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City Council - 03/21/2000 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,MARCH 21,2000 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Councilmembers Sherry Butcher,Ronald Case,Ross Thorfinnson, Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger, Parks & Recreation Services Director Bob Lambert, Public Safety Director Jim Clark, Public Works Services Director Eugene Dietz, Community Development and Financial Services Director Don Uram, Management Services Director Natalie Swaggert, City Attorney Ric Rosow and Council Recorder Peggy Rasmussen I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Harris called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE III. PRESENTATION OF THE TCALMC EARL WILLFORD AWARD Eden Prairie received the Twin City Area Labor Management Committee Earl Willford Award to recognize outstanding efforts in cooperative labor management relations at its Annual Membership Meeting on March 2, 2000. Bob Lambert, on behalf of the Management Staff and Scott Cole, on behalf of the Independent Union of Operating Engineers, thanked Council for its continuing support of the Labor Management Committee. Mayor Harris said it was an honor to receive this award on behalf of the Council. IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Thorfinnson added ITEM 7IIII.A.1., Report on the Congressional Cities Conference. Enger removed Consent Calendar ITEM VI.E. and added ITEM VI.G., APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT TO ESTABLISH SOUTHWEST METRO COMMISSION. MOTION: Case moved, seconded by Thorfinnson, to approve the agenda as published and amended. Motion carried 5-0. V. MINUTES A. CITY COUNCIL WORKSHOP HELD TUESDAY,MARCH 8,2000 CITY COUNCIL MINUTES March 21,2000 Page 2 MOTION: Tyra-Lukens moved, seconded by Case, to approve the minutes of the City Council Workshop held Tuesday, March 8, 2000, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY MARCH 8 2000 MOTION: Butcher moved, seconded by Thorfinnson, to approve the minutes of the City Council Meeting held Tuesday, March 8, 2000, as published. Motion carried 5-0. VI. CONSENT CALENDAR A. SUNNY-BROOK COVE by Taurus Properties. 2nd Reading of the Ordinance for Planned Unit Development District Review with waivers on 6.51 acres, and Rezoning from Rural to R1-13.5 on 6.51 acres. Location: 12640, 12550, 12500 Sunnybrook Road. (Ordinance No. 9-2000-PUD-3-2000 for PUD District Review and Zoning District Change) B. ADOPT RESOLUTION NO. 2000-43 APPROVING FINAL PLAT OF BLUFF COUNTRY VILLAGE C. ADOPT RESOLUTION NO. 2000-44 AUTHORIZING ISSUANCE OF $600,000 EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2000A D. ADOPT RESOLUTION NO. 2000-45 ACCEPTING THE NIINNESOTA AUTO THEFT PREVENTION PROGRAM GRANT E. ADOPT RESOLUTION TO EXECUTE THE JOINT AND COOPERATIVE AGREEMENT FOR THE CITY OF EDEN PRAIRIE TO BE A MEMBER OF THE MUNICIPAL LEGISLATIVE COMMISSION F. APPROVE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT G. APPROVE FIRST AMENDMENT TO JOINT POWERS AGREEMENT TO ESTABLISH SOUTHWEST METRO COMMISSION MOTION: Thorfinnson moved, seconded by Case, to approve Items A-D and F-G on the Consent Calendar. (Item E was removed.) Motion carried 5-0. VH. PUBLIC HEARINGS /MEETINGS A. EATON CORPORATION PUD by Eaton Corporation. Request for Planned Unit Development Concept Amendment on 25.37 acres, Planned Unit Development District Review with waivers on 25.37 acres, Zoning District CITY COUNCIL MINUTES March 21,2000 Page 3 Amendment within the I-5 Zoning District on 25.37 acres, and Site Plan Review on 25.37 acres. Location: 14165 Lone Oak Road. (Resolution No. 2000-46 for PUD Concept Amendment) Enger said official notice of the public hearing was published on February 3, 2000, in the Eden Prairie News and sent to four property owners. John Machio, architect for Eaton Corporation, said they are requesting a PUD waiver to increase the percentage of square feet of office space from 60 percent to 90 percent, as this will be their administrative headquarters. In order to meet the parking requirements for increased office use, 103 additional spaces are required. Uram said the Community Planning Board voted 6-0 to recommend approval of the project at their January 24, 2000 meeting. Eaton Corporation is requesting waivers that are consistent with others that have been granted in that area. The proponent has agreed with all items in the Staff memorandum. Mayor Harris asked if anyone wished to address this proposal. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing. Motion carried 5-0. Tyra-Lukens asked Staff if the statement that the entire east half of the site will be preserved means it would never be used by Eaton. Uram replied that means it will not be disturbed at this time. MOTION: Butcher moved, seconded by Case, to adopt Resolution No. 2000-46 for PUD Concept Amendment on 25.37 acres; and approve 1st Reading of the Ordinance for a PUD District Review with waivers and for Zoning District Amendment within the I-5 zoning district on 25.37 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried 5-0. B. LIBERTY PLACE by Liberty Property Limited Partnership. Request for Comprehensive Guide Plan Amendment from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres, Planned Unit Development Concept Review on 55.08 acres, Planned Unit Development District Review with waivers on 16.88 acres, Zoning District Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres, Zoning District Amendment within the I-2 Zoning District on 3.78 acres, Site Plan Review on 16.88 acres, Preliminary Plat on 55.08 acres into 3 lots, 3,outlots and city right-of-way, and EAW Review. Location: Smetana Lane and Valley View Road. (Resolution No. 2000-47 for Guide Plan Change, Resolution No. 2000-48 for PUD Concept Review, Resolution No. 2000-49 for EAW, and Resolution No. 2000-50 for Preliminary Plat) CITY COUNCIL MINUTES March 21, 2000 Page 4 Enger said official notice of this public hearing was published on November 11, 1999, in the Eden Prairie News and sent to 15 property owners. Dave Jellison, Vice President of Liberty Property Trust, said this project includes a one-story, 93,006 square foot office-showroom building, a three-story, 81,900 square foot office/warehouse building, a concept plan for a three-story senior cooperative apartment building with 50 units, and 35 acres of open space/right-of- way. They will donate property to the City for park use. They are requesting an early grading permit. Franzen said the property was first reviewed by the Community Planning Board on January 24, 2000. It included a nine-story, 172-unit apartment building. The Board continued the project to the February 14, 2000, meeting with direction to provide a visual analysis of the apartment building and revise the plans to reduce grading in the floodplain and shore impact zones. At the February 14, 2000, meeting, Liberty withdrew the request for the nine-story apartment building and proposed a three-story, 50-unit second phase of Realife Cooperative. The Community Planning Board voted 7-0 to recommend approval of the project to the City Council with the condition that a concept site plan be presented for review by the City Council. This project requires a comprehensive guide plan change to high-density residential west of the creek and a change to office east of the creek. The project requires shoreland waivers for building height and impervious surface. The waivers requested are consistent with similar projects in the area. Dietz said Staff does support authorization to issue an early grading permit. There are some details Staff needs to coordinate with the DNR and watershed district. Council's authorization would allow staff to issue that permit when the details are complete. Butcher approved of the mixed-use plan. She asked about the waivers for an increase in the percentage of impervious surface. Franzen said it is consistent with the flexibility request received from the DNR based upon this location next to I-494, provided the City is doing the treatment to NURP pond standards and complying with the City's requirements for wetland preservation and wetland buffer zones, and following Pollution Control Agency best management practices. Those are all part of the plan. Mayor Harris asked if anyone wished to speak about this proposal. No one did. MOTION: Case moved, seconded by Butcher, to close the public hearing; and adopt Resolution No. 2000-47 for Comprehensive Guide Plan Change from Industrial/High Density Residential to Office on 3.9 acres, and from Low Density Residential to High Density Residential on 2.58 acres; and adopt Resolution No. 2000-48 for PUD Concept Review on 55.08 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers on 16.88 acres and Zoning CITY COUNCIL MINUTES March 21,2000 Page 5 Change from RM-2.5 to I-2 on 5.57 acres; RM-2.5 to Office on 7.12 acres and I-2 to Office on .41 acres and Zoning Amendment within the I-2 Zoning District on 3.78 acres; and adopt Resolution No. 2000-49 for Preliminary Plat on 55.08 acres into 3 lots, 3 outlots and city right-of-way; and adopt Resolution No. 2000-50 for the EAW; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue an early land alteration permit and footings and foundation permit to Liberty Property Trust to proceed with construction at their own risk and upon satisfaction of the details referred to by Gene Dietz. Thorfinnson said he wants to be sure there are discussions on a Traffic Demand Management (TDM) plan because this is in the Golden Triangle Area. Franzen replied the developer provided a TDM plan that has been reviewed and is consistent with other TDM plans. Motion carried 5-0. C. BRAXTON WOODS 2nd ADDITION by Centex Homes. Request for Planned Unit Development Concept Review on 7.1 acres, Planned Unit Development District Review with waivers on 7.1 acres, Zoning District Change from Rural to R1-13.5 on 7.1 acres, and Preliminary Plat on 7.1 acres into 8 single-family lots, 1 outlot and road right-of-way. Location: East of Cedarcrest Drive and west of Shetland Road. (Resolution No. 2000-51 for PUD Concept Review and Resolution No. 2000-52 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 41 property owners. Dan Blake, Centex Homes, said this project is an extension of Centex Homes Hallett Addition. It is for eight single-family lots and will be connected to the other area by a road. They have requested waivers for bluff setback and structure location, in order to place the building pads on flatter areas of the site, resulting in less impact on the slope and trees. The existing parkway provides a road for access. Some right-of-way will need to be acquired by Centex for the construction of Cedarcrest Drive to Shetland Road. The original plan was to build the development in phases. City Staff