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City Council - 02/15/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H, Penzel , Richard Anderson . George Bentley, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J, Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services, Robert Lambert, Director of Public :forks Eugene A. Dietz, City Forester Stuart Fox$ Community Center Manager Chuck Pappas, and Recording Secretary Karen Michael INVOCATION: Mayor Wolfgang H, Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members were present I. PROCLAMATIONS A. PROCLAMATION PROCLAIMING FEBRUARY AS HEART MONTH IN EDEN PRAIRIE Mayor Penzel read the proclamation which proclaimed February as Heart r. Month in Eden Prairie. (see attached) B. PROCLAMATION CONGRATULATING EDEN PRAIRIE HIGH SCHOOL BOY'S CROSS-COUNTRY SKI TEAM . Mayor Penzel read the proclamation which acknowledged the Eden Prairie High School Boy's Cross-Country Ski Team' s achievement in winning the State Championship. (see attached) II . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS f The followinv items were added to the Agenda: VII , C. Closing of the DNR Office; XI . F. CommunityCenter Financial Report; XI . B, 1 . Final plat approval for Shay Oak 6th Addition. The following item was removed from the Consent Calendar asi item IV. D. to VIII . D. 2nd Reading of Ordinance No. 4-82, Approval of Developer' s ,�Rreement for C erne Contracting, and Adoption of Resolution No. 83-31 ,LApprov�nd Summary of Ordinance No. 4-82-- and ordering the uub iicat or. of Said Summate for Cherne Contractin . MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. City Council Minutes -2- February 15, 1983 III. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 1 , 1983 MOTION: Anderson moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, February 1, 1983, as published. Motion carried unanimously. IV. CONSENT CALENDAR A. Clerk's License List B. 2nd Read_ ina of Ordinance No. 11-82, Approval of Developer's Agreement for Sunrise Knolls and Adoption of Resolution No. 83-12. Approving Summary of Ordinance No. 1I-82, and Orderina the Publication of Said Summary for Sunrise Knolls. 20 unit apartment buildina in the northwest corner of Rowland and Shady Oak Roads. C. Approval of Developer's Agreement for Eden Prairie Partnership PUD and Preliminary Platting Resolution No. 83-37 . 27 acres Industrial and 3 Single Family lots located in southwest quadrant of County Road 67 and Chicago NW Railroad. D. 2nd Readina of Ordinance No. 4-82, Approval of Developer's Agreement for Cherne Contracting, and Adoption of Resolution No. 83-31 . Approving Summary of Ordinance No. 4-82, and Ordering the Publication of Said Summary for Cherne Contractina. Office building construction south of West 78th Street and west of Cabriole Center. (Item moved to IV. D. ) ItE. Change_Order for Staring Lake Park Shelter F. Request for Council to approve amendment to Contract 7789 for trail develop- ment at Bryant Lake Regional Park G. Final Plat approval for Norman Industrial Park (east of Industrial Drive and south of CSAH 67) Resolution No. 83-35 H. Approve plans and specifications and authorize bids to be received for t Cardinal Creek 3rd Addition Improvements Resolution No. 83-36 I . Request for Public Hearing by McGlynn Bakeries for consideration of Munici- pal Industrial Development Bonds in the amount o 900,000.00 for March 5, 1983 , J. Set Public Hearing for Tax Increment District No. 4 for March 15, 1983 MOTION: Bentley moved, seconded by Redpath to approve items A - C and E - J on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- February 15, 1983 V. P_UBLIC HEARINGS A. Public Hearing for the removal b contract of Diseased Trees on Private Property Resolution No. 83-30) City Manager Jullie noted that notice of this Public Hearing had been published and letters had been sent to property owners informing them of tonight's hearing. He reviewed the purpose of the hearing. Stuart Fox, City Forester, was present to answer questions. He went through the list of affected properties and said which property owners had contacted him regarding removal plans. There were no comments from the audience. Redpath asked how the cost of removal is determined. Fox said it is estimated at $9 per diameter inch. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to order the removal of diseased trees on private property as recommen- ded in the February 3, 1983, memorandum from Stuart A. Fox, City Forester. Motion carried unanimously. B. Red Rock Ranch by Robert Mason Homes . Adoption of Resolution No. 83-32, Approving Comprehensive Guide Plan Change from Low to Medium Density Resi- dential , Adoption of Resolution No. 83-33, Approving PUD Concept Review for Mixed Residential Land Uses on 150 acres for 581 units , Adoption of Resolu- tion No. 83-34, Approving Environmental Assessment Worksheet. Located east of Red Rock Lake, west of rtitchell Road and south of Pheasant Oaks . City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tangen said he felt a time limit on the presentation of this proposal should be established. He was concerned