Hearing date of May 15, 1984, to consider a City Code Amendment to ection 11.70 to regulate signs at Flying ou -Airport City Council Minutes -2- May 1 , 1984 D. Receive petition for trunk sewer and water improvements for the vicinity of CSAH 1/18 and authorize the preparation of a feasibility re ort, I .C. 52-062 Resolution No. 84-95 J E. Final Plat approval for Woodlawn Heights 2nd Addition (Resolution No. 84-98) F. 2nd Reading of Ordinance No. 21-84, Valley View Manor Homes. Zoning District change from Rural to RM-6.5 for 20 acres, with variances, and adoption of Resolution No. 84-79, approving development plan subject to conditions. 112 units in 14 buildings. Location: north of Valley View Road, 4 miles east of Mitchell Road. G. 2nd Readina of Ordinance No. 22-84, Paulsen's 2nd Addition, Zoning District change from Rural to R1-9.5 and adoption of Resolution No. 84-80, approving development plan subject to conditions. 6.3 acres into 18 single family lots. Location: norht of C.M.St. Paul and Pacific Railroad, south of Hidden Ponds Park. H. 2nd Reading of Ordinance No. 23-84, Gon ea 3rd Addition. Zoning District change from Rura' l to R1-13.5, with variances, and adoption of Resolution No. 84-81, approving development plan subject to conditions . 37.19 acres into 33 resi- dential lots and five outlots. Location: northeast quadrant of State Highway #5 and County Road #4. a I . 2nd Reading of Ordinance No. 25-84, Autumn Woods 2nd Addition . Zoning District change from RM-6. 5 to R1-9.5 and from R1-13.5 to R1-9.5 for 11.09 acres, adoption of Resolution No. 84-83, approving development plan subject to conditions. 31 acres for 74 single family lots and 8 duplex lots (8 units) for a total of 82 units. Location: east of Highway #101, north of C.M. St. Paul and Pacific Railroad. J. Final Plat approval for Montgomery Addition (Kinder Care) (Resolution No. 84-101) __. 31 K. Approval of Municipal Legislative Commission Joint Powers Agreement L. _Prairie Center Business Park by Opus Corporation. Resolution for PUD Concept. Resolution No. 84-102 M. 2nd Reading of Ordinance No. 35-84, Minnegasco Franchise Ordinance N. Approve plans and specifications and authorize bids to be received for bike/ walkwa along Edenvale Boulevard between Valley View Road and Woodhill Trail , I.C. 51-356A. (Resolution No. 84-99) (open bids May 24, award contract May 29) MOTION: Bentley moved, seconded by Anderson . to approve items A -- N on the Consent Calendar. Motion carried unanimously. (see page 7 for further action. ) IV. PUBLIC HEARINGS A. FEASIBILITY REPORTI, UTILITY IMPROVEMENTS FOR CARMEL ADDITION AND VICINITY, I .C. 2-059A Reso ution No. 84-90 continued from 4-17-84 City Manager Jullie noted Staff had met with the developer and residents from the neighborhood in an attempt to resolve the concerns and objections raised at the previous meeting. Jullie called attention to a letter of April j City Council Minutes -3- May 1, 1984 23rd from Hans Hagen in which he indicated he is not prepared to assume addi - tional assessment costs. Director of Public Works Dietz reviewed the assessment calculations and how the preliminary assessment roll was arrived at during the process . He said he had met with property owners since the last meeting; letters had been sent to all property owners within the project area along with expanded minutes of the April 17th proceedings. He indicated the cost of the project was anticipated to be $113,000 which would be divided by those acres which are within the project resulting in a cost of $513 per acre for sewer and $438 an acre for water. He said he would ask the City Council to defer in- terest on assessments but not to exceed 50% of the principal ; this has been the policy in the past. Dietz noted two additional letters which had been received; Dr. Ferber and Michael and Patricia Loosen .(letters are attached to these Minutes . ) Penzel asked if the petition issued had been resolved. Dietz said he would defer to City Attorney Pauly on that question. Pauly said that requirement or reference is that in the case where you have owners of not less than 35% of the frontage of real property abutting the streets named in the petition at the location of the improvement' the resolution ordering the improvement in must be adopted by a majority o� the Council; if the petition is signed by less than 35%, it must be adopted by a 4/5 vote of the Council . He felt the petition did not meet the 35% requirement and he recommended that, in order to be ordered . in,. the vote would have to pass by a 4/5 vote of the City Council . Pauly also said that notice of the continued hearing as well as the expanded Minutes had been sent to members of the City Council and to landowners. Wayne Kinion, 6401 Shady Oak Roads stated he was against_tbF project .:as it i6 presently designed. He referred to a letter dated May V.' 1984, (see attached) in which he expressed his opinions and requested that his property be