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City Council - 08/16/1983 `a 1` APPP,OVED MINUTES EDEN PRAIRIE CITY COUNCIL DAY, AUGUST 16, 1983 7:30 PM, CITY HALL S`.. 1CIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George Eentley, Paul Redpath and George Tangen OUNCIL STAFF: City Manager Carl J . Jullie , City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enqer, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: t-layor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present ;PPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS she following items were added to the Agenda: I_V. I . Request for Municipal Industrial Development Bonds in the Amount of $8,844,000.QO for City Nest usiness C2iiter and IX. B. 1 Authorize Staff to ��ecotiate a hew !_ease for ( or. the Prairie Ville Mall Liquor Store. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY , JULY 19, 1983 Page 2, Motion: change the parenthetical statement to read as follows " (Bentley stated he would have abstained from voting; but because this issue would receive four "yes" votes if continued, he voted so the proponent would not be further delayed . )" ''age 10 , para . 5, last sentence: change to read: "Brooks said Target would _ xtend the retaining wall to provide adequate screening as determined by the City. „ MOTION: Tangen moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, July 19, 1983, as amended and published. Motion carried with Redpath abstaining. City Council Minutes -2- August 1.6, 1983 I1I . CONSENT CALENDAR A. Resolution declaring costs to be assessed and ordering publication of proposed 1983_Special_ Assessment Rolls and setting Public _Hearer for September 20, _1983, at 7:_30 p.m. (Resolution No.. B. Receive feasibility report for Shady Oak Road improvements and set Public Hearing for Ocfober 4 , 19P3, at 7:30�p_m.._,__I C._ 52_025 Resolution No. 83-195) C. Dellwood special assessment agreement D. Change Order No. 1 , N. E. Quadrant of the MCA road irrprovnents , I .C. 51__308A-2 E. Clerk 's License List F. Award bids for Staring Lake Bike/Hike Trail Phase 1 MOTION: Bentley moved, seconded by Anderson, to approve items A - F on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. TIMBER CREEK bar B-T Land Company. Request for Planned Unit Development Concept Amendment, Planned Unit Development District Review, Zoning Dis- trict Change from Rural to R1-13. 5 and R1-9.5 for 63 acres, and Preliminary Plat of 158 single family detached lots. Location: County Road 4 and Duck Lake Trail . (Resolution No. 83-203 - PUD Conce t, Ordinance No. 41-83 - Zoning, and Resolution No. 83-204 - Preliminary Plat} r City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Rick Murray, proponent, spoke to the request. Jack Lynch, planner for the project, was available to answer questions. E r Director of Planning Enger noted this item had been considered by the Planning Commission at its July 25, 1983, meeting at which time it voted to recommend approval subject to the Staff Report dated July 22, 1983, (revised to indicate action taken by the Planning Commission at its meeting.) « Enger stated the preliminary plat before the City Council reflected the alterations and revisions proposed by the Planning Commission. x Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission had reviewed this proposal at its August 1 , 1983, meeting at which time it voted to recommend approval subject to the recom- mendations included in the Staff Reports (Planning Staff Report of July 22, 1983, as well as the Supplemental Staff Report dated July 29, 1983, by the Community Services Department Staff. ) He noted the Parks , Recreation & Natural Resources Commission recommended accepting the park in the South- western portion of the proposed development in lieu of cash park fees. City Council Minutes -3- August 16, 1983 Penzel recalled that in former proposals for this area - Eden Farms and the forger Timber Creek proposals - the flood plain was to have been dedicated to the City. He inquired as to what had happened to that provi- sion. Lambert explained that the type of housing proposed has changed - there would have been rnore units per acre in the Former proposals. Under the present proposal there would be no density transfer. There may be some density transfer at a later time , during a later phase, relating to the flood plain. Penzel said he felt it would be reasonable to assure the conveyance of flood plain at this time. Lambert said it may not be possible at this time because the issues have changes . He also noted that only a little over 6 acres would have to be transferred to the City for the park, but the developer is willing to transfer 8.4 acres . Penzel expressed concern that the City would lose a "critical amenity" if the flood plain area were not transferred at this time. Murray indicated that the flood plain area may be necessary as a density transfer when zoning is requested for the northern portion of this development. Bentley asked the reason for the change - moving a cul-de-sac onto the creek side of the development. Enger said this works better with the topography and does not encroach on the flood plain. Anderson inquired as to where the pedestrian creek crossings would be. Lambert said none is shown with this proposal but showed where the potential creek crossing would be. Anderson said he would like to see provisions made for the crossing so nothing is missed. Murray said there is a 10' trailway indicated on the plat. Bentley asked what the possibility would be of transferring the flood plain area to the City with the City then being responsible for seeing to it that this could be used in a density transfer regarding the northern area. Murray said this had been discussed with City Attorney Pauly about a year ago; at that time they were not able to come up with a solution which was acceptable to both parties . Bentley asked what, from the City' s per- spective, seemed to be the problem. Pauly said the proponent did not feel assured that the zoning would be available as contemplated. The proponent did riot wish to go through with rezoning for the entire parcel nor with platting the entire parcel . Murray explained the problems from his per- spective, gaining release of properties prematurely from his mortgagor. Enger noted, in addition, that the proponent had said that he was reluc- tant to convey land prior to development even with rezoning because he felt a future Council could revoke the zoning. Enger said the Council might consider a scenic easement in this instance to preserve the areas under discussion. He added this would be a way in which to stay within the original PUD. Pauly said that would be all right if the lender would join in the scenic easement. Penzel asked about actions of future City Councils in regard to commitments made by previous Councils. Pauly said he felt future Councils would be in a very tenuous situation if they were to back out of commitments made by predecessors . I City Council Minutes -4- August 16 , 1983 Lambert indicated he was not concerned about getting the flood plain at this time because it will eventually come to the City one way or another. He said when the north portion is developed the City should consider taking the wooded hill in lieu of cash rather than the flood plain -- the flood plain can come via density transfer, gift or as tax forfeited land. Director of Public Works Dietz said he would like to have paragraph n. from the Planning Staff Report dated July 22, 1983, included in the Council recommendations. That paragraph read: "Revise plans to show instal- lation of a section of road within the Chatham Woods devel opmant linking the adjacent road systems to the proposed north access. " and had been deleted by the Planning Commission. Enger explained the. Planning Commis- sion had been persuaded that it might be an unfair requirement to ask the developer to make an off-site improvement. John Price, 16680 Honeysuckle Lane, asked where the park access to the park would be. Lambert explained there would be an 8' asphalt bikeway along Duck Lake Trail which would lead to the park. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-203, approving the Timber Creek by B-T Land Company Planned Unit Development Concept. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to give Ist Reading to Or- dinance No. 41-83, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-204, approving the preliminary plat of Timber Creek for B-T Land. Motion carried a unanimously. s MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations and those of the City Council including : the reconunendation to make the street connec- tion to the west at the expense of the developer to be reviewed further by the proponent and Staff -- such improvements to be made at the time other streets are done; the commitment of the developer towards the flood plain and his intent as to how to transfer this to the City (PUD concept approval would accomplish this according to Pauly) ; and the recommendations included in the Staff Report dated July 22, 1983. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to add to the PUD concept approval the intent of the developer towards the transfer of the flood plain to the City. Motion carried unanimously, 4 ✓ u: City Council ',irutes -5- August 16, 1983 B. MENARD ' S. Request for Zoning from Rural to Commercial Regional Service and Preliminary Plat of 1. 6 acres for retail shopping center. Location: east of existing Menard' s building , adjacent to Plaza Drive. (Ordinance No. 40-83 - zoning and Resolution No. 83-202 - preliminary plat) x City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. r Mary Prochaska , proponent, addressed the proposal . � Planning Director Enger said the Planning Corrunission had reviewed this request at its meeting on July 11 , 1983, and again on July 25 , 1983. The Minutes of the latter meeting reflect the recommendations of the modified plan which was present at that meeting based on discussion at the former meeting. Menard' s, Enger noted, has since made additional changes in these plans. There was no report from the Parks , Recreation & Natural Resources Commission. Cash park fees would be applicable to this proposal . Fenzel said hp did not think the proposal to be an attractive layout and wondered if a court type setting had been considered or an "L" shaped building. Prochaska said and "L" had been considered but did i. not work out due to the grade separation. Penzel said perhaps the center units could be set back to provide courtyard space. Prochaska said cross-shopping traffic would get lost in that type of configuration. Penzel said he felt that would soften the impact of the monolithic front. 4L Prochaska said that was not in his plans. Penzel said sisrage which :could unify the center should be considered. Prochaska said this would not allow for the individuality of each tenant. Enger stated the idea of breaking the lineal facade has merit; Prochaska had said this would not be economically feasible. He noted the type of tenants expected here might not be expected to be shoppers who would "cross-shop." He said the signage is a difficult issue; a similar letter style or similar height to afford some consistency might be considered. Bentley asked if the facades of the different stores could be moved 10' . Prochaska said the sight lines are then lost. Penzel said he believed the proposed to be something like that might have been proposed in 1955. Anderson said the Major Center Area is attractive and has maintained a high degree of quality; this does not maintain that. He noted there are no trees in front of the buildings or on the sidewalks in front of the build- ings. He said he felt the Council has the option to make the buildings in the shopping areas in the City attractive; the Council should assume the responsibility to do so. Prochaska said there is landscaping between the parking aisles at the Menard' s store and that has set the theme for the style which would be continued; to change would look ridiculous. Penzel said he felt more could be done to make this more desirable. City Council I-li nutes -6- August 16, 1983 t Prochaska said he did not understand why the Council wished to create a park in the middle of a shopping center. Penzel said the Council has taken this stance with other develcpers and was only being consistent in requiring a certain level of development. Bentley said he would like to see a specific signage plan. There were no comments from the audience, w MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to continue action on this matter to the September 6, 1983, Meeting of the City Council or to a time to be specified by the Mayor if Staff and the proponent are able to work out the necessary problems before time. Motion carried unanimously. C. E . A. SWEEN. Request for Zoning District Amendment of 9. 1 acres for a corporate office building, Location: south of State Highway 5 at Fuller Road. (Ordinance No. 4 2-83 - Zoning district Amendment) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Tom Sween , President of E.A. Sween, Co. , ir,treduced Bill Anderson, architect with Design Partnership and Mark Labree , landscape architect with La ndicon, who spoke to the request. Craig Halvorson addressed the Highway 4 access issue which had been resolved earlier today with the adjacent property owners . Planning Director Enger stated this item had been reviewed by the Planning ' Commission at its meeting on July 25, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report dated July 22, 1983. He noted that there is