because this is a large project and others in the audience should not have to wait an unreasonable amount of time for other items to be heard by the Council . Bentley said he would not like to see a time limit placed on the hearing. MOTION: Tangen moved, seconded by Anderson, to consider this item until 9 p.m. The motion was defeated by a vote of 2 - 3. Bob Mason, developer, gave some background on the proposal as well as on Mason Horn3s, Inc. He introduced Dick Putnam of Tandem Corporation, planner for the project, and Randy Trevalia of Mason Homes . Dick Putnam spoke to the proposal and presented slides depicting the character of the land on a site by site basis . i City Council Minutes -4- February 15, 1983 Director of Planning Enger stated the Planning Commission had reviewed this project at four different meetings (October 12, 1982, November 8, 1982, January 10, 1983, and January 24, 1983. ) At the January loth meeting recom- mendations regarding the major part of the project were made; at the Jan- uary 24th meeting recommendations relating to the Environmental Assessment Worksheet were made. Enger stated there were two requests : 1) to change the Comprehensive Guide Plan from low density residential to medium density and 2) for PUD Concept Review from mixed residential land uses. The Planning Commission recommended approval (6 - 0) of the Comprehensive Guide Plan Change and Planned Unit Development Concept Review as per the December 13th revision, subject to the Staff Report recommendations of January 6, 1983, and other Planning Commission recommendations as noted in its Minutes . The Planning Commission also recommended that the 581 units be reduced to a maximum of 525 Director of Cormmunity Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this proposal on a number of occasions the last being February 2, 1983. It recommended approval as per the Planning Staff Report and the Community Services Staff Report with the following • exceptions: that the 4.3 acre park be tied into the first phase, and that the dedication of the park on the Lakeshore along with payment of cash park fees be reconsidered. The Commission would also like the opportunity to review the need for an interior trail system as rezoning requests are reviewed. Bentley said the change in the Guide Plan must be considered before approval of the PUD concept is addressed. He felt that one of the major considerations should be whether or not the City should open an area in a low density region to medium density development. He wondered if the City would be forcing the construction of sewer facilities into this area prematurely; the public costs must be looked into in terms of roads and other utilities. He asked if the proposed density is supposed to fit into the surrounding land uses. Redpath noted there is already higher density use to the north of the proposal . The trunk line sewer will have to go through this area some day. He asked how long the cul-de-sac in area "A" would be. Enger said 1/2 to 3/4 mile. Redpath said without the connection with County Road 1 this would not be desirable. Penzel said in 1972 there were plans which indicated the density would become lower as one went west and south from Mitchell Road . This , he said, is some- thing which has been anticipated over the past ten years. Redpath said the length of time that the Planning Commission and the Parks , Recreation & Natural Resources Commission had spent discussing the density issue should be given a great deal of consideration by the Council . If these Commissions were accepting of the change, based on a great deal of discussion, then the Council should consider their recommendation as valid. 3 City Council Minutes -5 February 15, 1983 Bentley said he is not really concerned with the density question but felt it could be done in a good way and will accomplish the goals set forth in the PUD concept. He felt the most important consideration is the cost to extend the utilities into that area. Fenzel agreed that the utility cost is a valid concern; but he felt that this would be a part of the rezoning question. He said the question to be answered was whether or not this PUD met the original` premises of the Comprehensive Plan. Bentley asked if the Guide Plan directed itself to the staging of utilities. Enger said -there is a capital improvements program for the trunk sewer and water projects and this is slated for 1984-85. Bentley asked how the density change in this area occurred. Enger said it was the result of neighbor- hood meetings held in 1975 at which time the Guide Plan was discussed. Wendell Owens , 9041 East Staring L.ane, said he is concerned about a road from East Staring Lane into the development. Penzel said City policy has been to interconnect neighborhoods and that such connections be made as new developments occur. Penzel noted that such a p) ocedure would only come about after public hearings and only if and when City sewer and water connections were made. Bentley asked how the City could require the loop road extension into the proposed project which would go through property not controlled