excluded from the assessment district; Tangen asked for clarification regarding Kinion' s reference to taxes being increased due to sewer and water being available. Jullie said the City's approach is that until lateral pipes are available for hooking up there would not be an initial increase in valuation. Dean Holasek, 6475 Rowland Road ; said he thinks this project is premature. He said he thought this area would be developed into large acreage developments; this is not the case with Hagen as the lots are 212 - 3 acres. He noted that his property has been in his family for 130 years. Hans Hagen, developer, said approval of the project must be separated from the assessment procedure. The question of assessment is one of fairness. He noted that once a project is approved it would seem that .the utilities must be installed to serve that project. He urged the City Council to approve the project. Marlene Larsen, 6615 Rowland Road, said she would not like to see sewer and water come in at the expsense of the homeowner. She cited examples of how her lifestyle has been affected by the Carmel development. City Council Minutes -4. May 1, 1984 Bentley noted that property is not assessed until it is developed or until it is hooked up to the sewer and/or water system. Mrs. Kinion said they had not been consulted prior a meeting in November. Penzel said the City has gone through a lengthy review process regarding the Carmel development and related projects. Mrs . Kinion said they had not been informed at the time the hearings were conducted. Director of Planning Enger said notices are sent to residents on a quarter/quarter section basis. This will be looked into further. Roger Farber, 6525 Rowland Road, said the essence of the issue from his perspective was contained in his letter of April 24, 1984 (see attached . ) He said perhaps the City could look at a better way of accomplishing this project. Penzel explained the manner in which trunk and lateral sewer and water charges are assessed . Hakon Torjeseq,6605 Rowland Road, said he felt the issue was one of fair- ness and what is and is not feasible. He said the quality of life in this area has been ruined. Redpath asked if perhaps the City Council could put a perpetual stop on further development by some of the property owners in the area thereby excluding them from assessments . Pauly said that would not be possible. Penzel asked if it could be done via a covenant attached to the deed. Pauly said the City cannot agree to something like that. Holasek asked what would become of the assessments should a property owner decide to donate property to Hennepin County, what would happen to the assessments which had been already paid: Penzel said these would show up as accrued savings on taxes , Kinion said he would like to see the covenants presented as a written offer. Pauly said a restrictive covenant would provide for various kinds of restric- tions limiting the use to which property could be putt' these limitations would restrict development of the property except for what it is presently used for. Bentley said in this instance a property owner would be at the mercy of a future Council; he felt any consideration along these lines would be capricious. Pauly said a covenant cannot be removed or amended without all persons agreeing to it, The City could not arbitrarily amend the coven- ant. F Dietz further explained the deferment process and policy of the City. z Larsen said the neighbors have had no say in this and she felt she would end up paying $25,000 for laterals , streets , etc. Torjesen said all the residents of Eden Prairie will be paying for the interest which is being deferred by this project and he questioned the validity of this. Hagen said he felt he had been trying to be fair. He said he had sold the City a park for $20,000 while his cost was $100,000. He also indicated he had paid $20,000 towards the maintenance of Rowland Road. He noted that this process is done this way throughout the metropolitan area. He indicated he cannot put any more money into this as had been suggested by the residents. City Council Minutes -5- May 1 , 1984 ti MOTION: Redpath moved , seconded by Tangen; to close the Public Hearing and to accept the Feasibility Report and to adopt Resolution No. 84-90, ordering improvements and preparation of plans and specifications for Carmel Addition and vicinity. Bentley indicated he would abstain from voting on this issue as has been his past practice in matters with Hans Hagen. He noted that perhaps this project might be a bit premature but it would not be responsible on the part of the City to not provide utilities since the project itself had been approved. He said it has to be done; the question is how. VOTE ON THE MOTION: Motion carried with Bentley abstaining. B. O' NEILL OFFICE BUILDING. Request for Zoning District change from Rural to Office and preliminary plat of 1.70 acres for an office building. Location: northeast quadrant of City West Parkway and County Road #61 . (Ordinance No. 29-84 - zoning; Resolution No. 84-86 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Swedenborg, Swedenborg Constructton , addressed the proposal . Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on March 26, 1984, at which time it voted to recom- mend approval subject to the recommendations included in the Staff Report dated March 16, 1984. Enger said this request will go before the Board of Appeals and Adjustments on May 7, 1984, with requests for setback variances as well as height variances. This item was not reviewed by the Parks , Recreation & Natural Resources Commission. Bentley asked if the building would be moved to preserve more trees. Sweden- borg indicated it would be. Tangen asked what the building elevation would be compared to that of James Refrigeration. Enger said this building would be 57' ; Jams Refrigeration will be 74' . Tangen said he felt this to be a much more appropriate height in that area. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 29-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath; to adopt Resolution No. 84=86 approving the preliminary plat of O'Neill Office Building for Jack Boss and Partners. Motion carried unanimously. City Council Minutes -6- May 1 , 1984 MOTION: Bentley moved, seconded by Anderson , to direct Staff to prepare a Summary Resolution as ,per Commission and Staff recommendations. Motion carried unanimously. C. LEE DATA E)OPANSION by Opus Corporation/Lee Data. Request for Planned Unit Development District, zoning and site plan amendment to add 72,000 sq. ft. of office use to existing Lee Data building. Location• southeast quadrant of 70th Street and Flying Cloud- Drive. (Ordinance No. 30-84 - zoning) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Worthington, Executive Director of Governmental Affairs for Opus, spoke to the request. Director of Planning Enger said this request had been reviewed by the Planning Commission at its March 26, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the March 16, 1984, Staff Report. They have also promised to provide the City with proof of ownership of the Hanson parcel to demonstrate proof of parking. Enger noted that the plans before the Council are revised plansr the landscaping has been strengthenedr This request was not reviewed by the Parks , Recreation & Natural Resources Com- mission. Penzel said he would request Staff to look into preparing a technical feasi- bility report regarding the relocation of West 70th Street. Dietz said the information which the City now has regarding tie soils in that area is from a third party. John McKenzie , project manager; said they have had soil borings done but have not received the recommendations yet. He indicated there appears to be a viable route. Bentley asked what Torjesen and Bearman's objections to this request were at the Planning Commission. Enger said Torjesen was concerned about the lack of an overall plan for the Lee Data site; Bearman felt more comfortable with the site used in the manner which had been proposed as the "Michelangelo Garden" site. Bentley asked if a campus concept was envisioned. Worthing- ton said it is felt that they can accommodate the most ambitious plans and optimistic growth plans by utilizing the Hanson piece in Lee Data's expansion. Tangen expressed concern about expanding parking onto the existing wooded knoll . Worthington explained what is planned for that particular area . Enger showed, using slides'; what is intended to be done. Tangen asked what form the Hanson parcel would be left in prior to development. He said it does not look attractive now. Worthington. said they intend to create more green on the site than there presently is . There was some discussion as to what has been done to date and whether or not a land alteration permit had been applied for. Bentley suggested that this issue be resolved before 2nd Reading of the Ordinance and also that some sort of restoration of the site be completed. There were no comments from the audience. City Council Minutes -7- May 1, 1984 MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 30-84. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare an amendment to the Lee Data Developer's Agreement, incorporating the recommen- dations of the Planning Commission , the Planning Staff Report, and the comments of the City Council . Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to reconsider the Consent Calendar and to amend item "B" to include preparation of plans and specifications subject to the receipt of a 100% petition; and .to readopt the Consent 'Calendar. . Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff and the proponent, prior to 2nd Reading of the Ordinance, resolve the issue of the grading permit/ land alteration permit and that a restoration plan for the site be included . Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to ask the developer to provide information necessary in regard to the technical feasibility for West 70th Street; this information is to be provided prior to the 2nd Reading. Motion carried unanimously. Enger asked, as a point of clarification, if a 12' berm was ok. Council concurred that it was . D. HIDDEN GLEN 2ND ADDITION by Derrick tand ,Compan` , Request for,,Zoning Dis e trict chang from Rural and' R1-22 to R1-13.5 �n� R1,.9,5 for 56,09 acres and preliminary plat of 56.09 acres for 78 single family lots and two outlots . Location : southeast quadrant of Highway #101 and Townline Road. (Ordinance No. 31-84 - zoning; Resolution No. 84,87 z. preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Richard Bloom, Vice President of Planning for Derrick Land Company, spoke to the request, Jullie noted that all the issues have not been resolved with this project and additional work is necessary. Planning Director Enger stated this request had been before the Planning Commission at its meeting on April 9, 1984, at which time the Commission voted to recommend approval subject to the recommendations included in the April 6, 1984, Staff Report, Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its last meeting in April . He called attention to the great amount of park frontage which will be on Dell Road; he said alternatives to the cost involved to the developer in regard to the bikeway had been discussed, He said a purchase agreement has been prepared and will be submitted to the Council for approval . He said a contract must be put together with the developer for the grading of the park; details of this have to be worked out. City Council Minutes -8- May 1 , 1984 Bentley asked for clarification as to what items remain unresolved. Enger said the method of payment for the construction of Dell Road, the actual unit types must be reviewed by Staff, and the grading contract t and price must be negotiated. Bentley asked if these issues 'might be resolved prior to 2nd Reading. Enger said he did not know; these were the same issues that were present with the 1st Phase of the project. Penzel said that either they are resolved or there won't be a 2nd Reading. Redpath concurred. Dick Feerick noted a five page letter which had been sent to Director of Public Works Dietz which he said addressed the problems. Dietz said he will be responding to that letter. Tangen asked if there would be grading prior to the 2nd Reading. Feerick said a grading permit had been applied for with the 1st Phase but has run out. Bloom stated it was not economically feasible to do Hidden Glen Phase 1 but with the additional 30 lots it is feasible. There were no comments from the audience. MOTION: Bentley moved, seconded by Tangen , to close the Public Hearing and to give 1st Reading to Ordinance 31-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen , to adopt Resolution No. 84-87, approving the preliminary plat of Hidden Glen 2nd Addition for Derrick Land Company. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations. Motion carried unanimously. E. MIN-TEX. Request for zoning and site plan amendment for 18.97 acres for two 2 office/warehouse structures in I-2 Park Zoning District. Location: West 70th Street west of Shady Oak Road. (Ordinance No. 33-94 - zoning. ) City Manager Jullie indicated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bernie Frye, Min-Tex, addressed the proposal . Senior Planner Franzen stated the Planning Commission had reviewed this request at its April 9, 1984, meeting at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated April 6, 1984. He noted there were additional materials handed out this evening. There was some discussion about the shape of the retaining pond and Frye noted it had been overdesigned. There were no comments from the audience. I City Council Minutes .9- May 11 1984 MOTION: Redpath moved, seconded by Anderson , to close the Public Hearing and to give 1st Reading to Ordinance No. 33-84. Motion carried unanimously. MOTION: Redpath moved. seconded by Anderson , to direct Staff to prepare a Summary Resolution of Approval as per Commission and Staff recommendations. Motion carried unanimously. F. EDEN GLEN CENTER by Urban Associates_ Request for zoning district change from Rural to Commercial Regional Service for 1.633 acres for 11 ,000 sq. ft. strip shopping center. Location: east side of Glen Lane between Singletree Lane and Eden Road. (Ordinance No. 34-84 - zoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dave Reimer, Urban Assoicates , addressed the request. Senior Planner Franzen said the Planning Commission had reviewed this request at its April 19, 1984, meeting at which time it recommended approval subject to the conditions included in the April 6, 1984, Staff Report. Bentley asked if there was adequate parking and if there was proof of parking on the site. Franzen said there was proof of parking unless all the establish- ments were in commercial use. Planning Director Enger stated