has strongly suggested the project be built all at once. However, sewer and water are not available for some of the lots and cannot be developed until they are. Centex is requesting an extension of the normal approval time frame because sewer is not available now. Mayor Harris asked if the extension request is for a total of 24 months. Blake said that is correct,but they will be ready to go as soon as the sewer and water are there. Case asked for the reason why the sewer and water could not be brought from Riley Creek Ridge or Hallett area. Blake responded there is enough sewer depth CITY COUNCIL MINUTES March 21,2000 Page 6 to service a couple of lots but this development is so much lower that the sewer line needs to go to the west. Uram said the Community Planning Board voted 7-0 to recommend approval of the project at the February 14,2000,meeting, subject to the conditions in the Staff report. Case asked if the City would move fairly quickly on building the Cedarcrest Drive extension. Dietz said the developer wants to make sure improvements are well under way before preparing a petition request for the extension. The majority of the adjacent property owners wish to have the extension, but Centex cannot build homes until the sanitary sewer is available from the Cedar Forest area. Case said he wants this road to be built for the sake of the two neighborhoods as well as for safety reasons, and he asked that the City attempt to do this as soon as possible. Dietz said from the main north-south segment of Cedar Forest Drive to this extension there is a portion of Cedar Forest Drive that would have to be built with the Cedar Forest project. The City could extend the sewer line from the east and build the road and dry pipe; however, the developer will not build any of the homes until the improvements are done. Their request is for a progressive flow, and when the Cedar Forest project is done the City will continue on into this neighborhood. Case asked if there is any rationale to building the Cedarcrest Drive connection to help people living there during construction by having another access to the area. Dietz said the City had never anticipated doing that when the feasibility study was done. It might be of some value, but during construction it will be a significant problem to maintain access to each person's driveway, and secondary access would not solve all the problems. If Centex wants to move that ahead the City could consider doing it, or Council could consider a project through a motion by the Council. Mayor Harris asked when that infrastructure would be in place. Dietz said a Preliminary Feasibility Study has been drafted for the Cedar Forest area. In April the report will be available that includes a lift station providing service to Braxton Woods 2nd Addition. If approved, Centex plans to petition for extension of this roadway. We would have to prepare a Feasibility Study for this. The public hearing on the Feasibility Study for the Cedar Forest project would not be held until at least the second meeting in May. There is some question whether the City should start work on the road this year,but should be able to have it completed by the end of next season. Lambert said this development is along Riley Creek, and the City's park open space plan is to try to acquire ownership of the creek valley. When developers are developing along the creek, the City's position is to not take creek valley land in lieu of park fees. However, we require developers to put creek valley land in an outlot and generally suggest they consider a donation or, if they want to retain CITY COUNCIL MINUTES March 21,2000 Page 7 ownership, put the outlot in a conservation easement and have a trail easement within that outlot as well. The City will not own Outlot A, but there will be a conservation easement, and the developer won't be able to develop it or remove trees, etc., and the City would have the right to put a trail along the creek valley across the outlot. This is the Staff recommendation. Case asked if lot lines will run down to the creek and Lambert said they would not and should be removed from the developer's plan. Mayor Harris asked if anyone present wished to address the Council. No one did. MOTION: Butcher moved, seconded by Thorfinmon,to close the public hearing and adopt Resolution No. 2000-51 for PUD Concept Review on 7.1 acres; and approve 1"Reading of the Ordinance for PUD District Review with waivers and Zoning District Change from Rural to R1-13.5 on 7.1 acres; and adopt Resolution No. 2000-52 for Preliminary Plat on 7.1 acres; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations, including the trail recommendation, and allow an extension to the preliminary plat approval to 24 months. Case said the lot lines should be clearly delineated for residents. Mayor Harris said to add this as a Council condition to the above motion. Motion carried 5-0. D. LARIAT CENTER III by Lariat Companies,Inc. Request for Planned Unit Development Concept Amendment on 4 acres, Planned Unit Development District Review with waivers on 4 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 4 acres, Site Plan Review on 4 acres, and Preliminary Plat on 4 acres into 2 lots. Location: 8335 Crystal View Road. (Resolution No. 2000-53 for PUD Concept Amendment and Resolution No. 2000-54 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 38 property owners. Chad