by the proponent. Ender explained there are several things which ar•e beyond the control of the developer. One is the property is 1400' away from a hard surface road on Mitchell Raad; 4,000' away from trunk sewer and water which would be necessary to serve the area. Enger said the proponent is asking for approval of the land use plan subject to the approval of these various issues. He said it has been suggested to the proponent that he work with the adjacent property owners; if this doesn ' t occur in several years then perhaps there might be some public involvement. Penzel noted a letter from Virgil A. Seifert in which he expressed his concern about being assessed for any utility improvements . Bentley said he would like to see the densities in Section K lowered. Redpath said if this concept is accepted he would like to see the pro- ponent come in with a plan for the road system when the time to approve that is before the Council, Mason said the City has already said they must have a collector street through this property; otherwise they would have different plans for this property. Penzel said the City must look very carefully at the issue of expenditures of public improvements. Bentley asked if any figures had been put together for extending Mitchell Road and if any figures were available for the cost of utilities to this area. Enger said Director of Public Works Dietz might have a general idea as to the cost. There were some figures put together several years ago according to Enger. Enger said it costs approximately $100 a front foot for each side of a 28' street with utilities in it. For a 1400' street or road this would amount to $280,000. Bentley asked if there could be some preliminary figures put together which would also show suggested means of financing. Penzel said he felt this was a zoning related matter and the Council should not get hung up on this aspect. City Council Minutes -6 February 15, 1983 MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 83-32, amending the Comprehensive Municipal A Plan. Motion carried unanimously. City Attorney Pauly recommended that Staff be given the opportunity to draft a resolution which will address the recommendations of the Council , the Planning Commission, and the Parks, Recreation & Natural Resources Commission; and will incorporate those recommendations into one document. 5 a MOTION: Redpath moved, seconded by Anderson , to refer the PUD plan to Staff for drafting of a complete resolution (Resolution 83-33) including ' all the recommendations and considerations to date. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, not to forward the amendment to the Guide Plan to the Metropolitan Council until the PUD resolution is adopted. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-34, finding the amended Environmental Assessment Worksheet for Red Rock Ranch a private action which does not require an Environmental Impact Statement. Motion carried unanimously. Councilman Tangen left the meeting at 9: 15 p.m. because of a medical emergency. V1 . PAYMENT OF CLAIMS NOS. 6056 - 6300 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 6056 - 6300. Roll call vote: Anderson, Bentley, Redpath, and Penzel voted "aye. " Motion carried unanimously. VII . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 1-83, relating to the Regulation, Licensing and use of Gambling Devices City Attorney Pauly noted the revised draft of Ordinance No. 1-83 provides that 60% of the profits shall go for community benefit and for "persons or objects within the City. " Some of the service clubs - such as the Lion' s Club - may wish to send their profits from a raffle event to some chari - table organization which may be located outside of the City (i .e. Heart Hospital , Association for the Blind, Camp Courage, etc. ) Accordingly, the draft has been amended to indicate that for temporary licenses only, the requirement for using 60% of the profits for persons or uses within the City be waived. Fees will be delineated in the Fee Resolution, MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance No. 1-83, relating to the regulation, licensing and use of gambiing devices. Motion carried with Penzel voting "no. " (Tangen indicated he would have voted "no" had he been present for the vote. ) City Council Minutes -7- February 15, 1983 B. 2nd Reading of Ordinance No. 9-82, Approval of Developer's Agreement on Woodlawn Heights and Adoption of Resolution No. 83-14, Approving Summary of Ordinance No. 9-82, and Ordering the Publication of Said Summary­for Woodlawn Heights. 139 Residential Units in the southwest corner of Town- line and Duck Lake Roads. City Manager Jullie noted Staff had worked out specific details in the Developer' s Agreement. Bentley asked about the phasing of Duck Lake Road. Jullie said the property s owners on the east side of the road would not be assessed for any improvements until the time their homes were connected to sewer and water. There was dis- cussion regarding the proponent's construction of the utilities . i MOTION: Bentley moved, seconded by Redpath, to grant 2nd Reading to Ordinance No. 9-82 for rezoning and approval of the Developer' s Agreement for Woodlawn Heights . Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-14, approving the Summary of Ordinance No. 9-82 and ordering the publication of said Summary. Motion carried unanimously. C. Cl os_i ng of_the_DNR_Office Penzel noted a memorandum dated February 14, 1983, to the Mayor and City Council regarding the closing of the DNR Metro Region Office located on Warner Road in St. Paul and the transfer of the functions of that office IL to an outstate DNR factility. Bentley suggested the word "many" be deleted from the first line of the second paragraph. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-49, regarding' the DNR Metro Region Office, with the deletion of the word "many" . Motion carried unanimously. D. 2nd Reading of Ordinance No. 4-82, Approval of Developer' s Agreement for Cherne. con ractin , and Adoption of Resolution No. 83-31 , Approving Suinmary of Ordi- nance No. 4-82, and Ordering the Publication of Said Summary for Cherne Contrac- tine City Manager Jullie introduced Delbert Miller of the Hennepin County Park Reserve, Miller said the Park Reserve District Board still recognizes the property boundary as it was show in the transfer agreement. He noted the change has not been approved by the Board. Because the amount of land pre- viously accepted by the Board amounted to 53% of the site he was not certain as to the reaction of the Board to the 33% dedication. He thought perhaps the Board would like to negotiate with Cherne for more property. Miller felt the City should be aware of what the Board might do. He indicated they might have to go back to the Metropolitan Council since it was a third party in this transaction. - J City Council Minutes -8 February 15, 1983 Penzel said the City would not want to stand in the way of the Park Reserve Board's desires. Miller said his concern was the manner in which the 33% would be given as well as the timing -- how would the 23'lvo donation be handled; what about the additional 10%? Jullie said the City had a letter on file from Cherne expressing their intent; the City also would have control over the building permits issued. Penzel said it would be the committed intent of the City Council to turn over the land to the Park Reserve. City Attorney Pauly reviewed the aspect of the transaction which will be presented in the form of a gift. Director of Community Services Lambert said there is a copy of a revised deed which removes concerns ; this will be substituted for a section which no longer applies. Anderson asked about the restrictions being placed on the site. Lambert said there were no more restrictions than those which had been placed on the Bachman-Anderson site. MOTION: Bentley moved, seconded by Anderson, to grant 2nd Reading of Ordinance No. 4-82, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to approve the Developer's Agree- ment for Cherne Contracting. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to approve Resolution No. 83-31 , Approving the summary of Ordinance No. 4-82 and ordering the publication of said summary for Cherne Contracting. Motion carried unanimously. 4L IX. PETITIONS, REQUESTS & COMMUNITCATIONS A. Resolution No. 82-261 , regarding request from Henne in Country to enforce parking restrictions at Lion's Tap formerly L,ynon's Tap Continued from 11/16/82 City Manager Jullie explained this item had been considered at the November 16, 1982 Council meeting at which time the owner, Mr, Notermann, indicated he would be proceeding through the City' s rezoning process to a tempt to resolve the parking problem. As of today, the City had not received any rezoning applications. Jullie said the Public Safety Department had indi- cated there have been no additional problems in the area. Penzel said the commitment the Council was given in November has not been followed up on and the Council should act by indicating signs will be put up in 30 days if nothing is done. MOTION: Redpath moved seconded by f.nderson, to put up no parking signs if the proponent has not come back to the City in 30 days with the appro- priate applications. Bentley said he did not see the immediate hurry since this has not been a problem in the past. I ty Council Minutes -9- February 15, 1983 Bert Notermann, owner of Lion' s Tap, said the plan which they had intended to bring in is not feasible at this time because they have not been able to acquire the land to make the necessary changes. Dick Putnam, consultant to the said the have been attempting proponent, Y to buy land from Sever Peterson who is not interested at this time in selling the land. He hoped they would be able to come back to the City within a couple of weeks with a new plan. 1 Anderson asked if Notermann can accommodate his business at the present location. Notermann said he felt with an additional expansion and the addition of parking the Lion's Tap image could be maintained as it is. VOTE ON THE MOTION: Motion carried unanimously. B. Metro Council staff presentation regarding EIS process for Flying Cloud_ Sanitary Landfill Carl Schenk and Karen Harring•�on