a question regarding whether or not Burger King has adequate access ; it is felt this issue can i be resolved and will not adversely affect the Sween request, Halvorson stated the road as shown this evening is as proposed by Burger King and resolves the problems which it had. Bentley asked about the outdoor storage of truck trailers. Sween showed sight, line drawings which indicated most of the present area will be hidden by plantings. City Attorney Pauly said indoor storage could be required or a variance could be requested. Redpath asked where the message board would be. Sween said at this time there are no plans to put it back up when the building is expanded, Penzel asked Pauly about the trucks which are parked while they are being loaded. City Attorney Pauly noted this is a permissible non-conforming use as ind-Icated in the 1979 Developer's Agreement. There were no comments from the audience. y Ci ty 1 'ri nutes -7- August 16, 1983 F40T1ON: Redpath moved , seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 42-83, rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath , to amend the Developer' s agreement to include the agreement on the access road to the west as well as the recommendations included in the Staff Report dated July 22, 1983, and including a timing plan for the construction of a berm along Highway 5. Motion carried unanimously. D. McKINLEY LANE VACATION. (Resolution No. 83-198) City Manager Jullie said notice of this Public Hearing had been published_ Director of Public Works Dietz addressed the vacation. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath , to close the Public Hearing and to adopt Resolution No. 83-198, vacating McKinley Lane. Motion carried unanimously. E. REQUEST FOR MUNICIPAL _INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF �9,170,000. 00 FOR THOMAS HOTEL COMPANY �R�solufon �No. �$3-200� 'Y F City Manager Jullie stated official notice of this Public Hearing had been published. Herb Margolis, construction consultant, addressed the request, noting 9 that permanent financing has been obtained and it is hoped that ground will be broken in October for the hotel . There were no comments from the audience. MOTION: Benitley moved , seconded by Anderson, to close the Public Hearing , and to adopt Resolution No. 83-200, giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Minnesota Energy and Economic Development Authority for approval and authorizing preparation of necessary documents. Motion carried unanimously. F. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $i ,000 ,-000.00 for E. A. SWEENI-(Resolution No. 83-201) City Manager Jullie said official notice of this Public Hearing had been published Dick Riley, Dougherty, Dawkins , Strand & Yost, Inc. , addressed the request, noting the building will be personally owned by Tom Sween whose major equity will be in the land. There were no corrmients from the audience. City Council Minutes -8- Auaust 16 , 1983 s MOTION: Redpath moved, seconded by Tangen , to close the Public Hearing and to adopt Resolution No. 83-201, giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Energy and Economic Devel- opment Authority for approval ; and authorizing the preparation of necessary documents . Motion carried unanimously. G. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF 51` 050,GGO OQ for CRC_ ASSOCIATES (Resolution No. 83-199� i City Manager Jullie said notice of this Public Hearing had been published. Michael Lundeby, a partner in CRC, addressed the proposal stating the three partners had approximately $150 ,000 - $200,000 in equity in the project. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No . 83-199, giving preliminary approval to a proposed Industrial Development Project by CRC Associates under the Muni - cipal Industrial Development Act and authorizing submission of an application to the Minnesota Energy and Economic Development Authority for approval thereof. Motion carried unanimously. TAX INCREMENT FINANCING DISTRICT NO. 6 (Resolution No. 83-176) City Manager Jullie stated notice of this Public Hearing was published. He noted Tax Increment Finance District No. 6 consists of the Factory Outlet Centre, City Attorney Pauly noted: The evidence introduced and as described in the minutes of September 15 , 1981 , is made a part of the record in these proceedings. Also made a part of the record in these proceedings are: a) the notice of the August 16, 1983 public hearing ; b) minutes of meetings of the City Council held on September 22 , 1981 , March 30, 