Oman, Walsh Bishop Associates, the architects of the project, provided a brief overview of the proposed plan, which consisted of a 14,000 square foot, two-story office building, with a restaurant and retail space located on the first floor. It would be located at Prairie Center Drive and Crystal View Road. Uram said the Community Planning Board voted 7-0 to recommend approval of the project to the City Council at the February 14, 2000, meeting. A waiver for a zero lot line setback to the existing structure and parking has been requested and is being taken into consideration with the concept amendment. Case inquired if the NURP pond would overflow into the wetland area. His concern over the past years is that by taking all the water from impervious surfaces into the NURP pond is not going into the wetland, the water originally CITY COUNCIL MINUTES March 21, 2000 Page 8 flowing in is cut off and this then affects the surrounding wetland. Dietz replied that he would have to investigate further as he didn't have the detail of the structure. However, the intent is that water in the area feeds the wetland. Case asked whether the city studies the plan to see how the wetland will be affected when a NURP pond is constructed. Dietz replied they do; the wetland plan addresses the need to maintain the wetland to a certain water level. Butcher said she understands the office building will contain office, retail and restaurants, and wondered what the signage would be for the retail and restaurants inside the building. Oman replied his firm is proposing signage by individual tenants. The owner is also proposing a monument sign at the front of the property and at the southern end of the property. Butcher asked if Staff reviews the signage before it can be put up. Enger said Staff usually looks at it for color, size and location. Franzen said the City has two types of requirements in the commercial zoning district: the owner can erect a free-standing pylon sign 80 square feet on one street frontage and a 36 square-foot pylon sign on the other frontage, and can use up to 15 percent of the wall area across the space occupied by each tenant. Since this is a small building,there will be smaller signs. Pylon signs on the property would be better. Butcher expressed concern about spoiling the aesthetics of this building. Mayor Harris asked if anyone wished to address the Council. Jay Christopherson, 635 Prairie Center Drive, said he has been a renter at Broadmoor for ten years and has general concerns about the traffic in the area. One is the intersection of Prairie Center Drive and Commonwealth Drive,because of U'turns that are made by drivers to go back to TH 212, causing congestion at the intersection. He also said there is the need for more sidewalks and wondered if additional sidewalks are proposed with this project. Oman replied the developer would be constructing a sidewalk along Commonwealth Drive. Christopherson said parking in the area is also a concern. Parking along Commonwealth narrows the road, which creates a hazard. Another concern is to make sure that lights for the proposed parking area do not shine into the adjacent apartments. Mildred Heyer, 635 Prairie Center Drive, said she is one of the property owners at Broadmoor and expressed concern about the dangers of cars turning left onto Prairie Center Drive. She asked to have this addressed. MOTION: Tyra-Luken moved, seconded by Butcher, to close the public hearing. Motion carried 5-0. Mayor Harris asked Staff to look into the traffic situation and also make sure shoebox lighting is used in the parking lot. Franzen said one condition of CITY COUNCIL MINUTES March 21,2000 Page 9 approval in the Staff Report was that light standards would be 20 feet high, with shoebox fixtures. Dietz said regarding traffic, Staff has a proposed solution to some of the congestion, which is the extension of Columbine Road, going behind the Broodmoor apartments, and tying into Regional Center Road, going along the north side of the Lariat building. There would be a traffic signal at Columbine and Prairie-Center Drive. This would give secondary access at Columbine. If there are difficulties with "U" turns; it can be posted "No U Turns." In terms of Commonwealth Drive, he has witnessed a number of cars parking there. This should be monitored and streets can be posted "No Parking", but he would suggest waiting before putting up those signs to see if the situation improves, as there is a demand for parking in this area. Dietz said Staff could have the police department monitor this area. One side of the street could be posted "No Parking." Case said he would recommend waiting and monitoring the area before posting the signs. Enger said he thought the manager of Chevy's restaurant might be having employees park in the street, and the new office building provides an opportunity for Chevy's to share parking with the tenants in the new building. Thorfinnson said the problem of parking will probably solve itself but he has seen cars parking on the street many times when the parking lot is not filled. He is concerned with the"U"turns on Commonwealth. The City should look at posting it"No U Turns." MOTION: Thorfinnson moved, seconded by Case, to approve Resolution No. 2000-53 for PUD Concept Amendment on 4 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 4 acres; and adopt Resolution No. 2000-54 for Preliminary Plat on 4 