Loading...
City Council - 02/04/1992 EDEN PRAIRIE CITY COUNCIL • APPROVED MINUTES TIME: Tuesday, February 4, 1992 LOCATION: City Hall Council Chambers 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen 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 Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL All Councilmembers present. PRESENTATION BY RANDY JOHNSON, HENNEPIN COUNTY COMMISSIONER Hennepin County Commissioner Randy Johnson spoke on three items: (1) Road projects common to the County and City and (2) Use of the Glen Lake/County • Home School property, and (3) Hennepin County's legislative program. He said two parts of the Townline Road project affected the City at the present time: First, the eastern section between Baker Road and Eden Prairie Road, and second, the western section between Eden Prairie Road and Highway #101. He said the Council of the City of Minnetonka had approved a construction cooperative agreement for the eastern section and the County expected to be able to proceed according to the most recently revised schedule. He said the estimated total cost for this section was approximately $8 million with an additional -$900,000 for right-of-way acquisition. He said approximately $7.9 million would be the cost to Hennepin County, with the remainder being shared by the City of Eden Prairie and the City of Minnetonka. In regard to the western section, he said both cities had approved preliminary plans and the Environmental Assessment Work Sheet had been completed the beginning of December 1991. He said the final plans and the cooperative agreement would be presented to both cities later in 1992. Construction on the western section was expected to begin in spring 1993. The cost of this section was approximately $13 million with right-of-way acquisition costing another $500,000. He said by 1994 this section should be close to completion. He then spoke about County Road 18 between Highway 494 and the Bloomington Ferry Bridge to the Shakopee Bypass. He said that the federal Surface Transportation Bill passed in 1992 contained significant amounts of money for the project including $23 million for the bridge and $18 million for the highway project. He pointed out that the total cost of the highway project • was approximately $32 million, so there was still $14 million to be funded. He further stated that the federal government had authorized $81 million for the Eden Prairie City Council - 2 - February 4, 1992 • Minutes `_ Approved bridge. The total construction cost for the bridge project including the approaches was $119 million. He said this was the only specifically identifiable project in the County's legislative package this year because there was a risk of losing some of the federal money in 1993 and 1994 unless the required state match was met. He then spoke about the County Home School and the surrounding land in Glen Lake. He said the County did not believe that the old Glen Lake Sanitarium building could be rehabilitated. Other alternatives had been considered for the use of the land, one of which was a golf course. He said there were some problems with this plan because of the configuration of the land and the County Home School being located in the middle of it. He said he did not believe the County Home School could be relocated, and the investigation of the best use of the land would continue. Regarding the County's legislative program, Commissioner Johnson said the main concern of the County, and of the City, was to be sure that the State did not impose more and more mandates on local government without providing the funding. He said there was also a problem with levy limits, because if levy limits were to be imposed on property tax, the cities and the County would be put in an impossible position by being required to perform the service with no revenue available. He said the County would continue to lobby on this issue as well as fiscal disparities. He pointed out that $62 • million which Hennepin County had contributed to the fiscal disparities fund had been exported to the other six metropolitan counties. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION Anderson moved, seconded by Pidcock, to approve the agenda. Pidcock requested the addition of one item under X.A. Reports of Councilmembers: (2) Discussion on utility discounts to senior citizens. Jullie requested that Items D and L be removed from the Consent Calendar. " Agenda approved as amended 5-0. • • Eden Prairie City Council - 3 - February 4, 1992 Minutes Approved II. MINUTES A. Special City Council meeting on Capital Projects Budget Review held Tuesday, January 21, 1992 MOTION Pidcock moved, seconded by Jessen, to approve the minutes of the Special City Council meeting on Capital Projects Budget Review held Tuesday, January 21, 1992. Motion approved 5-0. B. City Council meeting held Tuesday, January 21, 1992 MOTION Pidcock moved, seconded by Harris, to approve the Minutes of the City Council meeting held Tuesday, January 21, 1992. Motion approved 5-0. • C. Notes of January 27, 1992 Council/Staff Workshop MOTION Harris moved, seconded by Pidcock, to approve the notes of the January 27, 1992 Council/Staff Workshop. Motion approved 5-0. III. CONSENT CALENDAR A. Clerk's License List B. Order Feasibility Report for Leona Road Street and Utility Improvements, I.C. 52-217 (Resolution No. 92-30) C. Cooperative Construction Agreement with Hennepin County for CSAH 62, between Baker Road and Eden Prairie Road (Resolution No. 92-31) D. Final Plat Approval of Lorence 3rd Addition located at the S.W. corner of Hames Way and Valley View Road (Resolution No. 92-32) (Removed from Consent Calendar) E. Preliminary and Final Plat Approval of Wyndham Knoll 2nd Addition located at the S.E. Quadrant of Dell Road and Pleasant View Road (Resolution No. 92-33) • F. Request from Bud B.ierken, Section VI Hockey Re: Use of Ice Rink Eden Prairie City Council - 4 - February 4, 1992 • Minutes Approved G. Request from Foxiet Swim Club Re: Additional Pool Time H. Nine-Mile Creek Watershed District Cooperative Agreement Re: Study of Birch Island Lake, Glen Lake & Shady Oak Lake Levels I. Request to Purchase Skid Steer Loader J. Resolution No. 92-28 Approving the Bingo Hall License for Welsh- Sierra Limited Partnership (Removed from the Consent Calendar) K. Reapportion Funds for Southwest Corridor Transportation Coalition L. LORENCE 3RD ADDITION by Peter Knaeble. 2nd Reading of Ordinance 33-91, Rezoning from Rural to R1-13.5 on 0.07 acres; Approval of Developer's Agreement for Lorence 3rd Addition; Adoption of Resolution 92-23, Authorizing Summary of Ordinance 33-91, and Ordering Publication of said Summary. Location: Southeast corner of Valley View Road and Hames Way. (Ordinance 33-91 - Rezoning; Resolution 92-23 - Authorizing Summary and Publication) (Removed from Consent Calendar) M. DEVAAN PROPERTY by Herbert DeVaan. 2nd Reading of Ordinance 5- 91 for Zoning District Change from RM-6.5 to R1-13.5 on 0.58 acres; • Adoption of Resolution 92-34, Authorizing Summary of Ordinance 35- 91 and Ordering Publication of Said Summary. Location: Lot 7, Block 2, Lake Trail Estates. (Ordinance 35-91 - Rezoning; Resolution 92-34 - Authorizing Summary and Publication) N. RESOLUTION NO. 92-35 - SETTING THE $4.5 MILLION PARK REFERENDUM FOR MARCH 17. 1992 -O. RESCHEDULE JOINT MEETING WITH FLYING CLOUD AIRPORT ADVISORY COMMISSION FROM MARCH 17 TO MARCH 10, 1992 AT 6:00 PM P. Award Contracts for Snow Plowing Equipment (Resolution No. 92-18) Continued from January 21, 1992 MOTION Anderson moved, seconded by Pidcock, to approve the Consent Calendar as amended. Motion approved 5-0. • Eden Prairie City Council - 5 - February -1; 1992 • Minutes _ Approved IV. PUBLIC HEARINGS A. POTENTIAL CLOSING OF HERITAGE ROAD AT TH 5 (Continued frzm December 3, 1991) Jullie said the item pertained to the issue of the closing of Heritage Road at Highway 5. He said MnDOT's current plans for updating of County Road 5 west of County Road 4 called for a full access intersection at the Heritage Road and Highway 5. The Council had approved these plans about 18 months ago and construction h-Ld commenced. In October 1991, it had come to the City's attention that a survey had been taken which showed that several residents of the neighborhood were in favor of closing the Heritage Road interaction permanently. One of the reasons given was that the noise coating from Highway 5 was intolerable and by extending the existing noise berm across Heritage Road, the residents believed the noise im facts on the houses in the area would be lessened. As a result, the City had asked MnDOT for some noise modeling and had also reques-ted Benshoof & Associates, Inc. to project the traffic impact on neighborhood streets if the Heritage Road intersection were cloyed. On January 23, 1992 a neighborhood meeting was held for the purpose of presenting the results of the noise and traffic studies. • Dietz reviewed the results of the noise and traffic studies which i been presented to the residents at the January 23, 1992 meeting. said the study showed that there were some properties which exceeded the nighttime noise standard of 55 decibels. The stud- had showed that if the berm were extended across Heritage Road, otae additional property would meet the nighttime noise standard. M-- study also showed that if the present berm between Heritage Rua.d and Carnelian Lane were increased by five feet as well, all the properties except two would fall within the nighttime noise standard. MnDOT did a study