it has been found that there are 512- - 6 spaces per 1000 sq. ft. in most places in the City where there is commercial use which is adequate -tihereas the Code calls for 8 spaces per 1000 sq. ft. Bentley said perhaps this should be looked at. Penzel asked what the proposed construction schedule was . Reider said they hoped to begin this month. There were no comments from the audience, MOTION: Anderson moved, seconded by Ta ngen; to close the Public Hearing and to give 1st Reading to Ordinance No. 34-84. Motion carried unanimously. MOTION: Anderson moved, seconded by Ta ngen, to direct Staff to prepare a Summary Resolution of Approval as per the Planning Commission and Planning Staff recommendations and any amendments thereto. Motion carried unanimously. G. VACATION OF EASEMENTS for parcels at the northeast corner of 78th Street and Prairie Center Drive Wes Texas Instruments. (Resolution No. 84--97 City Manager Jullie said notice of this Public Hearing had been published. Director of Public Works Dietz summarized the purpose of the vacations. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 84-97, vacation of utility and drainage easements and temporary slope and road easements on Lots 5 and 6, Block 1, Leona 2nd Addition and part of Lot 8, Auditor's Subdivision No. 335. Motion carried unanimously. City Council Minutes -10- May 11 1984 H. NATIONAL. CHILD CARE. Request for Planned Unit Development Concept Amendment and Planned Unit Development District Review and zoning from Rural to Neighbor- hood CDmmerci al' for a day care facility and preliminary plat of 17.28 acres into four lots. Location: southeast quadrant of Anderson Lakes Parkway and Highway ##169. (Ordinance No. 32-84 - zoning ; Resolution No. 84-88 - prelimin- ary plat. ) City Manager Jullie said notice of this Public Hearing had been-published and property owners within the project vicinity had been notified. 1 Jack Lynch, Westwood Planning and Engineering, representing the proponent, spoke to the proposal . Senior Planner Franzen stated this request had been reviewed by the Planning Conmi ssion at its meeting on April 9, 1984, at which time it had voted to recommend approval subject to the recorrunendations included in the Staff Report dated April 6, 1984. Penzel asked what type of access there would be off of Anderson. Lakes Parkway. Franzen said there would be full accesss. Planning Director Enger said a median cut had always been shown at this location. Anderson asked what type of fencing would be used around the school area. i Jack Voss, representing National Child Care, said the original plan did not identify the type of chain link fencing, He stated Staff had recommended that a berm be placed along Anderson Lakes Parkway which would hide the fencing. Enger noted that if it is bermed and screened it does not matter whether or not it is vinyl clad fencing, Penzel asked if a storm shelter was provided. Voss said he was unable to answer that question. Penzel said this must be addressed prior to 2nd Reading. Nancy Furst, 8693 Darnel Road, said it was too late in the evening for many people to be here tonight and also a group had been told at the Planning Commis- sion Meeting that this was going to be on the May 15th Council Agenda . She said the Council should have received a letter from the Child Care Worker's Alliance. Furst indicated that Day Care centers are not well monitored -- not as well as they should be. She went on to state that Eden Prairie will have only one kind of child care available that being the franchise-type operation. She said this is not the quality of care the city deserves: other options should be available to children and their parents . Redpath said the market dictates the type of day care by what the parents are going to choose. Penzel said this is a parental responsibilty which then keeps those centers going which are in demand. Penzel indicated the issues at hand: the propriety of the land use and does the City have adequate supervision of day care providers via State and City regulations. He noted that this issue should be referred to the Human Rights and Services Commission for its review. These two issues should be separated. The second issue is not before the Council this evening. City Council Minutes -11- May 1 , 1984 Furst asked that the decision to rezone the land be held until the matter is reviewed by the Human Rights and Services Commission. City Attorney Pauly stated the number of day care centers in the City is not a proper matter to be considered by the City Council ; the issue before the Council is one of zoning. rHe noted that currently the City has no regulations which apply to the control of day care centers so the City has nothing upon which to base a decision. Furst said she would like to see other types of child care encouraged rather than have more rules and regulations imposed. Voss said that all of their day care centers are licensed and have. certi- fied day care instructors. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 32-84. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 84-88, approving the preliminary plat of National Child Care for Eden Prairie Real Estate Investment Corporation. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement as per Commission and Staff recommendations and and amendments thereto, Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson ' to direct the Human Rights and Services Comrhi ssion to do a review of day care needs and alternatives in Eden Prairie and to make recommendations to the City Council as to what is needed. The matter of researching statutory regulations and increased licensing requirements was referred to the City Attorney. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 13309 . 13507 MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims Nos. 13309 - 13507. Roll -call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIOrNS There were no reports. VII . APPOINTMENTS A. Appointment of two (2) representatives to the Human Rights and Services Commission to fill unexpired terms to 2/28/86 MOTION: Anderson moved, seconded by Redpath, to appoint Bill Jackson and Woodrow Bjork to the Human Rights and Services Commission to fill unexpired terms to 2/28/86. Motion carried unanimously. City Council Minutes -12- May 1 , 1984 VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Letter from Vera P . Keller, Vice President of Operations - Factory Outlet Center, regarding request to amend Developer' s Agreement regarding sign restrictions Mayor Penzel called attention to a letter from Vera P, Keller in which she requested an amendment to the Developer's Agreement so that the Factory Outlet Center might construct more signs. He referred to a memorandum of April 27, 1984 , from Planning Director Enger which further addressed this request. Dan Leiberthol , center manager, spoke to the request noting that four canopy-type signs which would be for the purpose of identifying the build- ing are requested. Bentley asked if the request meets the Code. Enger said the original pylon sign was in exchange for the requirements of the Ordinance; a trade-off was made. Penzel asked if perhaps restrictive covenants might be required so that there would not be a proliferation of signs by individual stores within the center. Enger said this had been suggested. There was discussion regarding the size of other signs within that quadrant of the City. Enger said he was not sure that four signs are not excessive. Lieberthol outlined the reasons for the four signs. The Manager of one of the stores in the Center addressed the problems people have stated in finding the actual Center once they get into the area due to the lack of signs. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. deadline to 12:30 a.m. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to move the request with the stipulation that Staff work with Factory Outlet Center about reducing the size of the signs on the north and west sides of the building and that this be accomplished via restrictive covenants and not via an amendment to the Developer' s Agreement. Tangen said he felt the motion was too vague to support. He said he could not go along with the size of the proposed signs. Tangen said he would favor having this returned to Staff and then come back to the Council for its review. THE MOTION WAS WITHDRAWN. MOTION: Tangen moved, seconded by Anderson, to refer the matter back to Staff for renderings showing the entire structure and how the signs would look. This will then be reviewed the by Council at its meeting on May 15, 1984. Motion carried unanimously. City Council Minutes -13- May 1, 1984 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS . A. Reports of Council Members 1. Evaluation Review Form (Continued from 4/17/84) Penzel suggested that City Manager Jullie draft a job description and present that to the Council at its meeting on May 15 , 1984. The consensus was to continue this matter to the May 15, 1984, meeting. 2. Anderson - Bridge on County Road 4 Anderson stated the bridge over the railroad tracks south of Baywood Lane is unsafe for bike riders. Staff was directed to draft a letter to the County Commissioners noting a bikeway was created along County Road 4 with no provision for a bridge crossing. 3. Penzel - noted there will be a meeting of the Municipal Legislative Commission on Thursday, May 17, 1984, at the Oecathlon Club. B. Report of City Manager ~ There was no report. C. Report of City Attorney There was no report. D. Report of Director of Community Services 1. Community Education/City Recreation Programs ' Duplication continued from P1arch 27. 