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and these Council conditions. Motion carried 5-0. E. TARGET EXPANSION by Dayton Hudson Corporation and General Growth Properties. Request for Planned Unit Development Concept Amendment on 87.13 acres, Planned Unit Development District Review with waivers on 8.0 acres, Zoning District Amendment within the C-Reg-Ser Zoning District on 8.0 acres, Site Plan Review on 8.0 acres, and Preliminary Plat on 57 acres into 2 lots. Location: Flying Cloud Drive at the Eden Prairie Center. (Resolution No. 2000- 55 for PUD Concept Amendment and Resolution No. 2000-56 for Preliminary Plat) Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 50 property owners. CITY COUNCIL MINUTES March 21,2000 Page 10 Jim Tucker, real estate manager for Target, said they plan a 41,670 square foot building expansion and parking lot improvements at the Eden Prairie Center. The expansion was shown as part of a larger phasing plan presented by General Growth Properties, and the site plan is consistent with the phasing plan. Uram said the community Planning Board voted 6-0 to recommend approval of this project, including waivers for setbacks, exterior materials and signs, at its February 28, 2000, meeting. All waivers requested are consistent with other waivers granted with the Eden Prairie Center expansion. The recommendation included plan changes for landscaping, decorative lights, signs, and cart corrals to be completed prior to City Council review. The plans have been revised according to the Community Planning Board recommendation. Tyra-Lukens asked if the sign waiver request is for more signage than was granted by variance. Franzen replied Target is allowed to have a 300-square-foot sign on each outside wall. Target is requesting signs on three sides and so they are asking to transfer the amount that would have been on the fourth side to the other sides. Mayor Harris asked if anyone wished to address the Council. No one did. MOTION: Tyra-Lukens moved, seconded by Case, to close the public hearing and adopt Resolution No. 2000-55 for PUD Concept Amendment on 87.13 acres; and approve lst Reading of the Ordinance for PUD District Review with waivers and Zoning amendment within the C-Reg-Ser Zoning District on 8 acres; and adopt Resolution No. 2000-55 for Preliminary Plat on 57 acres into 2 lots; and direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations; and direct Staff to issue a land alteration permit and footings and foundation permit to Dayton Hudson Corporation to proceed with construction at their own risk. Motion carried 5-0. Mayor Harris called a recess at 8:10 p.m. The meeting resumed at 8:25 p.m. F. PERE INS SUBDIVISION by James Perkins to amend that certain Developer's Agreement entered into on or about August 3, 1999 between the City of Eden Prairie and James and Raynelle Perkins with respect to Bryant Lake Heights. The request would amend Exhibit C,paragraph X M of the Developer's Agreement by allowing issuance of a building permit for Lot 3, Block 1, Bryant Lake Heights and construction of a driveway across Lot 1, Block 1, to Lot 2, Block 1, Bryant Lake Heights without removal of all structures on Lot 2,Block 1. Enger said official notice of this public hearing was published on March 9, 2000, in the Eden Prairie News and sent to 18 property owners. Franzen said the City Council approved the 1999 plan, and a Developer's Agreement was entered into between the City of Eden Prairie and James and CITY COUNCIL MINUTES March 21, 2000 Page 11 Raynelle Perkins. It included removal of the existing houses and new houses would meet the shoreline setback. New drain fields would be farther away from the lake than the current location. James Perkins, 7014 Eden Prairie Road, requested to amend Exhibit C, paragraph XIII of the Developer's Agreement, in order to allow the house on Lot 2 to stand and not be demolished, as the buyer of Lot 2 would like to live in it. He made arrangements to sell the property to a developer. However, because of pending lawsuits against the City, the developer decided not to purchase it. He found another buyer in July 1999; however he backed out when new lawsuits were filed and Perkins could not guarantee what the City would do. At the same time Nathan Bergeland showed an interest in the property. He wanted to build on Lot 3 and sell Lots 1 and 2. However, in August Mr. Bergeland said he would buy Lot 2 and signed an agreement on August 24. The deal was closed September 29. Mr. Bergeland decided he liked the house on Lot 2, and wanted to live there. He said he did not understand that the old house was subject to being demolished and had not seen the Developer's Agreement. Perkins discussed this with Ric Rosow in January and was told the house would have to be torn down. Mr. Bergeland has asked if the agreement can be amended so that he can live in the house. However,he was not able to be present at this meeting. Case asked Rosow if it is possible for someone to purchase a house in ignorance of a Developer's Agreement and still be held accountable for the conditions in the agreement. Rosow said yes it is possible to complete the purchase without knowing about the Developer's Agreement because the City has a policy not to file the Developer's Agreement against the title, so the City relies on the developer to tell the homeowner that something is required by the City. In terms of accountability, if