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HomeMy WebLinkAboutCity Council - 04/21/1987 r APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, APRII, 21 . 1987 7: 30 PM. CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris , and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant to the City Manager Craig Dawson. City Attorney Roger Pauly, Finance Director John D . Frane , Director of Planning Chris Enger, Director of Community Services Robert Lambert . Director of Public Works Eugene A . Dietz , and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . { I . APPROVAL OF' AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: I . A . Presenta- tion on Ice Show at Eden Prairie Community Center; X . A . 1 . Peterson - Proposed Proclamation rom the Optimist C U; X . A. 2 . -Peterson - Rescind evious Motion on Strategic Planning; X . A . Harris - Discussion of Memo Regarding Referendum- Flyer; X . A . 4. Anderson - Request for Speed Limit Change on County Road ; X . B . 3 . Set a Special Meeting to Deal with International School . MOTION: Harris moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published . Motion carried unanimously. A . Presentation on Ice Show at Eden Prairie Community Center Rick Bolinski, Superintendent of Recreation, presented Council- members with tickets to the upcoming Ice Skating Show at the Eden Prairie Community Center on May 2 and 3 , 1987 . He said the figure skating program has grown from 50 members to 4.00 members in just one year . II . MINUTES A . City Council Meeting held Tuesday. March 24, 1987 ' t The following change was made to the Minutes: page Five , paragraph six, sentence three -- change "McDOT" to "MnDOT" . City Council Minutes -2- April 21 , 1987 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Special City Council meeting held March 24, 1987 , as amended and published . Motion carried unanimously. B . City Council Meeting held Tuesday, April 7, 1987 MOTION: Harris moved, seconded by Pidc ock, to approve the Minutes of the regular City Council meeting held on April 7, 1987, as published . Motion carried unanimously . s III . CONSENT CALENDAR A . Clerk ' s License List B . Resolution No . 87-100, Proclaiming the week of April 21 - 25 as Local Chamber of Commerce Wee' C . AMETIDMIE1VT Or CriA Pi E R 11 , CITY CODE . 2nd Reading of Ordinance No . 9- 7 Amending C ti y Code Chapter 11 , Entitled Land Use Regulation (Zoning) , and REadoption of City Code Chapter 11 in its Entirety as Amended Herein, 1 ) by Re- numbering Several Paragraphs Under Definitions ; 2 ) by Including Definition for a Maximum Base Area Ratio; 3 ) by Changing Special Requirements for Filing and Recording of Legal Descriptions and Zoning District Changes ; 4) by Including a Column Designating Maximum Base Area Ratio; 5 ) by Amending Mechanical Equipment Screening Standards; 6) by Including Provisions for Required Landscaping in Residential Districts ; 7 ) by Changing Provisions Relating to Off-Street Parking Space Requirements for Office Use and Amending Exterior Material Design Standards to Omit Factory Fabricated and Finished Metal Framed Panel Con- struction; 10) by Adding Golf Courses as Permitted Uses in Rural Districts Exclusively; 11 ) by Providing for a Maximum Square Footage. Requirement for Supporting Commercial Sales and Services to Office Users within Large Office Structures; 12 ) by Adding a Requirement Limiting the Square Footage Maximums for Neighborhood Commercial Serv- ices and Community Commercial Services ; 13 ) by Providing for a Maximum Percentage of Gross Building Area That Supporting Minor Commercial Uses Can Occupy in Industrial Districts; 14) by Adding a Requirement to Specify "End Land Use" After Land Alteration Occurs and Identify Zoning of Property After Land Alteration Occurs Under Section Entitled Mining Operation and Land Alteration Regulations ; 15 ) by Providing for a Maximum Size of Name Plates as Permitted Under Home Occupation Code; 16 ) by Renumbering Several Paragraphs Under Subdivision 2, Entitled Sign Permits; 17) by Adding a Definition for Sign Base; 18) by Adding Area Identification Regulation Criteria Under City Council Minutes 3 April 21 , 1987 Subdivision 3 Entitled General Provisions ; 19) by Adding Sign Base Criteria Under Residential Districts ; 21 ) by Amending That Poi pion of the Commercial Sign ordinance by Consolidating Permitted Commercial Sign Criteria Under -A One Heading for All Commercial Districts ; 22 ) by Deleting Paragraph D of Subdivision Four of Section Entitled Sign Permits; 23 ) by Amending That Portion of the Office Sign Ordinance by Including Provisions for Wall Signs for Each 4 Elevation and Including Sign Base Criteria; 24) by Adding Sign Base Criteria to Industrial Districts; 25 ) by Adding Sign Base Criteria to Public Districts; 26 ) by Relettering Paragraphs under Section Entitled Sign Permits; 27) by Adopting Zoning Map Entitled "Zoning Map of the City of Eden Prairie , " dated January, 1987 ; and 28 ) Read option of City Code Chapter 11 in its Entirety as Amended Herein. D . 2nd Reading of Ordinance No . 1 -87, Re eating Section 2 .12 Entitled "Development Commission- , of the City Code E . TOPVIEW ACRES 5TH ADDITION by Jerrold T . Miller and Cris R . Miller. Approval of Amendment to Developer' s Agreement for Topview Acres . 3 .7 acres into six single family lots and one outlot . Location: Northwest quadrant of Gerard Drive and Beehive Court . F. PRAIRIE VIEW CENTER 2ND ADDITION by Prairie View Associates . Approval of Amendment to Developer' s Agreement for Prairie View Center. 14.6 acres into two lots . Location: North of Plaza Drive, east of Prairie Center Drive . G. Change Order No . 2, Valley View Road Improvements, I .C . 51 -272 H. PreliminaEy-and Final Plat Approval for Willow Creek 3rd Add ition- for approximately eight acres; App oval of Amend- ment to Developer' s Agreement for Willow Creek Farm. Location: (West of U .S . Hwy. 169 and south of Willow Creek Road ) (Resolution No . 