1984 Director of Community Services Lambert called attention to his memorandum of April 26, 1984, in which this issue was addressed. Carol Hone, 9001 Eden Prairie Road , said she felt the City programs are a good public relations tool for the City with over 2600 adults partici- pating in the various programs. She said she did not agree with the City releasing a program which is revenue producing. Hone said she wondered about asking the School District to add programs when it is attempting to make cutbacks . She said she felt the programs should remain with the City. Barbara Johnson; chairman of the Historical and Cultural Commission, stated Eden Prairie is a community of young families and the need for programs such as those offered by the City is only going to increase rather than decrease. City Council Minutes -14- May 1 , 1984 Bentley asked how the Council had gotten to this point: he said he thought the talk was that of combining the brochures and not transferring responsibilities to the School District. Penzel said he had received complaints over the last couple of years regarding the duplication of efforts by two agencies within the community. Anderson pointed out that the State Legislature approved a $5 per head tax which is used by the Community Education arm of the School Districts in the State. These monies cannot be allocated for anything but community education and/or recreation. Redpath asked if these programs raise money for the City. Lambert indicated it was a "wash." Lambert said the City would anticipate continuing to operate summer pro- grams and music in the parks, etc. He said initially the present coordinator position would be reduced to part-time. Lambert indicated the City would work on not duplicating what the School District is doing. Sandy Werts ,, Recreation Supervisor, noted that some of the City programs are run out of the Community Center. Bentley said he had concern about relinquishing control and program delivery. He said he felt that would be a loss of balance in the community. Lambert said there would be no money transferred to the School District. Bentley asked if a good effort had beer made at trying to coordinate efforts. Lambert said this would be possible once things are computerized within the City -—there has been good coordination between City Hall and the Community Center. He stated that the City and School District have rarely duplicated classes although they have had classes which are similar. Problems were created when the City and the School District had separate brochures. MOTION: Andersow moved', seconded by Redpath, to approve the transfer of recreation instruction programming to the Eden Prairie School District, and to direct Staff to work with the Community Education Department to assure proper implementation. Motion carried with Bentley voting "no. " 2. Eden Prairie Horsemen' s Request Director of Community Services Lambert referred to his memorandum of April 25, 1984, in which this request was addressed. Redpath asked what the City's liability would be. Lambert said he had discussed this issue with the City' s insurance carrier and he was going to research it further. Tangen asked how the improvements which would have to be made to build a riding ring would be paid for. Lambert said this would come out of cash park fees; this was not programmed for this year and thus would have to be deferred. City Council Minutes -15- May 1 , 1984 Penzel said he was inclined to suggest to the Horsemen that they do not have the participation to justify this type of expenditure. Pat Hartel l , Eden Prairie Horsemen President, said there- is no facility in Eden Prairie presently which is open to the general public -- the only facilities are in connection with private stables. Redpath said he was bothered by the liability question. Anderson asked how many other communities have riding rings. Lambert said Plymouth and Minnetonka have rings. Anderson asked how many City residents ride or have horses; do the numbers justify the cost? Hartell stated their club has about 55 members some of which are family members . MOTION: Bentley moved, seconded by Tangen, to refer this matter back to Staff for further review of the question of liability and to come back to the Council with further information on May 15, 1984. Motion carried unanimously. 3. Staring Lake Play Structure Proposal Director of Community Services Lambert called attention to his memorandum of April 11, 1984. MOTION: Tangen moved, seconded by Anderson, to authorize development of the Staring Lake Play Structure Site, Phase I , as per Director of { Community Services Lambert's memo of April 11 : 1984. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. E. Report of Director of Public Works 1. Award contract for signal installation at Flying Cloud Drive and Shad Oak Road, I .C. 6-05 Resolution No. 4-96 MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-96, accepting bid for traffic signals at Flying Cloud Drive and Shady Oak Road, I .C. 52-057. Roll call vote: Anderson, Bentley, Redpath, Tangen, and Penzel voted "aye. Motion carried unanimously. X. NEW BUSINESS XI . ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 12:35 a.m. Motion carried unanimously, a