to show what would happen if five feet wee added to the berm between Heritage Road and Carnelian Lane, wl th a full intersection with no signal. The result was that three prop rues would exceed the nighttime noise standard. The modeling showed that there would be a slight decrease in noise levels if there were to be a signal at the intersection, with only two properties exceecung the nighttime noise standard. Dietz discussed some other factors on noise that had been reviewed with MnDOT. The noise model program was called Stamina Two,, which was a noise model approved by the Federal Highway Administration. The margin of error was plus or minus 3 decibels. The noise was based on traffic projections to the year 2010. He said the traffic volume projected for Highway 5 of 37,000 vehicles per day was assuming that Highway 212 would not be built. If Highway 212 -were to be built the estimated volume was 29,000. • Eden Prairie City Council - 6 - February 4, 1992 Minutes_ Approved . Dietz then reviewed what would happen if the closure were made, and what would happen if it were not made. He said there had been concern that if Heritage Road were to remain open with a signal at the' intersection, the traffic volume through the neighborhood would be increased. The other question was what would happen if there was a median constructed through the intersection, creating a right- in, right-out onto Highway 5 for Heritage Road and Terry Pine Drive. Dietz then reviewed the results of the study made in November 1991 and February 1992 by Benshoof and Associates. The studies showed that the total number of trips into the neighborhood would remain the same, but the allocation of traffic would be more equal if Heritage Road were to remain open. If Heritage Road were to be closed, Hames Way would carry about 10% more traffic, Evener Way would increase by approximately 30%, and traffic on Carnelian Way would decrease slightly. The Benshoof & Associates, Inc. study also estimated the traffic if Heritage Road were to be a right-in, right-out only. This would result in a 10% decrease on Hames Way, Evener Way would be reduced slightly but still higher than with full access; Heritage Road would be cut in about half; and Carnelian Lane would increase approximately 30%. • The study showed that with a signal at the Heritage Road intersection, Luther Way would remain about the same, Hames Way would be reduced by a significant amount, Evener Way would remain the same, Heritage Road would increase, and Carnelian Lane would drop by about 100 vehicles per day. Sidney Pauly, 17450 West 78th Street, spoke in favor of the closure. She said that Highway 5 was never intended to be a main commuter route and that Highway 212 was intended for that purposes. She said the neighborhood had petitioned MnDOT and the City for a higher berm to reduce noise levels from Highway 5. She said MnDOT Commissioner Riley had replied as follows: "MnDOT will also keep its offer to construct a noise berm that would connect with the in-place berm on the east side of Heritage Road. To do this, however, would mean closing the access of Heritage Road to Trunk Highway 5. This proposal was originally rejected by the neighborhood and the City of Eden Prairie." She said the residents of the neighborhood had never known that this was an option or that it had been rejected. After the receipt of the letter, Pauly said she had sent a letter in November 1991 to the neighborhood asking for opinions on the issue. • Eden Prairie City Council - 7 - February 4, 1992 • Minutes Approved The results of the survey were that 58 persons in favor of closure, and 28 persons in favor of the road remaining open, and 5 persons were neutral. She encouraged residents to reconsider the opposition to closure because she believed that opening the intersection at Heritage Road would result in more traffic through the neighborhood by drivers who wanted to avoid Highway 5. She also said she favored a berm to reduce the noise from Highway 5. Keith Martens, 7760 Heritage Road, spoke in favor of the closure of Heritage Road. He did not believe the noise modeling figures were accurate. He also said that he believed 55 decibels was too high and he did not believe berms would help alleviate the noise problem. He also believed a signal at the intersection would cause more noise because of trucks shifting gears in stopping and starting. Richard Brown, 7685 Heritage Road, spoke in favor of the closure, and believed that if there were to be a signal at the intersection of Highway 5 and Heritage Road, more traffic would be generated through the neighborhood by drivers seeking to avoid stopping for the signal. Judson Friede, 7669 Heritage Road, spoke in favor of the closure and • said he was concerned about