87-91 - Preliminary and Final Plat Approval ) 1 . Final Plat Approval for Edenvale 21st Addition (SE Corner of Woodland Drive and Edenvale Boulevard) Resolution No . 87-94 J . Final Plat Approval for To iew Acres 5th Addition (Beehive Court l Resolution No . 87-96 K. Final Plat Approval for Meadow Park 3rd Addition (NW corner of Homeward Hills Road and Su!MXbrook Road ) Resolution No .7 87-97 L. Receive Southwest Suburban Cable Commission 's (SWSCC) Annual Report for 198Z City Council Minutes -4- April 21 . 1987 MOTION: Anderson moved , seconded by Pidcock, to approve Items A - L on the Consent Calendar . Motion carried unanimously. IV . PUBLIC HEARINGS A . BLOSSOM RIDGE ADDITION by G . W . Pearson . Request for Zoning District Change from R1 -22 to R1-13 .5 on 1 . 7 acres, and Preliminary Plat of 3 .1 acres into four single family lots and one outlot . Location: South of Blossom Road, east of Bennett Place . (Ordinance No . 15-87 - Rezoning; Resolution No . 87-86 - Preliminary Plat ) y City Manager Jullie said proponent has requested that this be continued to the May 19, 1987 meeting of the Council . MOTION: Bentley moved , seconded by Anderson, to continue this Public Hearing to the May 19 , 1987 meeting of the City Council . Motion carried unanimously. B . CARDINAL CREEK RIDGE by Countryside Investments, Inc . Request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential on 23 .1 f acres, Planned Unit Development Concept Review on 23 .1 acres, Planned Unit Development District Review, with Zoning from Rural to R1-13 .5 with variances on 23 .1 acres, and Preliminary Plat of 23 .1 acres into 37 single family lots and road right-of-way . Location: East of Baker w Road and Edenvale Boulevard intersection, west of Inter- state I-494. (Resolution No . 87-87 - Comprehensive Guide Plan Amendment ; Resolution No . 87-88 - PUD Concepts Ordi- nance No . 16-87-PUD-3-87 - Rezoning and PUD District Review, Resolution No . 87-89 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Ron Kruger, representing proponent , addressed the proposal . Planning Director Enger said the Planning Commission re- viewed this item at the March 23rd meeting and recommended approval on a 6-0 vote , subject to the recommendations of the Staff Report of March 20th and based on plans dated f March 6, 1987. Since that time they have received revised } plans dated April 1 , 1987 . Enger noted this is a difficult site to develop and the decision to develop it as single family has ramifications as to the natural features on the site . He said the site has a combination of steep-sloped hills, mature oak woods and a pond . In accordance with the tree replacement City Council Minutes -5- April 21 , 1987 policy established by the Council, proponent will have to replace approximately 50;r or roughtly 1700 caliper inches of the trees . Enger said proponent is required to provide for the right- of-way needed to construct the east-west cul-de-sac on the property line to the north, prior to final plat . Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item at the April 6th meeting and , on a 7-0 vote, recom- mended approval per the Planning Commission and Staff recommendations . Pidcock asked Enger if he was saying that a medium density project would be less impactful on this site . Enger res- ponded that an alternate approach to development on this site would be to build primarily in the clear areas, and that would most likely mean development as townhouses or . cluster-type housing. Anderson said he was concerned about the amount of grading and asked for further details on the amount of grading and fill proposed for the site . He said a lot of work was done with the County to not cut back the banks of some of the hills and to put in retaining walls, and he hoped those efforts would not be wasted by development of this project . Enger said there will be a couple of hundred feet of woods that will be saved between the road , the retaining walls on Baker Road and the subdivision. Anderson asked if the 20-foot cut through the project is necessary -to make this project work. Enger replied that Staff had suggested a different land use but proponent wanted to pursue single family. He said they then suggested that the end of the cul-de-sac on the east be pulled back in order to save more trees on the southern knoll and that there be fewer but larger lots . Staff had also suggested that the R1-44 zoning district be used in this development in order to save more of the natural features . He said, however, that the project tonight is the program proponent chose to pursue . Anderson asked if there are any assurances from the developer regarding the maintenance of the water level in the Fond . Mr . Kruger said there won' t be an outlet installed ; so it will remain as it is . Anderson said that means, then, that the pond will just be allowed to dry up during dry weather. City Council Minutes -6- April 21 , 1987 Dick Burry, representing the owner of property on the west of the development , said their piece of property is being chopped up. He said they had suggested to the proponent that their property be combined with this devel- opment to make more lots . He said this development will leave 1-112 acres of their property as an isolated island . Art Roberts , representing the Cardinal Creek Homeowner' s Association, said they are generally enthusiastic about this proposal , but they do have some concerns about traf- fic safety and traffic flow as well as duplicating the name Cardinal Creek for any streets or for the name of the development itself . Bentley said he thought the issue comes down to whether this is an appropriate land use . He said in light of surrounding development to the south and the southeast, this does become an appropriate use ; therefore , we take on the additional responsibility of allowing a greater amount of cut , fill and tree loss than would occur with a multiple type of development . He said , while he under- stood Mr. Burry' s dilemma, he did not feel there is much that can be done at this time as there are no