1982, November 16, 1982, March 15 , 1983 and May 17, 1983; c) letter from Eden Prairie Chamber of Comrierce dated September 18, 1981 ; d) minutes of meetings of the City' s Planning Commission on March 29, 1982 and May 9, 1983; e) memo- randum dated August 15, 1983 by Eugene A. Dietz, Director of Public Works, addressed to the Mayor and City Council ; f) a letter dated July 14, 1983, addressed to Mr. John Lobben, Chairman of the Board, Eden Prairie School District No. 272; g) a letter dated July 14, 1983 addressed to Mr. Norm Friederichs, Chairman of the Board, Joint Independent School District No. 287; h) a letter dated July 14 , 1983 addressed to Mr. John Derus , Chairman of the Hennepin County Board of Commissioners; i ) and a memorandum dated August 15, 1983 by Carl J . Ju11ie, City Manager; and j) a memorandum dated August 15, 1983 by Bob Martz. , There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson , to close the Public Hearing and to adopt Resolution No. 83-176, providing for establishment of proposed Tax Increment Financing District No. 6 and the adoption of a Tax Increment Financing Plan relating thereto, Motion carried unanimously. City Council +?-,,Aes -9- August 16, 1983 I . REQUEST FOR MUNICI_P_AL INDUSTRIAL DEVELOPMEN_T_BONDS IN THE AMOUNT OF I 58,844-,Odd-.00 FOR RYAN CONSTRUCTION r6k CITY WEST BUSINESS CENTER DEVELOP- f P�fENT COMPt;NY Resolution No. 93-205 City Manager Jullie said notice of this Public Hearing had been published. i Al Schackman, Ryan Construction, and Len Champer, vuran & Moody, spoke to the request. !} There were no comments from the audience. { MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-205, granting preliminary approval and determining to proceed with a project and its financing under the Municipal Industrial Development Act, referring the proposal to the Commissioner of the Department of Commerce for approval and authorizing preparation of necessary documents . Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 9019 - 9309 MOTION: Tangen moved, seconded by Anderson, to approve the Payment of Claims Nos. 9019- 9309. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. REPORTS OF ADVISORY COMMISSIONS A. Development_ Commission - Resolution No. 83-192, Charging the Development Commission to prepare a plan for the design and implementation of an Economic Development Program for the City of Eden Prairie. f City Manager Jullie reviewed the rationale for this Resolution. He intro- duced Glenn KSitel , member of the Development Commission, who stated the Development Commission believes very strongly that the City should have at its disposal all tools to aid commercial and industrial growth. Redpath said this would help the Development Commission to have a defined task. Bentley noted the Development Commission will now have a much more vital role. He thought perhaps the Council had been remiss in not giving the Development Commission more direction in the Mast. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No, 83-192, charging the Development Commission to prepare a plan for the design and implementation of an economic development program for the City of Eden Prairie. Motion carried unanimously. City Council Vino+es - :�- August 16, 1983 ViI . PETITIONS, REQUESTS £s C01 ",JNJCAT'J0VS Don Mosher, Fieldman from Senator Rudy Boschwitz' s Office. requesting i npu_t_ from Council and Staff on TFederal Funding or other Federal programs Mayor Penzel introduced Don Mosher who said he had been meeting with representatives of corununities in Hennepin County most recently after having spent the previous ten months in outstate Minnesota . He noted the concerns of suburban Hennepin County are not too different; the major issues of concern are revenue sharing, cable tv, and tax incentives for development. He reviewed recent Legislative action in those areas . Penzel referred to a letter which he had sent to Senator Boschwitz earlier regarding cable tv; in this he stated he would not like to see controls wrested away from local governments. Penzel said he would like to see tax dollars remain with the cities and not be sent to Washinc-ton. He also expressed a need for a post office , noting that Eden Prairie is an employment center rather than a bedroom corjununity. Penzel called attention to the regional highways which are the lifeline of Minnesota ; if we cannot move our goods to market the economy comes to a halt. He said he felt we have failed to provide highways for the future. Bentley said he believed block grant funds which are