noise, traffic levels, safety, and air quality. He believed there would be an increase of traffic through the neighborhood if a signal were placed at the intersection. Douglas Morey, 7741 Heritage Road, spoke in favor of the closure. He was concerned that Heritage Road would carry the majority of the traffic from Highway 5 into the neighborhood. He also pointed out that there were no sidewalks on Heritage Road and Luther Way and he was concerned about safety when walking or biking to Round Lake. Jeff Brassow, 7640 Atherton Way, spoke in favor of the closure for safety reasons. He believed that a signal at the intersection would make Heritage Road dangerous, particularly at rush hour. Emma Eames, 17345 W. 78th Street, spoke in favor of closure. She said that since the noise barrier of trees was removed with the widening of Highway 5, the neighborhood had been very noisy. She believed a signal at the intersection would make the noise worse. Chris Geason, 7596 Carnelian Lane, spoke in favor of open access from Heritage Road to Highway 5 and presented a petition to that effect which contained 65 names. Jim Daley, 7715 Carnelian Lane, spoke in opposition to the closure. He said he favored raising the berm and possibly extending it to the • east in order to control the noise levels. Eden Prairie City Council - 8 - February 4, 1992 Minutes Approved • Andrew Anderson, 17228 Round Lake Road, representing the Round Lake Road residents opposed to the closure of Heritage Road, said he believed more access was needed to the neighborhood as more houses and businesses came into the area. He believed closure of Heritage Road would increase the traffic on Round Lake Road and that the majority of the residents in the area were in favor of keeping Heritage Road open. Pam Dodds, 7595 Carnelian Lane, spoke in opposition to the closure. She said she favored three accesses to the neighborhood rather than two. She was concerned about safety if only two streets were to handle the increased traffic. Terese Waters-McCabe, 18119 Evener Way, spoke in opposition to the closure. She said she believed the issue was really a traffic one rather than noise. She believed present traffic levels on Hames Way and Evener Way were too high for residential streets, and the situation would be made worse if the Heritage Road intersection were to be permanently closed. She encouraged development of Dell Road as soon as possible. She said she supported the use of a berm to reduce noise levels on Heritage Road. She also said the City should find ways to discourage non-neighborhood traffic from using the streets in the neighborhood as shortcuts. She presented Council • with a petition in favoring the reopening of Heritage Road. Rob Johnson, 7626 Carnelian Lane, spoke in opposition to the closing of the Heritage Road intersection because he believed it would result in more traffic on Carnelian Lane. He encouraged Council to consider all the consequences of any action taken on this issue. John McCarthy, 7370 Hames Way, spoke in opposition to the closing of Heritage Road. He encouraged Council to make a decision that would make traffic levels as equal as possible on all streets involved. He said traffic on Hames Way was very heavy in the morning and evening, making it almost impossible to cross the street. Jerry Beauvais, 7735 Meadow Lane, spoke in opposition to the closing of Heritage Road. He encouraged using as many entrances as possible into the neighborhood in order to distribute the traffic equally. Paul Evans, 17456 Evener Way, spoke in opposition to the closure of Heritage Road. He encouraged Council to make a decision that would be most equitable to all the residents of the neighborhood. Owen Anderson, 17220 Park Circle, spoke in opposition to the Heritage Road closure because he believed it would cause increased traffic on the other streets in the neighborhood. He presented Council with a petition from the residents in the neighborhood • requesting that Heritage Road remain open. Eden Prairie City Council - 9 - February 4, 1992 • Minutes ", Approved There were also a number of letters included in the Council packet expressing support for the permanent closure of the intersection in Heritage Way and support for allowing Heritage Road to remain open with access to Highway 5 at the intersection. There were no further comments from the audience. Jessen asked Dietz if the permanent closure of Heritage Road had been an option when the project was first discussed. Dietz said no one at the MnDOT or the City could recall such an option ever being discussed. He said that MnDOT would always prefer to close all roads as it was concerned with mainline traffic, but the closure of Heritage Road had not been an issue until the summer of 1991. Tenpas said he