alternate proposals before the Council . Enger said that access to Mr . Burry' s property would prob- ably best be provided off this subdivision, but it would create a considerable amount of damage in that area, particularly to the trees . Mr . Kruger said they had looked a at the property but it didn ' t fit into their proposed lot size . Pidcock asked what the price range will be . Mr. Kruger said the lots start at approximately $75 , 000 . Anderson said he was concerned about the visual impact of large two-story houses, as they may be noticeable above the tree line from surrounding neighborhoods . Kruger said the trees are white oaks and as such are not as high as red oakst however, all of the roofs in the subdivision will be constructed of cedar shakes so there will be no color variation from house to house . He said the covenants will specify cedar shake roofs . Pidcock asked if we have a copy of the covenants and if they will be part of the Developer' s Agreement . Enger said we have a copy and they will be part of the Developer' s Agreement W 4 City Council Minutes -7- April 21 , 1987 "z MOTION: Harris moved, seconded by Pide ock, to close the Public Hearing and to adopt Resolution No . 87-87 approving the Comprehensive Guide Plan Amendment , subject to approval by the Metropolitan Council . Motion carried unanimously. MOTION: Harris moved, seconded by Pide ock, to adopt Resolution No . 87-88 approving the PUD of Cardinal Creek for Countryside investments , Inc . Motion carried unani- mously . MOTION: Harris moved , seconded by Bentley, to give 1st Reading of Ordinance No . 16-87-PUD-3-87 for rezoning from Rural to R1-13 .5 for 23 .1 acres a4id for PUD District Re r. view . Motion carried unanimously . 6 MOTION: Harris moved , seconded by Bentley, to adopt Resolution No . 87-89 approving the Preliminary Plat of Cardinal Creek Ridge for Countryside Investments, Inc . Motion carried unanimously . MOTION: Harris moved , seconded by Pidcock , to direct Staff to prepare a Developer' s Agreement incorporating Commission and Staff recommendations . Motion carried f unanimously. t C . Feasibility Study, for Prairie View Drive/St . Andrew Drive Improvements, I .C . 2-1U Resolution No. 87-92 ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . He said the purpose of the Hearing is to determine if the Council wishes to order 1 in the proposed improvements . If the decision is made to go ahead with the improvements, the final cost to be assessed will be the subject of a future Public Hearing held after the completion of the project . Director of Public Works Dietz noted that a petition for the improvements was received last year from the majority of the property owners along Prairie View Drive . As a result of the feasibility study, Staff determined it would be beneficial to include St . Andrew Drive in the project He reviewed the improvements proposed and said the total cost for the project is approximately $448 ,000 . He then reviewed the preliminary Assessment Roll for the project j and the alternative methods of assessing the project costs. Dietz said 13 people attended the informational meeting held last week. Discussion at that meeting centered around the merits of special assessments and if there was a benefit to the properties as a result of this project . He said he had determined that the properties on Prairie City Council Minutes April 21 , 1987 View Drive are scheduled for reappraisal for the January, 1988 assessment; therefore the proposed project , if com- pleted, would very likely affect the valuation of the lots to some extent . He noted that the average cost to connect the homes to the service stubs would be about $2 , 000 . Dietz said the City has a policy established in the early 1970s to give a $1 , 000 credit to homesteaded property built prior to June , 1971 in order to recognize that those properties would lose some value for their septic and well systems . Peterson asked what the improvements are to St . Andrew Drive . Dietz replied the improvements to both streets would be concrete curb and gutter, gravel-based bituminous street surface , and the installation of storm sewer. Pidcock asked what is the average assessed valuation of the properties there . Dietz said he didn 't know. Paul Shee, 7288 Prairie View Drive, said the homes in the area are generally $100, 000 or less . He expressed concern that the process of notification for the Public Hearing and the informational meeting did not clearly indicate what would happen and when . Dietz responded that Staff decided to send out the official notification within the assessment booklet . Peterson asked if a booklet which includes a letter notify- ing residents of a Public Hearing is legally acceptable . City Attorney Pauly said he thought that was sufficient, although it might not be as clear . Peterson said he thought that wasn' t a very effective way of handling notice of Public Hearings . Peterson asked if there are a number of residents who are not aware of this meeting tonight . Mr . Shee said he had gone around the neighborhood yesterday reminding peoples however, his concern was with the question of whether there would be formal action taken that would constitute a levy assessment . Peterson said this is not an assess- ment hearing, but he wanted to be sure that the neighbor- hood was properly notified . Bentley noted that the Feasibility Study presents estimated costs only, and the actual costs may be higher or lower. He said the purpose of this meeting is to determine whether the project should be ordered in. If it is ordered in, then at some point someone will have to pay for it and that determination will be made at a separate Public Hearing for all the Special Assessment issues that have occurred . s a r City Council Minutes -9- April 21 , 1987 Pidcock noted that if this project is approved tonight , y all property owners will have a pending assessment against their property . Peterson said he wanted to resolve the propriety of the Public Hearing notice . I-e said