administered by the "Metropolitan, Council and/or Hennepin County should allow a certain Faercen- tage of funding which would be non-discretionary. He said he would not like to see any restrictions placed on the incentives from owning a home, including restrictions on interest deductions which have been under discussion in 14ashington. Mosher noted that Senators Boschwitz and Durenberger and Congressman Frenzel have been carrying on correspondence with the U ,S. Postal Service regarding a post office for Eden Prairie. Bentley said the Hopkins Postmaster has requested a meeting with the Eden Prairie Chamber of Commerce to discuss the service issue. B. Request for approval_ of a Commercial Stable License Permit from Sta Woodbear l , Incbes f _. -__ - _ _ , or a_ face 1 it,y at9630 ,Eden ,Prairie Road Bill P,earman, proponent, addressed the proposal . Anderson asked about the runoff for this area . Bearman said the building has been placed 800' -900 ' from the road. Septic systems have been placed so as not to be affected , away from the natural drainage areas. MOTION: Bentley moved, seconded by Redpath, to approve the request from Woodbear Stables for a Commercial Stable License Permit. Motion carried unanimously. _ - ;a ..: City Co-.jncil '.-I-inutues Aunj;;t 16 , 1983 C. Realuest from Scott and Stephanie Feldmann for Council review of Bca-rd- 4 of A & A,djUS ppeals n t s decision on Variance No. 83-23 MOiION: Redpath moved , seconded by Anderson, to set Tuesday, September 6, 1983, 7: 30 p.m. as the time and date for a Public Hearing at which time the Council will review the Board of Appeals & Adjustments decision on Variance 83 23. Motion carried unanimously. 'Jill . -)RDIN,,kNCES & RESOLUTIONS A. 2nd Reading of Ordinance and R1-22, A, roval of Developer' s Aareenient, for Hidden Glen , Adoption tion of Reso- lu�t-ion* r4o. 8 - O , KT Approving Surary of Ordinance No. 22-83, and Orderinq - ' Summary of Summary of Hidden Glen. Approval of Special Assessment 'Agreement -and- -Authorization of Hidden Glen Park Acquisition, Location: acres for 59 single family lots south of Townline Road and cast of Highwray 101 . (Continued from August 2, 1983) PenZel reviewed previous action taken by the Council . Bentley asked about the status of the park acquisition question. Director of Community Set-vices Lambert addressed his memorandum dated July 28, 1983, in which this issue was reviewed. Director of Public Works Dietz noted the Dell Road issue in which the pro- ponent would be responsible for a 32' -wide collector rc,,-d . Director of Planning Enger noted that on the revised final plat the Lochan- burn connection is a "T" intersection rather than a through street. 11att Strodel , 6610 Lochanburn Road , said the neighborhood is disappointed hecause its wishes were not given consideration. The residents feel the grade on I-nchanburn is too steep to be safe. He also noted the high acci - dent rate at TH 101 and Duck Lake Trail . Dietz said the Highway Departi ---nt had reviewed the connection out of the proposed area onto TH 101 and had approved it. Stan Riegert, 6611 Lochanburn Road , said there is no need for the Lochan- burn connection solely for medical and public safety calls . Bob Mavis , 6620 Lochanburn Road , asked the City Council to reconsider its decision regarding the Lochanburn connection. He said he would like to have the neighborhood remain as it is ; there is no real purpose in grid streets. Redpath asked what type of improvement would be necessary on Lochanburn to eliminate the grade. City Manager Jullie said if the connection is going to be made, a portion of the cul -de-sac would have *o be reconstructed to flatten out the grade; no in-depth study has been made yet. Bentley asked if this would be done at City expense. Jullie said a portion of that cost might be absorbed. Bentley said he was not convinced that there is an over- ridina need for this connection . He said he would not vote "no" on the project because he felt the project itself is a worthy one. City C-,jnci 1 1'i nutes -12- August 16 , 1983 Penzel said the City has taken the position over the past three or more years that neighborhoods should be connected for reasons of access and public safety. He said he felt the Council position of two accesses again should be sustained. Tangen said the new plat does address the through traffic issue and is an improvement over what was originally planned and he would support the proposal . Redpath said he thought it was a good project. Anderson said he had indicated support at previous meetings and would continue to support the project. MOTION: Tangen moved, seconded by Anderson, to give 2nd Reading to Ordinance No. 22-83, zoning from Rural to R1-9.5, R1-13. 