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City Council - 04/16/1996 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,APRIL 16, 1996 7:30 P.M., CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson, Jr., and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Facilities Bob Lambert,Director of Public Works Gene Dietz, City Attorney Roger Pauly, and Council Recorder Jan Nelson ROLL CALL Mayor Harris called the meeting to order at 7:35 PM, following the meeting of the Housing & Redevelopment Authority. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Jullie added the Eden Prairie Optimist Club to the Clerk's License Application List for a temporary license for the sale of beer April 27 and 28, 1996, at a softball tournament. Harris added item M.A.1. Letter from National Kidney Foundation. Pauly changed paragraph 1 , page 23 of item H, Shoreland Ordinances. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve the agenda as published and amended. Motion carried unanimously. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 2, 1996 MOTION: Case moved, seconded by Tyra-Lukens, to approve the minutes of the City Council meeting held Tuesday, April 2, 1996, as published. Motion carried with Pidcock and Thorfinnson abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RESOLUTION 96-59 GRANTING FINAL APPROVAL FOR THE TANAGER CREEK PROJECT IN THE AMOUNT OF$15 045,985 CITY COUNCIL MINUTES April 16, 1996 Page 2 C. REQUEST TO SCHEDULE PUBLIC HEARING FOR NATURAL AND SCENIC GRANT PROPOSAL D. APPROVE BIDS FOR RUBBERIZED FLOORING FOR RINK#1 AT EDEN PRAIRIE COMMUNITY CENTER E. DATA METALCRAFT EXPANSION by Gene O'Brien. Request for Withdrawal of Data Metalcraft Proposal F. ROGER'S HOMESTEAD by Paul Thorp. 2nd Reading of Ordinance 15-96 for Zoning District Change from Rural to R1-13.5 on 10.9 acres; and Approval of a Developer's Agreement for Roger's Homestead by Paul Thorp. Location: Duck Lake Road and Duck Lake Trail. (Ordinance 15-96 for Zoning District Change) G. SOUTHWEST CROSSING HOTEL by BTO Development Corporation. 2nd Reading of Ordinance 14-96-PUD4-96 for Zoning District Change from Commercial Regional to Commercial Regional Service on 7.25 acres and Planned Unit Development District Review on 7.25 acres; Adoption of a Site Plan Review on 7.25 acres and Approval of a Developer's Agreement for Southwest Crossing Hotel by BTO Development Corporation. Location: Viking Drive and Prairie Center Drive. (Ordinance 14-96-PUD-4-96 for Zoning District Change and Planned Unit Development District Review and Resolution 96-60 for Site Plan Review) H. SHORELAND ORDINANCES 2nd Reading of Ordinance 16-96 amendment to City Code Chapter 11, Section 11.02 entitled Definitions and 11.50 entitled Shoreland Management; and 2nd Reading of Ordinance 17-96 amendment to City Code Chapter 9, Section 9.60 entitled Regulation of Lake Waters Generally I. RESOLUTION 96-61 ESTABLISHING A NEW MUNICIPAL STATE AID STREET J. RESOLUTION 96-62 APPROVING FINAL PLAT OF VHaNG DRIVE WEST 2ND ADDITION(located at the southwest corner of Viking Drive and Prairie Center Drive) K. RESOLUTION 96-63 APPROVING FINAL PLAT OF ROGERS HOMESTEAD (located at the southeast corner of Duck Lake Road and Duck Lake Trail) L. RESOLUTION 96-64 APPROVING FINAL PLAT OF CHASE POINT 3RD ADDITION Qocated at the northwest corner of City West Parkway and Shady Oak Road) M. RESOLUTION 96-65 APPROVING CONSTRUCTION PLANS FOR CSAH 62/T1I 101/DELL ROAD INTERSECTION, I.C. 52-103 CITY COUNCIL MINUTES April 16, 1996 Page 3 N. RESOLUTION 96-66 APPROVING CONSTRUCTION PLANS FOR FLOODPLAIN/WETLAND MITIGATION SITE: TH 212 RAMP EXCAVATION AND EMBANKMENT, I.0 93-5301 MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve amended item A, items B-G, amended item A and items I-N of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. BEST BUY PARKING by Best Buy Company. Request for Zoning District Change from Rural to I-2 on 0.7 acres and PUD District Review on 28.5 acres, Preliminary Plat of 28.5 acres into one lot, and Site Plan Review on 0.7 acres. Location: 10555 Northgate Parkway. (Ordinance for Zoning District Change and PUD District Review and Resolution 96-67 for Preliminary Plat) Jullie said this project involves the construction of 143 new parking stalls and a drive- aisle on the site, bringing the total parking to 1,076 units. Chris Johnson, representing Best Buy, reviewed the project. Enger said the Planning Commission reviewed the project on March 25, 1996, and recommended approval on a 7-0 vote, per the recommendations of the Staff Report of March 22, 1996. The project was not reviewed by the Parks,Recreation&Natural Resources Commission. There were no comments from the audience. MOTION: Tyra-Lukens moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to I-2 on 0.7 acres, and PLID District Review on 28.5 acres; to adopt Resolution 96-67 for Preliminary Plat approval