believed a larger traffic study was needed before a decision could be made in order to determine how much of the traffic was coming from within the neighborhood and how much was commuter traffic. He said he would also like more study on the sidewalk and noise issues as well as information on the possibility of speeding up the completion of Dell Road. Jessen said he agreed and believed that the City should find out the • origination and destination of traffic going through the neighborhood. Pidcock agreed that more information was needed, and also believed that the development south of Highway 5 should be taken into consideration. Dietz said that one of the difficulties with predicting drive-through traffic at the present time was that there were so few streets open. However, he said he would meet with the traffic consultant to determine if it wwould be possible to make estimates on the drive- through traffic. He said staff would require at least a month before it could report back to Council on the results. Council agreed to continue this item for 60 days. B. BRAXTON POND by Westar Properties, Inc. Request for Zoning District Change from Rural to R1-13.5 on 3.6 acres; and Preliminary Plat of 3.6 acres into six single-family lots and road right-of-way to be known as Braxton Pond. Location: South and west of the terminus of existing Braxton Drive. (Ordinance 2-92 - Zoning District Change; Resolution 92-19 - Preliminary Plat). Continued from January 21, 1992. • Eden Prairie City Council - 10 - February 4, 1992 Minutes Approved • MOTION Harris moved, seconded by Anderson, to continue this item as requested by the proponent until the February 18, 1992 meeting. Motion approved 5-0. C. PRAIRIE GREEN OUTDOOR STORAGE by Birchwood Labs. Request of Birchwood Labs for Zoning District Amendment within the I-2 District on 3 acres, with variances to be reviewed by the Board of Appeals and Site Plan Review on 3 acres for construction of an outdoor storage facility to be known as Prairie Green Outdoor Storage. Location: Southwest of Fuller Road, south of Birchwood Labs, east of Lincoln Drive. (Ordinance 6-92 - Zoning District Amendment in the I-2 District) MOTION Pidcock moved, seconded by Anderson, to continue this item as requested by the proponent until the February 18, 1992 meeting. Motion approved 5-0. D. TACO BELL by Taco Bell Corporation. Request for Site Plan Review within the C-Reg-Ser Zoning District and Zoning District Amendment • within the C-Rev-Ser District on 0.56 acres with variances to be reviewed by the Board of Appeals for-construction of a restaurant to be known as Taco Bell. Location: Joiner Way, south of Goodyear Tire. (Ordinance -1-92 - Zoning District Amendment in C-Reg-Ser District) Jullie said notices for the public hearing had been properly published. A representative from the Taco Bell Corporation briefly reviewed the site plan explaining the details of the project through the use of a drawing. Enger said the Planning Commission recommended approval of the project at its January 27, 1992 meeting on a unanimous vote. There were no comments from the audience. MOTION Harris moved to close the public hearing and approve 1st Reading of Ordinance No. 7-92 for Zoning District Amendment and direct staff to prepare a development agreement incorporating Commission and staff recommendations and Council conditions. Seconded by Pidcock. Eden Prairie City Council - 11 - "February 4, 1992 • Minutes Approved Anderson believed the lack of sidewalks in the area could be a hazard, particularly to young people who would be the most likely patrons of this and other restaurants in the area. Council agreed that the sidewalk issue was something that should be investigated as soon as possible, but noted it was not part of this particular project. Motion approved 5-0. V. PAYMENT OF CLAIMS MOTION Harris moved, seconded by Anderson, to approve payment of claims. Motion for payment of claims approved with Jessen, Pidcock, Harris, Anderson, and Tenpas voting "AYE". VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS AND COMMUNICATIONS • A. I-494 Briefing from MnDOT A representative from MnDOT gave Council a brief review of the project covering the area from Highway #394 on the north to the Minnesota River on the south and east. The two mainline alternatives being considered were to add one lane in each direction throughout the corridor, or to add two lanes in each direction. One lane in each direction would be for high-occupancy vehicles. He said the part of- the project that had the most effect on the City was on Highway 212 to the west to East Bush Lake Road. He illustrated by the use of maps and drawings planned changes and alternatives. He said the MnDOT was considering the purchase of some right-of-way between