he didn't know if there was any to determine if there are people not present tonight because of not knowing about the meeting. Mr . Shee said that he had tried to contact several people who are not here tonight . Anderson asked if there would be any problem with continu- ing this item for two weeks . Dietz said there would be no problem, but noted that by sending out the report and offering an informational meeting more effcrt had been . spent on this project than on any previous feasibility study . He said the notice of the Public Hearing was in the report and was properly published in the newspaper. Peterson said no one is questioning the intention of the Staff, but if several people couldn't find the notice in the booklet , then we have to believe that the best inten- tions of Staff weren' t successful . MOTION: Anderson moved, seconded by Pidcock, to continue this Public Hearing until the next meeting of the City { Council and to direct Staff to send a letter to all property owners affected informing them of the continu- ance of this Public Hearing to May 5th . Motion carried unanimously . D. Feasibility Study for Bennett Place and Blossom Road Improvements, I .C . , 2- OS Resolution No . 7-9 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified . Peterson asked those residents present for this hearing j if there were any problems with the notices . There were none stated . Director of Public Works Dietz reviewed the details of the proposed improvements for Bennett Place and Blossom Road and pointed out the location on a map. . He said the City received a petition from the property owners of Bluestem Hills and others for the construction of Bennett Place and the improvements that would go with it . After discussion it was agreed that the Blossom Road improve- ments should be included in the feasibility study . Dietz said they are suggesting Bennett Place be constructed as a 28-foot wide street with a 50-foot right-of-way after t s J ix :4 City Council Minutes -10- April 21 , 1987 y Q. the intersection with Blossom Road because of the steep grade and vegetation . He said after much discussion on the alternatives, they are recommending that Blossom r. Road be realigned onto County Road 1 rather than terminat- ing it in a cul-de-sac . He reviewed the other details of the project and said the total cost will be approximately $533, 000 . Dietz then distributed a revised Preliminary Assessment Roll for the project and reviewed the alternative methods for assessing -the project . He also distributed copies of a letter from Mr. Ray N . Welter, Jr. , dated April 13 , 1987 objecting to the realignment of Blossom Road . (Attachment A ) s Mrs . Moorhead, 9969 Bennett Place, said it is the developers who are requesting that these improvements be made . She said with her proposed assessment of $31 ,000 she will be forced to sell the property to another developer or not be able to pay the taxes . She was concerned that there were so few of them to absorb the costs just for the benefit of the developers . Ray Welter, Jr. , 11650 Pioneer Trail, said his house will, in effect , become an island in the middle of tar and cars if this project is completed . He said he thought the alternative of a cul-de-sac was a much better idea . Sharon Holand, 11231 Creekrid ge Drive , asked why there is no assessment for Lot 29 . Dietz said that with the con- struction of Bennett Place there was an extremely heavy assessment to the adjoining properties and that particular lot was included in the previous improvements to Bennett Place . Carol Burnett, 9940 Bennett Place, said she will be assessed $43 ,000 and is concerned about how much extra it will cost her to hook up to the sewer and water once it is available . Harold Johnson, 9995 Bennett Place , said he was involved in developing a portion of his property and didn't believe he should be assessed for the entire three acres . Dietz said this had been discussed , and there are no assessments accruing to this property because of water or sanitary sewer construction on Blossom Road . Bentley noted that the actual assessments to be levied and the conditions of the assessments would be determined ( after construction is completed at the Special Assessment '4. hearing. He then noted that such conditions might possibly City Council Minutes -1 1 - April 21 , 1987 include provision for deferring the assessments on those properties that would probably be subdivided in the future until such time as the properties were hooked up or were subdivided or provision for placing a cap on the amount of interest that would accrue on the assessment . He then said the question of Mr. Welter' s house will have to be dealt with before we can take action this evening. Pidcock asked if the Moorhead property of 1 .85 acres will be given one hookup or will it be done so that it could ti be subdivided . Dietz said it will be done so that it can be subdivided in the future . He said the feasibility study provides that we will put services at all locations where it appears there will be some type of development in the future . Justin Moorhead , 9969 Bennett Place, expressed concern about a draft plan of development for his property . Dietz said that the Planning Staff had asked for and received a proposal from the developer about what could be done in that area, but that it was a draft only. Peterson said the residents would have an opportunity to work with Staff on the details of the improvements, and .. they would also have the benefit of the Assessment Hearing to have input in that process . Don Sorenson, 7121 Willow Creek Road , noted that all assessments will have to be paid by someone , even though assessments may be deferred or otherwise dealt with, and the City may ultimately have to pay for such deferred or non-assessable items . Pidcock asked Dietz what he would propose for Mr. Welter' s property . Dietz responded that , concurrent with the development of construction plans, we should get appraisals of the property to see what the cost will be to build the road as we show it, and then return to the Council for a final determination to see if it will be worth the cost . MOTION: Anderson moved , seconded by Harris, to adopt Resolution No . 