of 28.5 acres into 1 lot; and to direct Staff to prepare a Development Agreement, subject to the recommendations of the Staff Report of March 22, 1996. Motion carried unanimously. B. IMPACT MARKETING DEVELOPMENT by Keith Waters. Request for Zoning District Change from Rural to Office on 6.02 acres, Comprehensive Guide Plan Change from Hennepin County to Office on 6.02 acres, Preliminary Plat of 6.02 acres into 2 lots and Site Plan Review on 6.02 acres. Location: Baker Road and Hwy 62. (Ordinance for Zoning District Change from Rural to Office,Resolution 96-68 for Comprehensive Guide Plan Change and Resolution 96-69 for Preliminary Plat) Jullie said this project involves the proposed construction of two office buildings on property owned by Hennepin County, located west of Baker Road and south of the Crosstown Highway. CITY COUNCIL MINUTES April 16, 1996 Page 4 Keith Waters, the proponent, reviewed the proposal. Enger said the Planning Commission reviewed the proposal at the March 11, 1996 meeting, and unanimously recommended approval of the request, subject to the recommendations ofthe StaffReport ofMarch 8, 1996, and with the addition of item 3.E. which restricts the lighting used in the project. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project at the March 18, 1996 meeting and recommended approval of the request, subject to the recommendations of the Staff Reports of March 8 and March 13. The Parks Commission commended the developer for an excellent job of developing on a difficult site and preserving the major amenities. Case asked where the runoff from the parking lot will go. Alan Gray said the drainage will go into the existing pond which will function as a NURP pond. Mary Whiteside, 6269 St. Johns Drive, was concerned about the lighting, signs that will be put up for the project, and the additional traffic generated by the project. Enger said the residents'concerns about lighting is being addressed with the additional item added to the Staff Report recommendations by the Planning Commission when they voted approval. Waters said they will hold the height of the lighting to below 20 feet. Whiteside asked if the lights will be on all night. Waters said they may need some lights on all night from a public safety standpoint. Enger said there is no requirement by the City to maintain lighting for 24 hours per day. Whiteside said she would like to have some from a safety standpoint. Waters said they could set up an arrangement to leave a percentage of the lights on all night. Whiteside repeated her concern about the traffic impact, especially on Baker Road. MOTION: Pidcock moved, seconded by Thorfinnson,to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Change from Rural to Office on 6.02 acres;to adopt Resolution 96-68 for Preliminary Plat of 6.02 acres into 2 lots and road right-of-way; to adopt Resolution 96-69 for Comprehensive Guide Plan Change from Hennepin County to Office on 6.02 acres; and to direct Staff to prepare a Development Agreement, subject to the recommendations of the Staff Reports of March 8 and 13, 1996, the additional recommendation of the Planning Commission restricting the lighting fixtures used in the project, and the condition that proponent will work with Staff to determine a percentage of the lights to be left on at night. Motion carried unanimously. C. PROPOSED SURFACE MANAGEMENT ORDINANCE FOR DUCK LAKE Lambert said this Public Hearing is required by the Department of Natural Resources CrrY COUNCIL MINUTES April 16, 1996 Page 5 prior to their review of the Draft Ordinance for Surface Management of Duck Lake. Upon Council approval of the Ordinance, Staff will then request authorization to proceed with construction of the public access to Duck Lake. The access will include a two to three car parking lot and a pedestrian ramp from the parking lot down to the slope at the Lakeshore. We will also immediately submit an application for an aeration system from the DNR. Lambert said the Parks Commission reviewed the proposal at their March 18, 1996 meeting and recommended approval on a unanimous vote. Harris asked if we would use the aeration system on an "as-needed" basis. Lambert replied we do not anticipate having to use it every year. Harris asked to what extent the chemical treatment of lawns contributes to fish kill in the lakes. Lambert said this is probably the biggest problem on metro lakes. Dietz said the Environmental &Waste Commission is reviewing an ordinance that would prohibit the use of phosphorous fertilizers in Eden Prairie. Tyra-Lukens asked how long the aerators would run during a severe winter such as this one. Lambert said we operated aerators at Round Lake, Mitchell Lake and Red Rock Lake this winter. They were turned on the first week of January and run until there was open water. He said we have run the system at Red Rock Lake every year, and the system