the owner of the lot made the purchase without knowledge of the agreement, the City would not be in a position to enforce the terms of the agreement against that buyer. By virtue of Council adopting the final plat and by virtue of City ordinances, the structure on Lot 2 becomes a non-conforming structure. The purchaser is deemed to know the law and is deemed to know the structure is non-conforming. The structure cannot be enlarged or altered. Nothing can be done, other than normal repair and upkeep. No building permit may be issued on any of the three lots until all structures are removed. If Mr. Perkins wants to build a house on Lot 3, he has to wait until the structures on the other lots are removed before he is entitled to a building permit. This is in the Developer's Agreement, which is a contract signed by Mr. Perkins and is enforceable. The City cannot force the owner of Lot 2 to tear down the structure, however,based on the Developer's Agreement. Mayor Harris asked if access to the property is an issue. Rosow replied that is an issue for the owner of Lot 2, because the approved plat assumes access would be built across the northerly portion of Lot 1 down to Lot 2, so a permit to build cannot be issued until the buildings are torn down. Current access is across Lot 3, owned by Mr.Perkins, and it would be up to Mr. Perkins to allow access to Lot 2. CITY COUNCIL MINUTES March 21,2000 Page 12 Butcher asked if it is standard practice for cities not to file Developer's Agreements with the titles. Rosow said the reason communities decide not to file them is because it clutters up the title to the property with a lot of restrictions and conditions which become meaningless after the agreement has been fulfilled, so there would be a continual series of people asking Council to remove the conditions in the Developer's Agreements. That is the reason the decision was made many years ago by Eden Prairie not to file them with the title. Case asked if the house wouldn't eventually be torn down anyway if it cannot be altered or septic systems replaced. Rosow said the current property owner asked the City inspector to examine the condition of the house. Based on the report Rosow received it appears that the property is in a somewhat run-down condition and in need of major repairs. Under State law, the owner cannot make major repairs to a non-conforming house. Eventually the structure, out of economic necessity, would likely be removed and a new structure built, according to the plans approved by Council. However, the variance request for the setback, approved by Council, expires in July 2000. After that, if a permit is not requested to put up a structure at the variance setback, it would have to be built at the standard setback. Then another request would have to be made. Tyra-Lukens understood that at the time new owner closed on the house they would have seen the plat showing the new house location. Rosow said the plat would not have shown building pads for the new house,just lot lines. The buyer would have had the opportunity to see the recorded plat and find out about the variances, etc. The owner is charged with having that information whether he asked about it or not. Mayor Harris asked if anyone wished to address the Council. Dick Seidenstricker, 7221 Willow Creek Road, encouraged the Council to reject the request to amend the Developer's Agreement. In it, the Council gave Mr. Perkins everything he needed to subdivide his property, and all he had to do was to comply with it. In November, he attempted to begin grading without a permit. In December, several neighbors met in Council Forum with the Council and City Staff regarding Mr. Perkins disregard for the Developer's Agreement. At that time the neighbors were assured by the City that the agreement would be enforced. Seidenstricker requested that Council make Perkins comply with the commitments as outlined in the agreement by rejecting his request. Stuart Nolan, 7020 Willow Creek Road, said he met with Nate Bergeland, who said he never heard about the Developer's Agreement until well after he bought the property. Mr.Bergeland said he discussed his remodeling plans with Perkins. MOTION: Thorfinnson moved, seconded by Case, to close the public hearing. Motion carried 5-0. CITY COUNCIL MINUTES March 21,2000 Page 13 Butcher said she could not support this amendment request because of the reasons she voted to approve the plan for this project in 1999. One reason was to get rid of the structures standing on these lots because it would benefit all the residents to have a view of the shoreland. Case said four of the eight reasons the Council voted for this plan in 1999 would be negated if the request to amend the agreement were approved. Tyra-Lukens said she was not in favor of this proposal the first time it was presented. It is the responsibility of anyone selling anything to make clear to the buyer what they are selling. It would be a bad policy to approve the request. Thorfinnson said his personal integrity has been questioned throughout this process. The only one whose integrity should be questioned is Mr. Perkins. Thorfinnson said he did not intend to support the request. Mayor Harris said she recalled in 1989 she voted with the majority. The plan presented at that time was never implemented. The 1999 plan was much better and that fact made her feel very good about voting with the majority