5, and R1-22. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to approve the Developer' s Agreement including the park acquisition and Dell Road commitments. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to adopt Resolution No. 83-167, approving the Summary of Ordinance No. 22-83. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to approve the revised preliminary plat, dated August 15, 1983. Motion carried unanimously. Riegert asked what would happen to the property on the sides of the present Lochanburn cul-de-sac when the road is connected. Penzel said the property would be returned to the adjacent property owners. Jullie said more information would be available prior to final plat approval . B. 2nd_ !leading of _Ordinance No_ 26-83,_ Zoning from Rural_ to 1_2 Park , Approval of Developer's Agreement PUD 7-83_for City West Business Center by Ryan Canstruetion , and fidoktion o_fTResolution No. 83-181 , Approv_i ng Summary of Ordinance No. 26-83, and Orderin.q the Publication of said Summiar_yy far City West Business Center. Location: - approximately 14.05 acres at Shady Oak Road and City West Parkway. Penzel noted there had been some major unresolved issues dealing with this proposal . Director of Planning Enger said he would feel more com- fortable with buildings which have physical limitations to them rather than buildings with percentages of type of use. Redpath asked about the screening of the Steelman property. Al Schackman, representing Ryan Construction , said he had met with the Steelmans and an agreement had been reached; a formal agreement will be signed soon. He said he will be meeting with the others in the near future and he felt agreements could be reached with them also. rkz, m, x ;Isu City Council '•'•i nutes -13- August 16, 1983 Jerry Steelman, 6601 Gc.1den Ridge Road , said he hoped the issue had been resolved and the Qyrcei---i ant could be signed soon. MOTION: Bentley moved, seconded by. Anderson , to give 2nd Reading to Ordinance No. 26-83, zoning from Rural to I -2 Park. Motion carried unanimously. MOTION: Bentley moved , seconded by Anderson , to approve the Developer' s Agreement. Motion carried unanimously. MOTION: Anderson moved , seconded by Tangen , to adopt Resolution No. 83-181 , approving Suw,imary of Ordinance No. 26-83. Motion carried unanimously. C. Final Plat Approval for City lest (Resolution No. 83-197 ) Director of Public 1tiorks Dietz referred to a merjorandum dated August 9, 1983, regarding the final plat (revised) . MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-197, approving the final plat for City West . Motion carried unanimously. D. Resolution No 83,191 , comrnentin_g__on the _improvement of C .I.A.H. 18 as a 494 south to _Highway 13 tl3 nor Arterial Roadway from I -_ _ _ h_ _ _ Fritz Rahr, Bloomingtcn , member of the Izaak Walton League and Southwest Area Citizen' s Alliance, spoke against the proposed Resolution. Rahr said he felt pressure had been placed on Eden Prairie to drop its oppo- sition to County Road 18. He said he did not feel the scoping report and the envi ronsiental impact statecrrent have made complete studies of the issue. He said one point which had not been looked at and which is going to be proposed is putting the approaches to the Bloomington Ferry Bridge on pilings t.:hich would keep the bridge open during periods of high water. MOTION: Bentley moved, seconded by Redpath , to continue the meeting beyond the 11: 30 p.m. time limit. Motion carried unanimously. Penzel noted the Resolution supports the City ' s position which as always been to support "Unique System D. " Rahr said his concern was now with the fact that CSAH 18 would intersect with the Shakopee by-pass which would mean it would have more traffic on it than had been previously indicated . This would mean more truck traffic which would be detrimental not only to the residents but to the wildlife in the river area. Planning Director Enger noted the contemplated timing the City has based its position on is the contemplated construction of 212 which would then be followed by the improvements to C . S .A.H. 18 as a Minor Arterial . The bridge across the River would match the Minor Arterial roadway. Rahr said traffic counts don' t justify a major bridge across the river in the C.S.A.H. 18 corridor. City Council Minutes - 14- August 16 , 1983 