were present from the Metropolitan Council . Schenk explained the process the Metropolitan Council will use in preparing the EIS. He noted the EIS is a document which discloses the environmental impact of a proposed project. He noted the process has been decentralized and that is why the Metropolitan Council is preparing this EIS. He reviewed the time sequence to be used in the review process: I) Metropolitan Council prepares and distributes the EAW 2) Environmental Quality Board published notice of EAW availability in Monitor (Scoping period begins) 3) 30-day scoping period, Council holds public scoping meeting within 15 working days and receives public comments 4) Council approves scoping decision for EIS (.within 15 working days of close of scoping period) 5) EQB publishes EIS preparation notice (within 45 days after scoping decision) 6) 280-day EIS preparation period a) Council prepares and distributes draft EIS for public comment b) Council holds public meetina on draft EIS c) Council prepares and distributes final EIS d) Council reviews comments , decides adequacey of final E I S Schenk said March 9, 1983, has been set as the date for a public meeting to be held at the Hennepin County Vo-Tech from 7 - 10 p.m. at which time the scoping period will begin (2). Redpath said he would like to see Eden Prairie's representative on the Metropolitan Council, William Sando, attend the March 9th EIS meeting. City Attorney Pauly asked if the Metropolitan Council had done anything further on its policy plan and guide plan since 1981. Schenk said it is supposed to be revised in 1983. y t City Council Minutes -10- February 15, 1983 a Penzel said he hoped the EIS would answer some of the concerns which the City now has. The question of what the City' s final options might be was discussed. Planning Director Enger noted the City will be looking at two EISes in the next month: one will be for County Road 18, the other for the Crosstown. These are in addition to the one under discussion. X. APPOINTMENTS A. Board of ApReals & Adjustments - Appointment of tw9 (2) members to serve three 3 year terms commencing 3/1/83 and expiring on 2/28/86 The names of Hanley Anderson and James Dickey were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Hanley Anderson and James Dickey to the Board of Appeals & Adjustments. Motion carried unani- mously. B. Buildin Code Board of Appeals - Appointment of two (2) members to serve three 3 year terms commencing 3/1/83 and expiring on 2/28/86 The names of Tony Hirt and Bob Lapic were placed in nomination. MOTION: Redpath moved, seconded by Bentley , to close the nominations and to cast a unanimous ballot for the appointment of Tony Hirt and Bob Lapic to the Building Code Board of Appeals . Motion carried unanimously. C. Development Commission - Appointment of three (3) members to serve three ) year terms commencing 3/1/83 and expiring 2/28/86 The names of Don Opheim, Kent Barker, Marvin LaGrow, Glenn Keitel , Peter Stalland, and Dan Smithwick were placed in nomination. Upon tabulation of the ballots Don Opheim, Kent Barker and Glenn Keitel were selected to serve on the Development Commission, MOTION: Redpath moved, seconded by Bentley, to cast a unanimous ballot for Don Opheim, Kent Barker, and Glenn Keitel for appointment to the Development Commission. Motion carried unanimously. D. Flying Cloud A—irport Advisory Commission of Eden Prairie - Appointment of two 2 members to serve three (3) year terms commencing 3/1/83 and expiring 2/28/86 - 1 appointee to be a Flying Cloud Businessmen's Representative and 1 appointee to be a citizen representative. The names of Bob Gartner and Les Lewis were placed in nomination. MOTION: Bentley moved , seconded by Redpath, to close the nominations and to cast a unanimous ballot for the appointment of Bob Gartner and Les Lewis to the Flying Cloud Airport Advisory Commission. Motion carried unanimously. City Council Minutes -I1- February 16 , 1983 3 E. Historical &_ Cultural Commission - Appointment of three (3) members to serve three_ C3 year terms commencing 3/1/83 and expiring on 2/28/86 The names of Barbara Johnson, Arlene Marshall , and Marie Wittenberg were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations and to cast a unanimous ballot for the appointment of Barbara Johnson, Arlene Marshall and Marie Wittenberg to the Historical & Cultural Com- mission. Motion carried unanimously. F. Human Rights & Services Commission - Appointment of three (3) members to serve three--year terms commencing 3/1/83 and expiring on 2/28/86 The names of Vaughn "Bob" Norberg, Elizabeth Kelly and Dan Smithwick were placed in nomination. MOTION: Redpath moved, seconded by Bentley, to close the nominations and to cast a unanimous ballot for the appointment of Vaughn "Bob" Norberg, Elizabeth Kelly and Dan Smithwick to the Human Rights & Services Commission. Motion carried unanimously. G. Parks , Recreation & Natural Resources Commission - Appointment of three (3) members to serve three 3 year terms commencing 3/1/83 and expiring 2/28/86 The names of Jerry Kingrey, Marty Jessen, Pat Breitenstein and Edward Schuck