at Mitchell Lake has run the last two years. Harris asked how often we restock the lakes. Lambert said it depends on the lake. The DNR will monitor the lakes and will restock depending on the fish kills. Case asked how loud the aerators are during operation. Lambert said the loudest one was at Round Lake this year because it has a larger motor than the other lakes. Duck Lake would have an aerator with a 7-1/2 h.p. motor like the ones at Mitchell and Red Rock. Harris asked if the introduction of non-motorized water craft introduce the possibility of millfoil. Lambert replied if boats have been to other lakes there is always the possibility of millfoil. Pidcock asked about the residents who live on the lake and use motorized watercraft. Lambert said at the Parks Commission nobody had seen any except for electric motors. Enrique Baltierra, 6732 Sunburst Drive, asked about the exact location of the proposed access. Lambert said it is located in the center of the land that the City owns on the north side of the lake. Baltierra then said they did not know Duck Lake Trail would be a very heavy traffic area when they purchased their property, and it has turned out to have a much higher level of traffic and noise pollution than they expected. He was concerned that increased use of the lake will cause more litter along the lakeshore, and the parking provided will not be sufficient. He asked the CITY COUNCIL MINUTES April 16, 1996 Page 6 Council to not approve the project so that the traffic and usage of the lake does not increase. Tom Lindquist, 16750 Baywood Terrace, thought the solution to the litter problem is for people to be conscientious and do volunteer cleanup. He thought the project will improve the safety issue of kids fishing along the road. Rod Fisher, 16820 South Shore Lane, said the only motors he has seen are the ones on the boats applying the pesticides. He was concerned with the increased use of jet skis. He thought a change to a more defined access area would be a step in the right direction. Harris asked if jet skis would be prohibited. Lambert said they would be prohibited under the "no motors" prohibition. Ron Hilk, 16770 Baywood Terrace, was concerned about the small area that people will have from which to fish and about the extreme fish kill that occurred this winter. Doug Morriston, 16650 Baywood Terrace, opposed the ordinance because of the noise problem, the eyesore caused by the fencing around the aerator, the hazard of open water on the lake and the location of the fishing dock in a congested area. He presented a petition from nine property owners who opposed the project. The following residents indicated their support of the project: Sue Orton, 16760 South Shore Lane, John Kosewick, 6503 Bay Drive;Darren Cattnach, 16731 Prairie Lane;Tom Sands, 16729 Baywood Terrace,Jody Manning, 16960 South Shore Lake, and John Orton, 16760 South Shore Lake. Rose Hilk, 16770 Baywood Terrace, asked how much open water there would be when the aerator is in use and how it would be managed. Lambert said the amount of open water will depend upon the temperature and winds, but generally will be about 50-200 feet across. The City will post signs around the system and will put up an orange fence around the area of open water with "Thin Ice" signs, as required by State law. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Thorfinnson asked Lambert to review the costs involved for the project. Lambert said the City has estimated the cost of constructing the access and installing electrical service will be less than $10,000. They will put in parallel parking for 2-3 cars off Duck Lake Trail and construct a short asphalt path to the lake. The DNR provides the aeration system at no charge, and we can apply for a fishing pier. The aerator costs about $1,00041500 to operate during the winter months. CITY COUNCIL MINUTES April 16, 1996 Page 7 Pidcock asked if we anticipate there will be years when we will not operate the aerator. Lambert replied Duck Lake has gone two or three years without a fish kill. We will begin monitoring in mid November for the oxygen level and make a decision to turn the system on. Pidcock supports the project because it gives access to the lake for those kids who don't live on a lake. Case said he was in favor of anything we can do to make the lakes accessible and safe. Tyra-Lukens supports the plan to save the fish and protect our natural resources for all people in the City. She was concerned about the safety issue, and this gives us an opportunity for a safe fishing site. She thought the aerator will be used as needed, and the noise factor will not be as much of a concern because it won't be running during the summer months. She asked if there will be trash collection at the site. Lambert replied we will have trash barrels at our access site. Harris saw this as another resource in the City, and