87-93, ordering preparation of plans and specifications for I.0 . 52-1050 Bennett Place and Blossom Road Utility and Street Improvements. Bentley noted that the Council has been aware of the need. for improvement of Bennett Place and Blossom Road for some time and , regardless of the action here tonight, the properties in that area will ultimately be developed in some other manner. V City Council Minutes -12- April 21 , 1987 VOTE ON THE MOTION: Motion carried unanimously . V . PAYMENT OF CLAIMS NOS . 34032 - 34362 Pidcock asked about Item No . 34035 to the Mn . Dance Theatre for $1200 . Director of Community Services Lambert said this was for a concert by that group at the High School sponsored by the Historical & Cultural Commission. She then asked about Item 34059 to the City of St . Anthony for $93 .50 . Natalie Swaggert said this was for a dinner with guest speaker for City employees sponsored by the League of Minnesota Cities . Pidcock asked about Item No . 34161 to Dorsey & Whitney fox $5300 . Bentley said that item was for a bond issue . She then asked about Item No . 34170 to E . P. Liquor #1 for $54.46 . City Manager Jullie said that was for pop for the employees on moving day . MOTION: Bentley moved, seconded by Harris, to approve the Payment of Claims Nos . 34032 - 34362 . Ro]U call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye . •' Motion carried unanimously . VI . ORDINANCES & RESOLUTIONS A . CARDINAL HILLS by New American Homes Corporation. 2nd Reading of Ordinance No . 6-87 , Rezoning from Rural to R1 -13 .5; Approval of Developer ' s Agreement for Cardinal Hills ; and Adoption of Resolution No . 87-58, Authorizing Summary of Ordinance No . 6-87 and Ordering Publication of Said Summary . 39.5 acres into 59 single family lots, three outlots, and road right-of-way. Location North of Cardinal Creek Road , west of I-494 (Ordinance No . 6-87 - Rezoning; Resolution No . 87-58 - Authorizing Summary and Publication) City Manager Jullie noted that typically 2nd Reading of a project is handled on the Consent Calendar; however the question of access was of primary concern on this project so it is being considered as a separate item. He said the documents are in order except that the Owner ' s Supplement to the Developer' s Agreement has not yet been signed . Bentley asked if this can be given 2nd Reading, subject to final signing of the Developer' s Agreement on the part of the developer. Jullie said it might be appropriate to grant approval and direct Staff to not issue any per- mits until that document is in hand and that the proponent acknowledge this evening that that will be the case . Mr . Kramer, representing proponent, said they concur with that . 1' k,. yy P' City Council Minutes -13- April 21 , 1987 3 Pidcock asked about it being called Cardinal Hills rather r than Cardinal Creek Hills . Planning Director Enger said a` the name of the subdivision has been changed to Cardinal Hills . MOTION: Bentley moved , seconded by Anderson, to give 2nd Reading of Ordinance No . 6-87 for rezoning, with the understanding that no permits will be issued until such 4 time as all necessary signed documents are received from the developer. Pidcock asked City Attorney Pauly for his opinion. Pauly responded that his personal view is not to approve things on condition because fulfillment of the conditions is nct a part of the record and the undoing of a zoning statute requires certain procedures . A discussion followed as to the best method of proceeding on this matter. AMENDMENT TO THE MOTION: Pidcock moved, seconded by. Harris, to amend the motion to add "and with the under- standing that Staff will provide a Resolution at the next Council meeting indicating that all documents relative to this project have been approved . " VOTE ON THE AMENDMENT: Motion carried with Bentley opposed . VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No . 87-58, authorizing the Summary of Ordinance No . 6-87 for Publication. Motion carried unanimously. B . 1st Reading of Ordinance No . 14-87, Relating the Posses- sion, Service and Consumption ofLiguoi� Beer Keys, Beer and Wine in Public Parks City Manager J ullie reviewed the proposed ordinance re- garding the use of alcohol in public parks . MOTION: Bentley moved, seconded by Anderson, to give 1st Reading of Ordinance No . 14-87, Regulating the Posses- sion, Service and Consumption of Liquor, Beer Kegs, Beer and Wine in Public Parks . Anderson said he thought the people who use the beverages are part of the problem. He said he believes the greatest cause of complaint is about softball teams using the parks . He said he would like to see stronger enforcement of those groups of people who do not handle alcoholic beverages. well . Director of Community Services Lambert said there are City ordinances regard Ing drunk and disorderly conduct ;a ,3 City Council Minutes -14- April 21 , 1987 k as well as the use of foul language, but enforcement is a difficult thing. He said people should talk to the Park Ranger if they feel offended . Harris said she understood this to read that liquor is prohibited without exception and that wine is prohibited only in Round Lake Park . Lambert said the intent was to allow beer and wine everywhere except at the Flying Cloud Athletic Fields and the part of Round Lake Park that is north of Valley View Road . A discussion followed regard- ing the interpretation of the proposed ordinance . VOTE ON THE MOTION: Motion carried unanimously . VII . PETITIONS, REQUESTS & COMMUNICATIONS A Request from CSM (Fountain Head Apartments ) for an exten- sion to November 1 1987 to start development of up to 9 units 9, 0 000 Re solut o�n No . 87-90 City Manager Jullie said the CSM project is a multi-family residential project along Hwy . 