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City Council - 02/17/1987 xz APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , FEBRUARY 17, 1987 7: 35 PM. SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris , and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J . Jullie , Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly. Finance Director John D. Frane , Planning Director Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ~ The following items were added to the Agendas III . I . MITCHELL ESTATES by Ray Mitchell ; X . A . 1 . Anderson - Set 5 a Special Meeting to discuss sidewalks, trails and pathways ; X . A . 2 . Pideock Offer rom Henne in Vo Tech regarding the Holasek House MOTION: Pidcock moved, seconded by Harris, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. II . MINUTES A . City Council meeting held Tuesday, January 20 1987 (con- tinued from February 17P 19 7 MOTION: Harris moved , seconded by Pidcock, to approve the Minutes of the regular City Council meeting held Tuesday. January 20, 1987, as published . Motion carried unanimously . B . City Council meeting held Tuesday, February 3, 1987 MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the regular City Coursc;il meeting held Tuesday, February 3, 1987, as published . Motion carried unanimously . z 1 _I j A v City Council Minutes -2- February 17 , 1.987 y III . CONSENT CALENDAR A . Clerk ' s License List B . 2nd Reading of Ordinance No . 4-87 pertaining to Human R�hts & services Commission C . Resolution No . 87-36 Appointment of Election. Judges for the March 19th Referendum D . Resolution No . 87-47 Appointing; Members of the Housing & Redevelopment Authority E . Final Plat Approval for Coachman's Landin th Addition Villa a Wood: Drive Resolution No . 7-39 F. Final Plat Approval for Eaton Addition Division of Eaton Corporation) Resolution No . 7- 0 G. Authorize conveyance of City property to Mn DOT for con- struction of TH SW corner of TH 5 and Mitchell Road Resolution No . 87-38 H . Resolution No . 87 37 Amending Resolution No . 86-277, Authorizing the Acquisition of Tax Forfeited Land for Public Right-of-way and_ Approvin Pa -c e s for Pub— 1 c Auction I . MITCHELL ESTATES , by Ray Mitchell . 2nd Reading of Ordi- nance No .3-87, Rezoning from Rural to R1-13 .5 ; Adoption of Resolution 87-48, Authorizing Summary of Ordinance 3-87 and Ordering Publication of Said Summary . 1 .04 acres into two single family lots . Location: Southeast quadrant of Scenic Heights Road and Hiawatha Averue (Ordinance #3-87 Rezoning; Resolution #87-48, Authorizing Summary and Pub- lication) MOTION: Pidcock moved, seconded by Anderson, to approve Items A - I on the Consent Calendar. Motion carried unani- mously . IV . PUBLIC HEARINGS A . SUBURBAN NATIONAL BAMVPRESERVE MEDICAL .BUILDING, by Supplee ' s 7-Hi Enterprises, Inc . Request for Comprehen- sive Guide Plan Change from Low Density Residential to Office on 1 .09 acres, Zoning District Change from Rural to Office on 1 .09 acres with variances to be reviewed by r the Board of Appeals and Preliminary Plat of 1 .09 acres into one lot for the construction of a two-story office building. Location: South of Anderson Lakes Parkway, Y ("ity Council Minutes -3- February 17 , 1987 x west of County Road 18 . (A continued Public Hearing from January 20 , 1987 ) City Manager Jullie said this item was continued at the last Planning Commission meeting so Staff recommends it be continued to the March 17th Council meeting. MOTION: Harris moved , seconded by Pidcock, to continue this item to the March 17, 1987 meeting of the City Council. . Motion carried unanimously. i B . Vacation of sections of Franlo and Bluff Road through the Bluffs East 4th Addition Resolution No . 7- 1 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . He said the plat of the Bluffs East 4th Addition showed new alignments for Franlo and Bluff Roads and that the current roadways would be vacated subject to a temporary easement so the City could retain transporta- tion on the roadways until the new streets are constructed . Anderson asked if there was any disagreement from surrounding property owners . Director of Public Works Dietz pointed out the locations of the current alignment and the proposed alignment and the terms under which the temporary easement will be provided . There were no comments from the audience . MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt. Resolution No. 87-41 , Vacation of Right-of-Way for Franlo Road and Bluff Road in Sections 25 and 36 . Motion carried unanimously. C . CARDINAL CREEK 6TH, by New American Homes Corporation . Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 31 .2 acres, Zoning District Change from Rural to R1-13 .5 on 31 .2 acres, and Preliminary Plat of 39 .5 acres into S9 single family lots, three outlots , and road right-of-way. Location: North of Cardinal Creek Road, west of I-494. (Resolution No . 87-44 - Comprehensive Guide Plan Amendment ; Ordinance No . 6-87 - Rezoning; and Resolution No. 87-45 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . "^' Ron Krueger, representing proponent, addressed the proposal . s' City Council Minutes -4- February 17 , 1987 M Planning Director Enger said the Planning Commission re- viewed this item at the January 26thmeeting and at the February 9th meeting. He said they .recommended approval on a 7-0 vote , subject to the recommendations of the Staff Report of January 23rd , and with three additional items: realignment of the access road to Baker Road in order to preserve the trees on the property to the west ; establish- ment of a construction road so that construction traffic will not disturb the existing neighborhood; and that Staff look into the continuation of Cardinal Creek Road as to how it would be named for public safety purposes. a Enger said Staff has worked with Public Safety on the street naming question and they now recommend that Stone- wood Court be continued rather than Cardinal Creek: Road . He said proponents have worked to accommodate a change to allow an exit to the west . Staff also recommended a five- foot wide concrete sidewalk be constructed along the north and east side of Stonewood Court through the subdivision. Enger said Staff recommended that if proponent does not provide access to Baker Road, the development of the prop- erty would not go forward until such access is provided . Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote, per the recommendations of the Planning Commission and Staff Reports of January 23 and January 29, 1987 . He said the majority of the concern at the meeting revolved around the realignment of the road . t Lambert said that, subsequent to the Parks Commission meet- ing, Staff discussed recommending that the developer grade a trail along the north side of the creek and sign it so that it could become a mowed grass trail for public use . He said this trail could ultimately lead to a future side- walk on the east side of Baker Road and down to the side- walk to the south along Cardinal Creek Road . i Bentley asked Director of Public Works Dietz if it was correct that the waterlines in Cardinal Creek are not currently looped . Dietz said that was correct . Bentley then noted that this would accomplish the loop. Noting that the homes on the southern portion of the proj- ect are being platted into the floodplain area, Bentley asked how much fill will be required, how difficult will it be, and what the impact is to the homes in the flood- plain. Enger responded that there is a relatively small I ryJ J City Council Minutes -5- February 17 , 1987 area of encroachment into the floodplain, probably only 113 acre . Enger said they would want proponent to provide :oil information on those lots but this doesn't look nearly as difficult as other areas . Peterson noted the reference in the Staff Report of Janu- ary 23rd to a noise impact analysis for the site that indicated several of the lots were exposed to higher than acceptable levels of noise from Hwy . 494. He asked if we assume the builder will take the measures recommended in the memo to reduce the noise levels or are there ways we might want to require that those houses be properly con- structed . Enger replied that those particular lots will be f lagged and Staff will make an extra check on them; however, normal construction provided with the energy code is sufficient to meet the sound standards within the homes . Anderson asked Director of Public Works Dietz if he antici- pated any problems with steep grades on the road . Dietz said the road grades will meet the 8% maximum road grade . Anderson asked if there will be any grading on the top of $ the highest hill . Enger replied that the highest elevation on the property occurs where the electrical tower is shown on the map and said that particular hill will be changed in shape but the high point will not be altered . He also said that the high point on the northwest portion of the property will not be altered . Anderson noted that this parcel of land is highly visible to the entire neighborhood and asked if the development of this property will have any bearing on how the property to the west is developed . Enger said it will have a bearing on two properties, the Miller property and the Griffith property, and he described the terrain on those two proper- ties . 4 Anderson then asked about the location of the two outlots to be given to the City and asked if it will be possible to get from one to the other. Lambert pointed out the out- lots on the map of the project and said that he wasn't sure there would be a reason to get to one of the outlots as it has never been proposed by the City to obtain that parcel for a park or any other public use . He said it is being proposed by the developer as a conservation piece and that he would not recommend putting a sidewalk between two houses in order to get to the parcel . A discussion followed as to the purpose of having the outlot and by what means it could be accessed . N. Ci.ty Council Minutes -6- February 17 , 1987 Art Roberts , 13543 Woodmere Circle , said he was the Vice President of the Homeowners Association and that he was essentially pleased with this project . He said he was not clear about the plan for construction traffic and whether Cardinal Creek Road would be blocked off to access from the construction area. Krueger responded that they have always planned to barricade the existing end of Cardinal Creek Road so construction traffic will not use that street . Peterson asked for clarification of when the barricade will go up and when it will come down. Krueger responded that they plan to remove it when the first home is com- pleted and occupied so that p public services will be avail- able and that at that time they should be at a point where the grading is completed . Mr. Roberts then noted that part of the City Code says the proposed name of a subdivision shall not be alike or dupli- cate the name of any other subdivision; therefore , he ques- tioned why the project is still being referred to as "Cardinal Creek 6th Addition" when proponent had agreed to call it "Cardinal Hills" . Enger said it would not be a problem to change the name on the legal descriptions of the property a this time . Floyd Siefferman, 6997 Edg ebrook Place said that he was part of the committee to see the zoning of this property through to completion and that he is very pleased with the project . He reviewed the list of concerns presented by the Cardinal Creek Homeowners Association regarding this property . Robert Swigart , 131.84 Cardinal Creek Road, said he felt the City and the residents have been well served by the process that has gone on over the last two years . He then asked .for a clarification of the access out to Baker Road . Krueger explained that their previous plan to use their x own property for access required removing several large oak trees : therefore , they got into negotiations with the adjacent landowners and have an access easement to the property from Baker Road at this time . He noted that the property on the west has been submitted to the City for approval . Swigart said that if a permanent access road cannot be arranged, then the whole project becomes the extension of a cul-de-sac . For that reason he said he would like to see the resolution of the permanent access to the property in the 'next couple of weeks . Krueger said that he felt this q depends upon the approval of the project to the west . Swigart also expressed concern about a large grove of trees in the project and said he would like to see them saved if possible . City Council Minutes -7- February 17 , 1987 9 