Bentley said he understood the Army Corps of Engineers would not accept building a bridge on pilings as Rahr had suggested earlier. Rahr said ` river navigation is not a problem these days . He -eviewed use of the channel and noted another 6-year permit has been •_:;.plied for. He said he felt the Resolution which had been adopted by the Council in March would be adequate; the proposed Resolution, he felt , represents a 360 degree turn from that position. Bentley said he has been under no pressure to do ar, thing and did not like the implications Rahr had made. He said his r jor concern has been what would happen to Anderson Lakes . He said he rc: 1 -i zes that County Road 18 must be improved to a four-lane road in the very -scar future. This roust be done "at grade" and with as little damage t tine environment as is possible. Redpath said he felt this Resolution does address th-, corridor D ques- tion. Tangen recnnmiended deleting paragraph 2 of the draft Resolution. MOTION: Tangen moved, seconded by Anderson, to adopt Rf,solution No. 83-191 , con-imenting on the improvement of C.S.A. H. 18 :.s a Minor Arterial Roadway from 10494 south to Highway 13 as amended. Ni_;tion carried unanimously. RLPORTS OF OFFICERS, BOARDS 8 COMMISSIONS A. Reports of Council Members Redpath_ noted there are 937 prints of the Grill House available for sale. He said he thought the Restoration Committee was to have sold these. Redpath said the Eden Prairie Foundation has attempted to sell them and indicated the Suburban National Bank is including information regarding the print in a current ad campaign. He said he would like to have members of the Restoration Committee meet with the Council to discuss its plans and to relate what it has done to date to raise money for the restoration of the Cummins-Grill House. B. Report of City Manager City Manager Jullie indicated the lease on the Prairie Village Mall will soon be up. Finance Director Frane asked authorization to negotiate a new lease. MOTION: Redpath moved, seconded by Anderson , to authorize Staff to negotiate a new lease for the Prairie Village Mall Liquor Store. Motion carried unanimously. City Manager Jullie stated he had received a letter today from City Assessor Bob Martz in which Martz said he intended to retire effective March 1984. CityAugust 16 .Council Minutes j D-port of City Attorney_ There i,.-a s no report. re,)ort of Director of Coi-rimunity Services 1. 5i rch Jsland Park Expansion 14011014: Sentl ey i-ioved, seconded by Anderson, to approve the Birch Island lark .-,>,,pansion as per Director of Community Services Lambert' s memorandum (.`ated Aijoust 9, 1983. Roll call vote: Anderson , Bentley, Redpath , Tangen and Pc.-,nzel voted "aye. " Motion carried unanimously. 2. Lease Agreement for Camp for Retarded_Citizens MOTION: 'Inderson -,i)ovedtt secocrided by Bentley, to approve the proposal regarding the lease agreewent for the camp for retarded citizens at Birch Island Park as outlined in Director of Community Services Lari-,hert ' s m,ei-ocirandam of August, 9, 1983 , including the provision for a 20-year lease arrancement. Motion carried unanimously. 3. HIannepin County Park Reserve District Public Hearings Director of Coii-a;iunity Services Lambert spoke to his memorandum of August 10, 1983, in which he addressed the issue. He noted the City of Minne- apolis is looking to the County for operating funds for some of the City parks saying they are actually reogional parks. The coricensus of the Council was that the City of Eden Prairie also has parks which are used on a regional basis but which are under the control of the C-: ty. `10T ION: Anderson moved , seconded by Redpath, to direct Staff to Graft a letter expressing the concerns of the City as well as the fact that the City of Eden Prairie feels, that any funds directed to operating a park should also mean that park would be managed by the County. "Motion carried unanimously. E. Report of Planning Director There was no report. Report of Director of Public Works 1. Award contract for Shad Oak Utilities , I .G. 52-049 (Resolution No. 8'�- Z46) Y -- - - — --- . - � .. -- - —111. — -. , I MOIJON: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-196, awarding the contract for Shady Oak Utilities , 1 ,C. 52-049. Roll call vote : Anderson , Bentley, Redpath, Tangen and Penzel votec, "aye. " Motion carried unanimously. Y. NEW BUSINESS -1here was none. ',DJOU'R.NMENT :10TION: Redpath moved , seconded by Tangen , to adjourn the a,eeting at 12: 10 a .m. Motion carried unanimously.