were placed in nomination. Upon tabulation of the ballots Jerry Kingrey, Marty Jessen and Pat Breiten- stein were selected to serve on the Parks , Recreation & Natural Resources Commission. MOTION: Anderson moved, seconded by Redpath, to cast a unanimous ballot for Jerry Kingrey, Marty Jessen and Pat Breitenstein for appointment to the Parks, Recreation & Natural Resources Commission. Motion carried unani- mously. H. Planning Commission - Appointment of three (3) members to serve three (3) year terms commencing 3/1/83 and expiring 2/28/86 The names of Bob Hallett, Edward Schuck , Stan Johannes , Diane Gramling , John Lavender, Jr, Elizabeth Retterath and Grant Sutliff were placed in nomination. Upon tabulation of the ballots Bob Hallett. Edward Schuck and Stan Johannes were selected to serve on the Planning Commission. MOTION: Anderson moved, seconded by Redpath, to cast a unanimous ballot for Bob Hallett, Edward Schuck and Stan Johannes for appointment to the Planning Commission. Motion carried unaimously, t City Council Minutes -12- February 15, 1983 XI . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A. Reports of Council Members 1. Bentley reported on a Chamber of Commerce meeting with 20 Major Center r Area property owners. They have agreed to fund a study and report which will review land uses within the Major Center Area. This study will in- dicate what these land owners see as happening on the property they own. The Chamber of Commerce then hopes to put together a report which will show what is there, what might be proposed, and where the road spurs might . come into Prairie Center Drive. Bentley said he has been very pleased with the high degree of cooperation the Chamber has received from the property owners. He said this study will help to decide whether there is a basis for a design framework. B. Report of City Manager 1. Final plat approval for Shady Oak 6th Addition City Manager Jullie reviewed the action which had previously been taken on this matter and the action necessary to resolve the issue. MOTION: Redpath moved, seconded by Bentley, to approve the final plat for Shady Oak 6th Addition. Motion carried unanimously. C. Report of City Attorney There was no report. D. Report of Planning Director 1. Discussion on proposed ordinance for interim uses in the Major Center Area Bentley questioned the requirements included in the section on the Council findings. The concensus was to change the word "require" in Subd. 3. D. 3. to "result in" and to add "building" following the word "new. " MOTION: Redpath moved, seconded by Bentley, to approve the draft ordinance for interim uses in the Major Center Area and to refer the draft to the Planning Commission for its review and recommendations. Motion carried unanimously. E. Report of Director of Public Works 1. Grading request at S.W. corner of 78th Street and Prairie Center Drive Director of Public Works Dietz spoke to his memorandum of February 3, 1983, in which he addressed the rading at the intersection of 78th Street and Prairie Center Drive ?I .C. 51-398). The change would author- ize a change order which would remove the surcharge from the Hyde prop- erty to Technology Drive, Dietz indicated he had appeared before the Planning Commission and the Parks , Recreation & Natural Resources Commis- sion to review this proposal . City Council Minutes -13 February 15, 1983 Dietz noted the alternatives available as outlined in his memorandum . and answered questions posed by the Council . i k Councilman Tangen returned from his medical emergency at 11: 15 p.m. r Anderson said he was not happy with the situation. He had been told that area is a major amenity to the City and it keeps being whittled away at; soon we will not have this amenity. MOTION: Redpath moved, seconded by Bentley, to approve Change Order #1 for the grading at the intersection of 78th Street and Prairie Center I Drive. Motion carried with Anderson voting "no. " F. Report of Director of C'cmmunity Services 1. Community Center Financial Report Director of Community Services Lambert called attention to a February 15, 1983, memorandum regarding the 1982 Community Center Financial Report in which a net operating profit of $2,264. 14 was reported. Penzel stated this was better than anyone had expected and was a sign not only of good management but also of the tremendous support of the community. XII. NEW BUSINESS Penzel said he would like to see legislation passed during this session of the State Legislature whereby the licensing procedure for registering car ownership would be amended so that license plates would be transferred at th-e time of the sale of a car. This would mean that the plates would belong to a person who would be insured and if a person sold a car he or she would keep the plates; the new owner of the previously owned car would have to prove insurability prior to purchasing plates. Bentley noted there is a proposal before the Legislature now which would levy severe penalties when there is falsification of insurance. XIII. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 11:40 p.m. Motion carried unanimously. ,I