in the 3-2 vote. This amendment request is a retreat from that plan and she would not feel good about amending it. James Perkins said he did not intend to embarrass anyone on the Council. Mr. Bergeland told him he was only planning to make some decorative changes to the house. MOTION: Butcher moved, seconded by Thorfinnson, to deny the Amendment to the Developer's Agreement for the Perkins Subdivision. Motion carried 5-0. G. 2000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING (CDBG)RECOMMENDATIONS (Resolution No. 2000-57) Official notice of this public hearing was published on March 9, 2000 in the Eden Prairie News. Uram said the list of organizations was reviewed and recommended by the new Human Services Committee. The committee considered priorities established by Hennepin County in developing their recommendations, which is based on requests received. The entitlement is $244,369, and will be available beginning in July 2000. Mayor Harris asked if anyone wished to address the Council. Mark Matsovsky, a member of the Board of Directors of the Community Action Agency for Suburban Hennepin County, expressed thanks for their allocation and will continue to provide services in the suburban Hennepin County area. CITY COUNCIL MINUTES March 21,2000 Page 14 Laurie Possin, of the Greater Minneapolis Day Care Association, expressed thanks for support of this program. Ron Block, of the HOME program, thanked the Council for its continued support. MOTION: Thorfinnson moved, Butcher seconded, to close the public hearing and to adopt Resolution No. 2000-57 approving CDBG funding for the following list of activities as reviewed and recommended by the new Human Services Committee at their February 14 meeting. Human Services Level Priority 1. Greater MPLS Day Care Association(Day Care Subsidy) $25,000 High 2. Household& Outside Maintenance for Elderly(HOME) $ 10,067 High 3. Homeline&Mortgage Foreclosure Prevention Program $ 4,000 High Subtotal $ 39,067 Housing Level Priority 4. Housing Rehabilitation Deferred Loan Program $ 50,000 High 5. Affordable Rental Housing Land Acquisition $155,302 High Subtotal $205,302 Grand Total $244,369 Motion carried 5-0. VIII. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve Payment of Claims as submitted. Motion was approved on a roll call vote, with Butcher, Case, Thorfmnson,Tyra-Lukens and Harris voting"aye." IX. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE TO AMEND CITY CODE CHAPTERS 2, 11 AND 12 This ordinance allows for conforming changes to be made in the City Code relating to recent Code changes to Boards and Commissions, repeals Section 11.66 relating to Family Care Homes and repeals Section 12.03 as a result of a previous amendment to the Planned Unit Development size. MOTION: Tyra-Luken moved, seconded by Case,to approve the lst Reading of an Ordinance amending the City Code by repealing Sections 11.66 and 12.03; amending Sections 2.29, 11.50 and 11.70, and provide for conforming changes throughout the City Code relating to Sections 2.22, 2.23, 2.24, 2.25, 2.26, 2.27, and 2.28. Motion carried 5-0. CITY COUNCIL MIWTES March 21, 2000 Page 15 B. RESOLUTION NO. 2000-58 REQUESTING CARVER AND HENNEPIN COUNTIES ADOPT AND EUPLEMENT A SCHEDULE FOR UPGRADING TH 101 Enger said no consensus has been reached on a preferred design alternative for the upgrade of TH 101. This resolution prescribes a process to select an alternate and schedule the project for construction in 2002. Mayor Harris said it is important to move this forward. MOTION: Case moved, seconded by Thorfinnson, to approve Resolution No 2000-58 requesting Carver and Hennepin Counties to adopt and implement a schedule for upgrading TH 101. Motion carried 5-0. X. PETITIONS,REQUESTS AND COMMUNICATIONS XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS XII. APPOINTMENTS A. BOARDS AND COMMISSIONS 1. Appointments to the Human Rights and Diversity Citizen Advisory Commission and the Park and Recreation Citizen Advisory Commission Enger said, as part of the City's 1999 restructuring of Boards and Commissions, members of former Commissions who had terms that expired 3/31/01 were asked to serve the balance of their term in a new assignment. Formal appointment by the Council is required. 2. Change in Kim Teaver Term Enger said appointment of a Citizen Advisory Commission member to the Community Program Board is based on their responsibility as Chair of their respective Commission. Under the revised City Code, the City Council appoints Chairs and Vice Chairs on an annual basis. As a result, appointments of Citizen Advisory Commission members to the Community Program Board will be made each year for one-year terms. Multiple one-year terms may be served as long as the Commission member remains Chair of their Citizen Advisory Commission. Members- at-large may be appointed to multi-year terms. MOTION: Case moved, seconded by Thorfumson, to appoint to the Human Rights and Diversity Citizen Advisory Commission Harry Moran and Darryl Stanton— Terms to Expire 3/31/2001; and to appoint to the Park and Recreation CITY COUNCIL MINUTES March 21,2000 Page 16 Citizen Advisory Commission Don Jacobson and Susan Dickman — Terms to Expire 3/31/2001; and to amend appointment of Kim Teaver to the Community Program Board from a term expiring 3/31/2003 to a term expiring 3/31/2001. Motion carried 5-0. B. CHAIRS AND VICE CHAIRS TO BOARDS AND COMMISSIONS Enger said all