Prairie Center Drive and Highway 494. The other area would be around the Highway 169 interchange. The other possible impact would be on the City's open park land between Trunk Highway 62 and Valley View Road where some right-of-way may be required. In this area, the noise analysis showed that noise mitigation may be warranted near the exit near Highway 494 to Valley View Road. The project cost for the one-lane alternative would range between $540-$610 million; for the two-lane the cost ranged between $580-$650 million. Right-of-way costs would be approximately $140-8165 million. The schedule for the project was to prepare the Draft Environmental Impact Statement in March 1992, public hearings in early May 1992, • Final Environmental Impact Statement in November 1992, Record of Decision in May 1993, with first construction beginning in 1997. Eden Prairie City Council - 12 - February 4, 1992 Minutes ._`, Approved • VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, & COMMITTEES A. Student Membership on Boards/Commissions Jullie reminded Council that it had requested that student membership on advisory boards and commissions be considered. Discussion among members of boards, commissions, and staff had led to a consensus that student membership was a good situation. He pointed out recommendations to implement student membership on a pilot basis included in the Council packet. MOTION Jessen moved, seconded by Anderson, to approve student membership on selected boards and commissions as recommended by staff. Motion approved 5-0. IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. City Charter Study Committee • Anderson said the local chapter of the League of Women Voters had recommended that the City appoint a new Charter Study Committee. The 1984 Study Committee had recommended that the merits of having a city charter be reviewed every two years, and it had not been done since that time. Harris asked what the merit was to being a Charter versus a Statutory City. Pauly said that the Home Rule Charter was a document which was voted upon by the residents of a city which prescribed certain methods of doing business other than presently prescribed by statutes. One of the significant changes that could be made with a charter was that a ward system of electing councilmembers could be adopted, and that option was not available to a Statutory City unless there was some special legislation to permit a ward system. • Eden Prairie City Council - 13 - Febru::«y 4, 1992 • Minutes Approved He said one of the biggest reasons against the Home Rule Charter was that with statutory cities, there was a body of uniform law subject to more interpretation by the courts, thereby giving more precedents to follow on a given question. In a Home Rule Charter situation, there were generally no precedents from other communities because the charter may be different from another community's. Tenpas said he would support investigation of the issue in order to consider the ward system of electing councilmembers. Jessen said he believed under the Home Rule Charter, Council could be allowed to approve certain projects without a referendum which the Statutory City must have, thereby giving the City an advantage in planning improvements. MOTION Jessen moved, seconded by Anderson, to request staff to recommend a structure for a Charter Study Committee to investigate the Home Rule Charter versus Statutory City issue. Motion approved 5-0. • 2. Discussion on Utility Bill Discounts for Senior Citizens Pidcock said she had received calls from senior citizens asking why Minnetonka gave seniors discounts on sewer and water bills and Eden Prairie did not, and if it could be considered. She requested that staff investigate this possibility. B. Report of City Manager 1. Expansion of Liquor Stores Jullie said that staff recommended*a third liquor store be located in Prairieview Center. The recommended location had 42,800 feet with a 5-year lease and a 5-year option. The cost of leasing the space was $11.50 per square foot. The cost to set up the new store would be approximately $100,000 with an opening date of June 1, 1992. After discussion, it was the consensus of the Council that the Prairieview location was the best one for a third store. MOTION Harris moved, seconded by Anderson, to authorize sending a a letter-of-intent for a lease to the Welsh Company, and to instruct staff to negotiate for a lower price per square foot if possible. • Motion approved 5-0. Eden Prairie City Council - 14 - February 4, 1992 • Minutes Approved MOTION At 10:55 PM, Jessen moved, seconded by Harris, to extend the meeting to 11:15 PM. Motion approved 5-0. C. Report of Director of Parks, Recreation & Natural Resource 1. Presentation of Schematic Design for Ice Rink