169 south of Prairie Center Drive . He said they have requested an extension of the construction date in the bond agreement from May 1 to November 1 , 1987 . He also noted they have reduced the project so that it would go up to 495 units . In December, 1985 the City Council approved issuance of $64,000,000 in Housing Revenue Bonds ; however, proponent now foresees the use of $39,600,000 of the HRBs, so the balance of the bonds will be called . Bentley said one of the initial concerns on this project was the intensity of development proposed ; however, the project is obviously being scaled back at this point . He said his only question is whether we can legally grant an extension of HRBs when they are technically not being allowed on a tax exempt basis . City Attorney Pauly replied that these bonds have already been placed so the sale has already occurred and it is just a question of refunding them. Bentley asked if it could be impacted under the new tax laws by the fact that the construction has not yet taken placer therefore it might be determined that the bonds are no longer tax exempt . Finance Director Frane said f the reduced scope of the project is acceptable and the temporary sale of the bonds with expected resale in the future is okay. He said the dates for calling of the bond issue were dates imposed by the City. Harris expressed concern about the delay and asked if we have assurances that the project will go forward . dr City Council Minutes -15- April 21 , 1987 Gary Holmes, President of CSM, said the delays have occurred because it is a difficult site with a number of issues involved such as proposed roads in the area, wetlands, and the terrain.. He said it will. take from now until November to get through the process and begin construction. He said that they have spent in excess of $1 .2 million on this project already so he would certainly hope the project would continue . Pidcock asked if they have closed on the property. Holmes said they have not . Bentley noted that this issue was granted at a time when it appeared there would be a dramatic change in the tax law, and there was a big rush for a lot of HRBs. He said it was understood on our part that the project was specu- lative in nature . A discussion followed regarding the reason for delays in this project when other projects have gone ahead . Holmes said the scope at the start was an 800 unit project with larger acreage . He said the process of dealing with several property owners, proposed roads, working with the Planning Staff and arranging financing has taken several .. months to put together . He said the bond financing alone is very complicated ; however, they now have commitment from a lender and are ready to go. MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No . 87-90 extending the construction date required in the bond agreement to November 1 , 1987. Motion carried with Harris abstaining. B . Concept Plan Approval for T .H. 212 Corridor/Official M_ppi�_Process Director of Public Works Dietz reviewed the alignment of the proposed T.H. 212 corridor concept plan . He said it is only a concept plan that was drawn from an aerial flight in the area. He said the State is asking that we adopt a resolution approving the concept plan. They will then develop the necessary surveying data to go through the final mapping process . He also reviewed the changes pro- posed by the Planning Staff on the western portion of the corridor plan and noted that those changes had been dis- cussed with the State . Bentley asked if by approving this concept plan, we are approving the intersection configurations. Dietz replied that as a result of this concept approval, they will get nR b, City Council Minutes -16- April 21 , 1987 legal descriptions of the area to be encompassed ; there- -' fore we would be approving the configurations, with some possible future flexibility . He said the purpose of this is to protect a corridor for the highway . Bentley said he thought the concept for the intersection of Prairie Center Drive is the most expensive one that can be put together in terms of soil correction and other items . He said he also thought a folded diamond intersec- tion makes very poor use of the land and makes for very poor traffic flow. He said he thought we should be care- ful about committing ourselves to a particular type of intersection. Dietz said the process is really y just beginning and the environmental work has yet to be completed on the project . He said the Met Council will have something to say on intersection location and design. . Planning Director Enger said Staff worked with MnDOT to suggest the folded diamond intersection when it was de- cided to hold the opportunity for an intersection there after the Met Council refused to extend the MUSA line and Dell Road had to be moved to the east within the cur- rent MUSA line . He said it was possible that there might be further discussion of not having that intersection at all . Anderson said the concept is the important part and we a must recognize that we have to preserve the right-of-way somewhere along the line . He said he believed this is the proper time to approve the T .H. 212 concept plan . City Attorney Pauly said the alignment will ultimately have to go through the Planning Commission and a Public Hearing must be held prior -to the final adoption. Peterson asked if we have any sensing as to how Chanhassen might go on this . Dietz said that Chanhassen wants the road and their staff feels this alignment does more for their downtown improvements than the southern alignment would. Peterson then asked if our approving of this concept would limit the people and the staff in Chanhassen in their deliberations . He asked if we should have any formal conversation with the staff in Chanhassen prior to any formal approval of the concept plan. Bentley said historically Eden Prairie ' s position has not been in favor of the route that goes south of Lake Riley 'c . City Council Minutes -17- April 21 , 1987 as that would have a detrimental effect on our park development , but rather has been in favor of the northerly alignment . He said he felt this is really a reaffirmation of previous action by the Council which set the corridor after a large hearing was held on the subject . MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No . 