we try to manage resources for all our citizens. She thought there will be some margin of safety with the project. She thought we need to refocus our attention throughout the City in terms of the littering problem. Thorfinnson asked if we would go ahead with the fishing pier without the grant for it because he viewed the pier as a very important part of the project. Lambert said the pier would cost$15,000- $20,000 without the grant. We will certainly apply for the grant, and we will probably receive one eventually. The DNR will try to begin stocking the lake this year as there probably are not many fish left. MOTION: Case moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance amending City Code, Chapter 9, prohibiting the use of motorized vehicles and motorized water craft on Duck Lake, and approving the expenditure of funds not to exceed $10,000 to develop the public access and electrical facilities necessary to accommodate the aeration system on Duck Lake. Motion carried unanimously. D. LAI EVIEW OFFICE by Dana Larson,Roubal and Associates. Request for Zoning District Amendment in the Office Zoning District on 2.79 acres, Preliminary Plat of 5.74 acres into 2 lots and Site Plan Review on 2.79 acres. Location: West 78th Street. (Ordinance for Zoning District Amendment and Resolution 96-70 for Preliminary Plat) Jullie said this project involves the construction of a one-story, 16,000 square foot office building, on property to the south of West 78th Street and adjacent to the Cabriole Center development. Peter Beck and Griff Davenport, representing proponent, reviewed the proposal and the variances that will be required. CITY COUNCIL MINUTES April 16, 1996 Page 8 Enger said the Planning Commission recommended approval of this request at its March 11, 1996 meeting on a 4-1 vote(Schlampp opposed), subject to the March 8, 1996 Staff Report. He reviewed the variances required, including a shoreland variance for the 130 foot setback, and the zero lot line setback for the parking. Lambert said the Parks, Recreation&Natural Resources Commission reviewed the project on March 18, 1996, and recommended denial on a unanimous vote, citing the project should be located further from the lake by moving the building to the north, even though the repositioning would remove a considerable number of oak trees. Connie Wetmore, 8040 Ensign,was concerned about preserving the preservation area around Anderson Lakes, the impact on wildlife, taking additional space for the parking lot when there is extensive parking in the area that goes unused, granting the variances when there is no evidence of undue hardship, and the project altering the essential character of the area. Jay Wetmore, 8040 Ensign Road, said the proposed construction will impact his property because the dripline of his trees is within the construction area proposed for the project. He used drawings to illustrate how the construction of the building may adversely impact the trees and the surrounding area. He was concerned about the proposed plantings'impact on wildlife in the area Myrna Sampson, 8048 Ensign, was concerned about habitat preservation. She suggested the under-office parking be eliminated and the building be moved back to exist within the 200 foot shoreline ordinance. Mary Jean Carr, 8100 Ensign Road, was concerned about the impact on the environment,that the 1985 drought level was used to determine shoreland rather than an average level, possible erosion caused by the footings, and the loss of additional acres of wetland. Harris asked if we have methods to protect the Wetmores' trees from the construction, if there are wetlands on this site, and the issue of safety of construction on the slope. Lambert said the proponent will keep any trees designated for saving and will stay out of the drip lines in order to save the trees. He said deep cuts will require installing some walls to protect the trees, and fence or erosion control must be used to protect trees on the neighbors property. He said there are no wetlands proposed to be removed. Enger said the points made by Mr. Wetmore regarding problems with the slope during construction are valid, and he thought proponent would have to take some measures to save the trees they have designated. Davenport said their site planner has said it is possible to construct the building on the slope although it will involve some shoring for the footing system. The vegetation is very much a part of the over-all design. He noted the parking setback is not one that requires a variance. CITY COUNCIL MINUTES April 16, 1996 Page 9 Case asked if, since proponent owns the land and the large parking lot, they could build on the parking lot area. Davenport said, while they do own the parking lot, there is a lifetime easement to Cabriole Center,however, they are addressing the issue of shared parking. Pidcock asked how many jobs will be brought in. Davenport said they have about 50 employees today and plan to increase to 60 in a year or so. Pidcock noted the proposal will add significantly to the tax base. She thought this firm will do an outstanding job of landscaping and of constructing a project be proud of. While the neighborhood has valid concerns, she did not think they should override the benefits of this project to the community. Harris thought it was a unique architectural design and she liked it a lot. There is no addition to the hard-surfaced area, and there is no change in the visual impact from this development. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing. Motion carried unanimously. Mr.Wetmore did not think the construction method had been addressed. Harris said it would be addressed in the Developer's Agreement. MOTION: Pidcock moved, seconded by Tyra-Lukens, to approve 1st Reading of the Ordinance for Zoning District Amendment in the Office Zoning District on 2.79 acres; to adopt Resolution 96-70 for Preliminary Plat approval of 5.74 acres into 2 lots; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and the condition that proponent take the precautions necessary to keep construction away from the drip line of the trees. Motion carried 4-1,with Case opposed. E. FLYING CLOUD BUSINESS CENTER by Opus Corporation. Request for Zoning District Amendment in the I-5 Zoning District on 15.6 acres, Planned Unit Development District Review on 15.6 acres, Planned Unit Development Concept Review on 15.6 acres; and Site PIan Review on 15.6 acres. Location: 6509 Flying Cloud Drive. (Ordinance for Zoning District Amendment and Planned Unit Development District Review and Resolution 96-71 for Planned Unit Development Concept Review) Jullie said this project involves the construction of a single story, 204,000 square foot industrial building on approximately 15.6 acres located along Flying Cloud Drive,just north of Shady Oak Road. Jim Neyer, representing Opus Corporation, reviewed the proposal. CITY COUNCIL MINUTES April 16, 1996 Page 10 Enger said the Planning Commission recommended approval of this project on a 5-0 vote at its March 11, 1996 meeting, subject to the recommendations of the Staff Report of March 8, 1996. Lambert said the Parks, Recreation & Natural Resources Commission also recommended approval on a unanimous vote at its meeting on March 18, 1996, subject to the recommendations of the supplemental Staff Report of March 13, 1996, with an additional recommendation to have the City Attorney determine what the City can do to initiate a change in the state law that prohibits us from collecting park fees for projects over five acres. There were no comments from the audience. Tyra-Lukens asked about the agreement to reduce the wall sign in order to increase the monument sign. Enger said the wall sign square footage is based on a percentage of the elevation of the building, and this project could have about 80 square feet of wall signage. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment in the I-5 Zoning District on 15.6 acres, and PUD District Review on 15.6 acres; to adopt Resolution 96-71 for PUD Concept Review on 15.6 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Case asked where the tennis and volleyball courts would be. Neyer said that concept came up with Metro Systems directly to the south of them; however, the Parks Commission decided they were less interested in that than other conditions. They will make a voluntary payment of some amount in lieu of the recreation facilities. Neyer said they would like to request an early grading permit if the Council votes approval of the project. Pidcock asked if they had taken into account getting public transit into their building. Neyer said there is a Park-and-Ride at Flying Cloud and Shady Oak Road. Pidcock suggested they discuss the issue of public transit with the transit agency before 2nd Reading. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Pidcock moved, seconded by Case, to grant an early grading permit prior to 2nd Reading at the proponent's risk. Motion carried unanimously. F. BEARPATH 1996 PUD AMENDMENT by Bearpath Limited Partnership. Request for PUD Concept Amendment Review on 15 acres, PUD District Review and Zoning District Amendment on 15 acres. Location: Bearpath Trail and Dell Road. CITY COUNCIL MINUTES April 16, 1996 Page 11 (Resolution 96-72 for PUD Concept Amendment and Ordinance for PUD District Review and Zoning District Amendment) John Vogelbacher, representing Bearpath, reviewed the request for a front yard setback waiver from 30 to 20 feet for side-loaded garages for lots on Breckenridge Lane and Bearpath Trail. Enger said the Planning Commission recommended denial of this request on a 5-0 vote at the March 11, 1996, meeting because they believe the waiver was to accommodate larger houses, and it was a disservice to those existing