candidates for Chair and Vice Chair have been contacted. All have agreed to serve as recommended by the Council, with the exception of the Board of Appeals. Bill Ford prefers to Vice Chair; he supports the current Vice Chair, Cliff Dunham, as Chair. Cliff Dunham has agreed to Chair the Board of Appeals if the Council wishes to so appoint. MOTION: Butcher moved, seconded by Tyra-Lukens, to appoint Franz Corneille, Chair, and Ray Stoelting, Vice Chair, of the Community Planning Board; to appoint Cliff Dunham, Chair, and Bill Ford, Vice Chair, of the Board of Appeals and Adjustments; to appoint Jan Mosman, Chair, and Lori Peterson- Benike, Vice Chair, of the Heritage Preservation Commission; to appoint Kim. Teaver, Chair, and Don Jacobson, Vice Chair, of the Park and Recreation Citizen Advisory Commission; to appoint Harry Moran, Chair, and Philip Young, Vice Chair, of the Human Rights and Diversity Citizen Advisory Commission; to appoint Muna Yasiri, Chair, and Mary Cofer, Vice Chair, of the Community Program Board; and to appoint Patricia Pidcock, Chair, and Mike Best, Vice Chair, of the Board of Review. Motion carried 5-0. XIIII. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Councilmember Thorfinnson's Report on ConLressional Cities Conference Thorfinnson presented an update as a result of his trip to the above conference regarding pending legislation. There were two items the League of Minnesota Cities was interested in. One would impose massive preemption to local authority regarding land use. The cities are opposed to this and the Minnesota delegation was asked to carry this message forward to congressmen and senators. Another issue under discussion was the Takings and Religious Liberty Protection Act. Churches would not have to conform to local codes because of the separation of church and state. This would allow the church to completely ignore building standards set by the city. It could operate a childcare that did not have to conform to local standards. Both issues have significant implications regarding cities' control of development. CITY COUNCIL MINUTES March 21,2000 Page 17 The third issue involved taxation of electronic commerce (e-commerce). It does have significant implications for the State of Minnesota regarding sales tax equity over the Internet. Minnesota representatives felt Internet commerce should be taxed because local business people have a competitive disadvantage. There seems to be a lot of impetus that would lead to some type of taxation. The question of who gets taxed and who gets revenue is to be decided. The issue of more interest to Eden Prairie is that the delegates spent two days meeting with congressmen and senators in Washington with regard to obtaining federal funding of the I-494 corridor to enhance Minnesota funds. Congressmen Oberstar, Sabo and Minge have strong interest. The delegation had a good response from Senators Gram and Wellston to try to get additional funds. They received an agreement from Congressman Ramstad to pursue a two-track approach to get funds for the interchange of I-35W and I-494. He will try to get additional funding earmarked for the design work on the interchange, so it could be constructed should the money become available. If Ramstad is successful, additional funding should be coming in the next 12-18 months. B. REPORT OF CITY MANAGER 1. Set Date of Boards and Commissions Recognition Dinner Enger said he was not prepared to set the date because he is waiting to hear from a potential speaker. Two possible dates are May 18 or May 25. Councilmembers said both dates are acceptable. 2. Set Date of Joint City Council and School Board Meeting Enger has contacted the School District staff who checked with the School Board on several dates for a joint meeting with the Council. They suggested Mondays and Thursdays in April and May. The following dates were acceptable to most Councilmembers: Thursday, April 20, Monday, May 8 and Thursday,May 11. 3. Cancellation of April 4,2000, City Council Meeting Enger said, because of a conflict in the schedules of Councilmembers, he suggested the April 4 City Council meeting be canceled. This would also cancel the Workshop on technology scheduled for April 4. It will be rescheduled for May 16. C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR CITY COUNCIL MINUTES March 21, 2000 Page 18 D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL SERVICES DIRECTOR E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR G. REPORT OF MANAGEMENT SERVICES DIRECTOR H. REPORT OF CITY ATTORNEY XIV. OTHER BUSINESS A. COUNCIL FORUM INVITATION B. CITY MANAGER EVALUATION(CLOSED SESSION) Mayor Harris said a team of Councilmembers Thorfinnson and Tyra-Lukens has been involved recently in the evaluation of the City Manager. This process includes two areas of evaluation. One is a 360-degree leadership evaluation and the second element is evaluation of performance objectives. The City Manager also prepares a list of accomplishments for review and evaluation. Mayor Harris said the Council would go into a closed session to review the evaluations, and the results will be presented at the April 18 City Council meeting. XV. ADJOURNMENT MOTION: Thorfinnson moved, seconded by Tyra-Lukens, to adjourn the general Council meeting and go into a closed session to read and discuss the City Manager's performance evaluation. Mayor Harris adjourned the meeting at 9:33 p.m.