87-95, T .H. 212 Concept Approval . Motion carried unanimously . VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS A . Anointment of Steve Cwodzinski to the Bicentennial of the U.S. Constitution Committee MOTION: Harris moved , seconded by Pidcock, to appoint Steve Cwodzinski to the Bicentennial of the U.S . Consti- tution Committee . Motion carried unanimously. f X . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A . Reports of Council Members 1 . Peterson - Proposed Proclamation from the Optimist Club Peterson referred to the letter from the Optimist Club of Eden Prairie dated April 18, 1987 with an attached Proclamation. He said they wanted to call attention to their "Just Say No" Program and, after discussions with Rick Bolinski, decided to join with the City on the Arbor Day Walk . Peterson said he would prefer to reword the fifth paragraph of the draft proclamation as he felt it implies a joint-sponsorship of the Arbor Day Walk. MOTION: Pidcock moved, seconded by Bentley, to adopt Resolution No . 87-101 declaring May 2, 1987 as "Just Say No" Day in the City of Eden Prairie, with the fifth paragraph of the Resolution to read as follows: "WHEREAS, The Eden Prairie Optimists have planned a "Just Say Not, Walk against drugs in the City of Eden Prairie, in conjunction with the City' s Arbor Day Walk; " Motion carried unanimously. f City Council Minutes -18- April 21 , 1987 2 . Peterson - Rescind Previous Motion on Strategic Planning Peterson noted that at the April 7, 1987 meeting the Council moved to retain a consultant for Strate- gic Planning and to schedule meetings to begin the process . Subsequently the Councilmembers had decided not to proceed at the present time and to reschedule this for the fall . MOTION: Pidcock moved, seconded by Anderson, to rescind the action of the Council at the April 7, 1987 meeting regarding the Strategic Planning process and to reschedule this item for the fall of 1987 . Motion carried unanimously. 3 . Harris - Discussion of Memo Regarding Referendum Fl rye r i Harris said she was struck by the memo from Mr. Lambert which addressed the issue of a flyer that was circu- lated during the recent Park Bond Referendum. She said she was not aware of the flyer at the time of the referendum; however, she thought it was important to correct the record for those who may have been mis- guided by this misinformation. She said she thought there should be some indication in the official City newspaper calling attention io the fact that there was misleading information circulated via this flyer and explaining what the correct information is . While it may not be possible to identify the individu- als involved in perpetrating what she considers to be fraudulent information, Harris urged that the Council take a position publicly by identifying the action, the inaccurate information and the correct status regarding the park system. Bentley said he would support what Mrs . Harris suggested s but would further suggest that, per Mr. Pauly' s memo, the election does fall under the definition of special elections in the State laws and therefore the dis- semination of unsigned literature by persons unknown is a violation of the law. He said he would urge that the City Manager be directed to ask Public Safety to mount an investigation of the identify of individuals involved and, if so identified, that the proper prosecu- tion be undertaken. Anderson said he would strongly concur as he was ex- tremely irritated by the erroneous information contained City Council Minutes -19- April 21 , 1987 Ar in the flyer. He said he believes such a letter or flyer is misleading and is dishonest . Bentley said he doesn't discourage anyone from speak- ing out in opposition to anything, but he is irritated when people make misleading statements that could poten- tially impact an election, and thereby influence public policy without identifying themselves . Peterson said the issue is the requirement that we expect literature or expressions to come with the force of a person, not whether a person is accurate or inaccurate . MOTION: Bentley moved, seconded by Anderson, to direct Staff to work with the City newspaper to make known the position or the City Council regarding the misleading information about the Park Bond Referendum circulated prior to the referendum and to make known the correct information regarding the Eden Prairie park system; further, to direct the City Manager to work with Public Safety to mount an investigation of the identity of the individuals involved and , if so (( identified, to undertake the proper prosecution of 1. those individuals . Motion carried unanimously . 4. Anderson - Request for Speed Limit Change on County Road Anderson noted that the speed on County Road 1 is presently 50 MPH and that a six year old girl was hit by a car on that road last week . lie said this is essentially a residential area from Hwy. 169 to Hwy. 18 and there is a heavy amount of pedestrian traffic as well as some churches in the area. He said he thought we should contact the County and request that the speed limit be lowered to 40 MPH. Director of Public Works Dietz said we could bring a resolution back at the next meeting. He said, however, that there is a chance that they might actually raise the speed limit . Anderson said we don't have sidewalks or wide shoulders along the road in that residential area and, as a Council , we really have to look out for the welfare of the residents . MOTION: Anderson moved, seconded by Bentley, to direct Staff to prepare as strong a resolution as possible requesting that the speed limit on County Road 1 be lowered . Motion carried unanimously . City Council Minutes -20- April 21 , 1987 Pidcock commented on the lack of lighting in the parking area at the new