residents that have built within current City setbacks. There were no comments from the audience. Harris asked if the homes have back decks. Vogelbacher said they typically have decks, and the setback would be 40 feet including decks. Case asked if there is a plan that would be arranged so the garage would come out to the road. Vogelbacher said all of the units included in this waiver request have the orientation as outlined in his review of the project. Harris asked what that does to the sight lines along the street. Vogelbacher said the homes would all have a 20 foot setback, but the homes all have a different style. Tyra-Lukens asked who is on the architectural review committee. Vogelbacher said there are four members on the committee. Tyra-Lukens noted there was no opposition from the neighborhood tonight, yet the Planning Commission minutes indicate several residents spoke against the project. Vogelbacher said there was some opposition at the January 8, 1996 meeting, but they held a neighborhood meeting to address those concerns. One resident spoke in favor of the request at the second Planning Commission meeting. MOTION: Tyra-Lukens moved, seconded by Pidcock to close the Public Hearing. Motion carried unanimously. Harris was more concerned about the issues of safety than the reasons for opposing the variance. She thought this would be a minor variance. Case thought it was a question of what is the hardship. Pidcock was not comfortable with the 20 foot setback. Vogelbacher noted this is a 60 foot right-of-way. CITY COUNCIL MINUTES April 16, 1996 Page 12 Harris asked if this would pose a difficulty for us if, for some reason, the City had to take over the project. Dietz said he did not think it would as we do not push snow back that far. Case was concerned children would leave a garage and go right out onto the street, but this configuration of a turned garage would address that concern. Pidcock suggested they could make the house smaller. Thorfinnson said he did not have a problem with the variance request. Tyra-Lukens said she has difficulty seeing what the hardship is, other than they want to protect their planned architectural style. Case was concerned this would set a precedent, and he thought it would be important to stipulate why this is a unique situation if we agree to grant the setback waiver. He thought the placement of the garage is important, and the style is consistent with the neighborhood. Tyra-Lukens was also concerned about precedent and how we would be able to deny a similar request. Case noted any other requests would have to go through the variance process. MOTION: Case moved, seconded by Thorfinnson, to approve 1st Reading of an Ordinance for Zoning District Amendment on 15 acres and PUD District Review;to adopt Resolution 96-72 for PUD Concept Amendment Review on 15 acres; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Pidcock asked how many houses are involved in the request. Vogelbacher said there are five acres of villas and townhouses, and this request covers 13 villa units and 16 townhome lots. Pidcock suggested the motion be amended to stipulate the number of lots or the acreage involved. AMENDMENT TO THE MOTION: Case moved, seconded by Thorfinnson, to amend the motion to include the specific lot numbers to be included in the waiver. Motion carried unanimously. VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. G. WATER TREATMENT PLANT EXPANSION by City of Eden Prairie. Request for PUD Concept Review and PUD District Review on 18.9 acres, Zoning District Amendment within the I-5 District on 18.9 acres and Site Plan Review on 18.9 acres. Location: Southeast corner of Highway 5 and Mitchell Road. (Resolution 96-73 for PUD Concept Review,Ordinance for PUD District Review and Zoning District Amendment) CITY COUNCIL MINUTES April 16, 1996 Page 13 Gary Tushie, architect for the project, reviewed the plans for expansion of the City's Water Treatment Plant to meet the projected demand through build-out of the City (2010). In addition, the project involves removal of the existing sludge lagoons and provision of an administrative area which will include a public education area, together with other facilities needed for operation of the plant. A new wetland area will be created as a focus for public education to promote water protection and conservation. There were no comments from the audience. Harris asked about the area that will be used for education. Dietz said the lower half of the rotunda will be used for public education space. MOTION: Pidcock moved, seconded by Tyra-Lukens, to extend the meeting for 20 minutes. Motion carried unanimously. Dietz reviewed the change in the design and the budget for the project. He reviewed the schedule for the construction, and noted the new expansion part of the facility will be put on stand-by power rates. MOTION: Pidccock moved, seconded by Tyra-Lukens, to close the Public Hearing; to approve 1st Reading of the Ordinance for Zoning District Amendment within the I-5 District on 18.9 acres and PUD District Review on 18.9 acres; and to adopt Resolution 96-73 for PUD Concept Review on 18.9 acres. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote,with Case,Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VH. ORDINANCES AND RESOLUTIONS A. 1ST READING"OF AN ORDINANCE AMENDING SECTION 4.05 OF THE _CITY CODE TO ALLOW THE ISSUANCE OF MORE THAN ONE LIQUOR LICENSE TO AN INDIVIDUAL 7ullie said Staff is recommending approval of an amendment to the City Code which would remove the prohibition of more than one liquor license being issued to an individual. The City Attorney's office has reviewed this matter and has recommended amendments to City Code, Section 4.05, as described in the letter of April 2, 1996, from the City Attorney. Pidcock asked what safeguards we have against one person monopolizing the liquor licenses in the City. Pauly said there are no provisions that would limit the number CITY COUNCIL MINUTES April 16, 1996 Page 14 of licenses held by an individual. He said this request change is necessary because one company is acquiring two restaurants in the city. Harris noted the Council would have to make the decision to okay license requests and would have to maintain vigilance to make sure there was not a monopoly. Pidcock asked if there was a way to set a maximum number of licenses. Case suggested we approve the ordinance tonight and refer the issue of limiting options to staff for further review. MOTION: Case moved, seconded by Thorfinnson, to approve 1st Reading of the Ordinance amending City Code, Sections 4.05 and 4.99, as recommended in the Staff Report of April 16, 1996, and to refer the issue of limiting options for future liquor licenses to Staff for further review. Motion carried unanimously. VM. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS A. HUMAN RIGHTS & DIVERSITY COMMISSION - Appointment of one member to fill an unexpired term to 3/31/97 Thorfinnson nominated Vladimar Kozyrev. Pidcock seconded the nomination. MOTION: Pidcock moved, seconded by Case, to close the nominations and to cast a unanimous ballot for Vladimar Kozyrev to fill the unexpired term on the Human Rights&Diversity Commission. Motion carried unanimously. XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Letter from National Kidney Foundation Harris said she received a letter from the National Kidney Foundation that described their "Cars for Life" program. The program tows away and recycles old and/or abandoned cars. She asked Staff to check out the details of the program, and suggested the local newspaper could help to publicize the program. B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES April 16, 1996 Page 15 C. REPORT OF DIRECTOR OF PARKS, RECREATION& FACILITIES 1. Policy on Donations As the Council requested at the March 19, 1996 meeting, Lambert said Staff has worked with the City Attorney's office to prepare a recommendation relating to procedures to be followed when gifts are offered to the City of Eden Prairie. The essential elements of the policy would include a written proposal from the donor, documentation of a recordable title, representations about conformance with environmental laws, staff review, and recommendations regarding any obligations which might be assumed by the City upon acceptance of the gift, an environmental survey in the case of real property, a review by an appropriate advisory commission, and if deemed appropriate by the Council, gifts shall be accepted by Resolution of the Council adopted by two-thirds vote of the members. Lambert said the Parks Commission reviewed the policy and recommended approval. Harris questioned the requirement for a 2/3 vote of the Council. Pauly said the statutory requirement is for a 2/3 vote, which translates to a 4/5 vote on a five-person Council. Pidcock thought the policy is cumbersome. MOTION: Pidcock moved, seconded by Thorfinnson, to receive and approve the proposed policy on donations, as outlined in the Staff report of April 16, 1996. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Approve Award of Contract for Professional Services for Parks/Public Works Facility Dietz said Staff interviewed consultants to do the design work on the Public Works facility. They are recommending Kodet Architecture Firm, Ltd., be awarded the contract for a fee of$230,000 which is 8% of the project's cost. MOTION: Tyra-Lukens moved, seconded by Pidcock, to accept the Staff Report of April 16, 1996, recommending the award of contract for professional services for the Parks/Public Works Facility. Motion carried unanimously. CITY COUNCIL MINUTES April 16, 1996 Page 16 F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIM ADJOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 11:25 PM.