Addition at Community Center Lambert reviewed the history of the project and the site and stated that the cost for the entire project would be approximately $2.5 million. Del Erickson, architect for this project, explained the details by the use of drawings and illustrations. Lambert said that the decision before the Council was to approve a budget so work on the plans could proceed on the basis of the money available. The recommendation was for an Olympic-size ice rink and several things could be done to lower the cost if desired. Some of the options were building a smaller rink, making the roof of the building lower by not allowing space for . a second floor, and delaying the installation of dressing rooms and showers. After further discussion, Council consensus was that a budget of $2.3 million was appropriate for the project. MOTION Harris moved, seconded by Anderson, to authorize the architect and the Parks, Recreation and Natural Resources staff to proceed with the plans for a second ice rink with a budget of $2.3 million. Motion approved 5-0. Lambert said that he would present plans at the February 18, 1992 Council meetings. MOTION At 11:15, Jessen moved, seconded by Anderson, to extend the meeting to 11:30 PM. Motion approved 5-0. Eden Prairie City Council - 15 - February, 4, 1992 Minutes Approved 2. Recommendation of Acquisition of Neighborhood Park for SW Eden Prairie Lambert said this was a 11.6-acre parcel owned by Robert and Dellora Coleman, who were willing to sell the land for a park in the Crestwood neighborhood. He recommended acquiring the property on a three-or four-year buyout plan. MOTION Jessen moved, seconded by Pidcock, to purchase the parcel of 11.6 acres from Robert and Dellora Coleman for $12,000 per acre or $145,000 as recommended in the staff memo of January 22, 1992. Motion approved 5-0. D. Report of Director of Planning 1. Recommendations for Bluffs Study Committee Jullie said that on January 21, 1992 Council had instructed staff to outline the structure and responsibilities of a Bluffs Study Committee. He called Council attention to the staff proposal for a • seven-member committee which would recommend policy and tools for control of development on the Minnesota River bluffs. Jessen believed the proposal was a good one but suggested having an ex-officio member from the U. S. Fish and Wildlife Service. He also said that under Item 2 in the memo of January 30, 1992, Item C summarized the actual mission of the committee, with Items A and B being secondary items. Harris said she believed the committee should be constituted for a single issue and the committee would not exist after it had made the required report. Enger said he believed the work could be accomplished in 30 to 60 days. Tenpas said he would like to see people with a variety of points of view in regard to development on the bluffs and he would like to interview prospective members on February 18, 1992. MOTION Jessen moved to appoint a 9-member Bluffs Study Committee as recommended by staff in the memo dated July 30, 1992 with one additional member from the City Council and an ex-officio member from the U. S. Fish and Wildlife Service. Seconded by Harris. Motion approved 5-0. Eden Prairie City Council - 16 - February 4, 1992 • Minutes Approved Darril Peterson, 18700 Flying Cloud Drive, expressed concern that his land would be taken by regulation without proper compensation, and expressed interest in being a member of the committee. E. Report of Director of Public Works F. Report of City Attorney 1. Discussion of Moratorium for Bluff Platting Pauly reviewed his memo dated January 30, 1992 on this subject, specifically calling Council attention to the three points in the Summary: 1. There was statutory authority for the City to impose a moratorium upon development of lands within the City. 2. Application of a moratorium to specific property, the effect of which would be to deprive its owner of all economically viable use of the property, may constitute a temporary taking which would subject the City to liability for damages to the owner for the temporary taking. • 3. In order to suspend the effect of Minnesota Statutes, Section 462.358, Subd. 3b, which provided for the automatic approval of a plat within 120 days of filing, if not sooner denied, a moratorium which would affect the proposed Riverview Heights subdivision would need to be adopted prior to the expiration of the 120-day period for Council action. Jessen said that after reviewing the information in Pauly's memo he would not be in. favor of a moratorium on development along the Minnesota River Bluffs. Council concurred. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Jessen moved, seconded by Harris, to adjourn at 11:40 PM. Motion approved 5-0. •