City Hall facility . Jullie noted that we are checking into the installation of lighting but noted that the City will probably have to pay for it . B . Report of City Manager 1 . Restructuring of Benefit Program City Manager Jullie noted that about a year ago James $ Bissonett & Assoc . came to the City with a study they had done of employee benefits in other cities and suggested that it might be good for the City to review some changes and perhaps go away from the County system. Referring to the memo of April 16, 1987 from Ms Swaggert, Jullie said the benefit feasibility study is complete and the proposed restructured program is summarized in the attachment to the memo . Jullie said there will be a substantial savings to both the City and the employees from the restructured program. Bentley said he thought the proposal looks good and asked who is the carrier of the disability program. Mr. Azen, of James Bissonett & Assoc . , said the carrier is Mutual Benefit . Bentley then asked what their defini- tion of disability is . Mr . Azen replied it is the inability to perform the duties of your occupation. A discussion followed regarding the details of the disability provisions . Bentley asked who is the carrier of the life insurance under the basic provision and if it is level term. Azen said it is level term and the carrier is Guarantee Mutual . Anderson asked if the City Staff has been surveyed on these changes and noted that changing medical coverage can be a traumatic experience for some people . Jullie said there has been substantial discussion with Staff and that the major impact is to the 14 employees now enrolled in Group Health who will no longer have that option; however, he didn't anticipate a serious problem with that . Bentley asked if there would be a pre- existing condition clause that would affect those 14 employees. Azen said neither MedCenter nor PHP will subject them to a pre-existing condition clause . Pidcock asked if the providers are Minnesota companies . Azen said that , while Minnesota companies were asked 4 t iM City Council Minutes -21- April 21 , 1987 to bid, the providers of the disability and life rt insurance are not Minnesota companies . MOTION: Bentley moved, seconded by Harris, to author- ize the City Manager to proceed with the implementa- tion of the restructured benefit plan, in accordance with the memorandum of April 16, 1987 from the Director of Human Resources . Motion carried unanimously . 2 . Recommendation for Consultant on Human Services Model Referring to the memo of April 17 , 1987 from Natalie Swaggert , Peterson commented that the report prepared on this subject was well done and well presented . MOTION: Bentley moved , seconded by Pidcock, to accept the recommendation to select Michael Groh as the consultant to conduct a study of human services needs in Eden Prairie . Motion carried unanimously. 3 . Set a Special Meeting to Deal with International School City Manager Jullie noted that the Council had deter- mined not to have 2nd Reading of the International School until the school had all of the negotiations worked out with the Met Council and Hennepin Parks . He said they expect to complete those negotiations prior to May 1 and have requested a special meeting of the Council in order to complete the process prior to their closing date on May 1 , 1987 . MOTION: Anderson moved, seconded by Bentley, to set a Special Meeting of the City Council for Thursday, April 30, 1987 at 4: 00 PM in the Council Chambers . Motion carried unanimously. C . Report of City Attorney There was no report . D . Report of Director of Planning There was no report . E . Report of Director of Community Services t 1 . Re nest Authorization for 1st Phase Development of I Willow Park Director of Community Services Lambert referred to his memo of March 12, 1987 regarding the development of I z 'a j 3 City Council Minutes -22- April 21 , 1987 of Willow Dark . He said they have been preparing this site for a number of years and it is now ready for finish grading and seeding. He said it would be funded through cash park fees . MOTION: Bentley moved , seconded by Anderson, to approve the development of the 1st phase of Willow Park . Motion carried unanimously . 2 . Award Bids for Bituminous Overlay on Tennis Courts at Round Lake Park Referring to his memo of April 15 , 1987, Lambert said, while this item was not included in the budget , the condition of the tennis courts is deteriorating and they should be resurfaced now. He said bids were received for this project and Staff is recommending that the bid of Plehal Blacktopping for $34, 6?9 be accepted . He also noted that an agreement with the School District provides for their contributing 50% of maintenance costs for the courts . MOTION: Bentley moved, seconded by Anderson, to accept the bid received from Plehal Blacktopping in the amount of $34,6?9 for the overlay and color coat- ing of the Round Lake tennis courts . Roll call vote : Anderson, Bentley, Harris, Pidc ock and Peterson voted "aye . " Motion carried unanimously . Harris asked if the School District had been made aware of the possibility of this action . Lambert replied that they are aware of it and will reimburse the City after their July 1st fiscal year . F. Report of Director of Public Works 1 . Award 198Z Seal Coat Project, I .C . 52-113 (Resolu- tion No . 7-9 Director of Public Works Dietz reviewed the bids received for the 1987 seal coating and noted the Staff b . recommendation to award the contract to Allied Black- top Company, Inc . i MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No . 87-98 accepting the bid of $121 .898.15 from Allied Blacktop Co . , I .C . 52-113, 1987 Seal Coating. Roll call votes Anderson, Bentley, Harris, Pidcock and Peterson voted "aye . ­ Motion carried unanimously. CityCouncil Minutes -2 - April 21 198 3 P ? XI . NEW BUSINESS There was none . X I I. ADJOURNMENT MOTION: Bentley moved, seconded by Harris, to adjourn the meeting at 11 : 28 PM. Motion carried unanimously. s P j 9 i F #