Anderson noted that this project is a much improved agree- ment as it has moved the development away from the moraine that provides character to the area . Dietz said he was concerned that the recommendation from Staff regarding a commitment on how the access road would be constructed had not been fulfilled . Peterson asked the proponents if it was their understanding that Council approval tonight would be contingent upon the approval of the plat to the west . Frank Kramer, representing proponent, said that he wasn't aware that approval would be contingent upon final arrange- ments for the access road . He said they are working with the adjacent property owners and that they plan to complete the arrangements as soon as the land to the north is platted . He expressed concern with the proposed T intersection at Cardinal Creek Road and Stonewood Court as that would re- quire their acquiring a lot at about $75,000 in addition to the expense of acquiring the additional land for the access road . He said all the extra expense may make the whole development improbable . Peterson noted his appreciation for the work done and their ,.. coordination with the residents of Cardinal Creek, but also noted that the alteration of the road alignment was a contingency on the previous two or three proposals for this parcel . Kramer said he thought that contingency was for the previous proposals only since those were multi-family proposals . Bentley said proponent should have been aware of the Staff Report of January 23 , 1987, which contains the following l recommendation: "7 . If the proponent does not come up with an accep- table alternative for road access to Baker Road, or is not able to provide access through the Miller parcel, or the City is not willing to condemn property for road access, the development of this property would not go forward until such a time as access were extended in from Baker Road . " Bentley said he therefore believes this project cannot go forward unless we know there will be a road there when people move in. Kramer said they would be willing to work with S Staff on the access road but they have a problem with ac- quiring the additional lot for the proposed .T intersection. Bentley asked if there was some reason why the T designa- tion won't work . Enger replied that it was determined a M1 City. Council Minutes -8- February 17 , 1987 year ago that it would work and there have been no changes since then. Enger said the underlying ownership is in the Marsh properties . Bentley asked if the T designation was included in the Staff Report of January 23rd . Enger said Staff had highlighted all of the outstanding issues from the previous development proposals when this developer first came in . He said the Planning Commission asked Staff to work with Public Safety in order to determine what should be done about the T inter- section, and that Staff then determined the original con- tingency for a T intersection should remain . Dietz noted that the lot at that intersection will still be marketable after the designation even though the configuration of the lot will be changed . Oscar Miller, 6521 Baker Road , said he had talked with proponents and others regarding this situation. He said that, while they have nothing in writing, he sees no reason why they can' t come to an agreement . Bentley said he thought the two basic issues at this point seem to be the question of the T intersection to the south and the access out to the west and that both could be dealt with in terms of 'contingencies on 2nd Reading. He said he thought there might be justification for not having direct x public access to the outlot on the south and east as there appears to be no purpose for that access . Pidcock asked if there would be any liability if there is no public access to that outlot . City Attorney Pauly said he felt the liability would be diminished because there would be no public access provided . Anderson noted that the people on Topview Acres have access to the floodplain from the other side , so there is public land and public access to the other side . Lambert said he had just noticed that there is an access off Cardinal Creek Road as part of the Edgebrook Court subdivision that would provide access further south to the City property. a Bentley said the redesignation to Cardinal Hills is more of a legal matter and is a question of redesignating the name of the project . Jullie noted that when the final plat comes through, the name of the subdivision becomes part of the permanent record, so it would be important to change it on the final documents . MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No . 8?-44, amending the Comprehensive Guide Plan. Motion carried unanimously. ,Y City Council Minutes -9- February 17, 1987 MOTION: Pidcock moved, seconded by Bentley, to give 1st Reading of Ordinance No . 6-87, rezoning from Rural to R1 -13 .5 on 31 .2 acres . Motion carried unanimously . MOTION: Pidcock moved, seconded by Bentley, to adopt Reso- lution No . 87-45 , approving the Preliminary Plat of Cardinal Hills (A/K/A Cardinal Creek 6th) for New American Homes Corporation. Motion carried unanimously . MOTION: Pidcock moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and with the under- standing that 2nd Reading will be contingent upon the pro- ; vision for final access from Baker Road on the west and satisfactory resolution of the issue concerning the T intersection_ on the south . Motion carried unanimously. MOTION: Anderson moved , seconded by Pidcock, to recon- sider the previous motion. Motion carried with Bentley opposed . Anderson said he thought the question of the trail by the floodplain was not clear. Lambert explained the access. available to that area. MOTION: Bentley moved, seconded by Pidcock, to close the discussion and to vote on the reconsidered motion. Motion carried unanimously . D . EDENVALE 21ST ADDITION by Breco Corporation. Request for Zoning District Change from Rural to R1-9.5 on 5 .52 acres with Preliminary Platting of 7 .34 acres into 18 single family lots, one outiot , and road right-of-way. Location: I South and east of Edenvale Boulevard , west of Woodland Drive (Ordinance No . 7-87 - Rezoning; Resolution No . 87-46 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project f' vicinity had been notified . s i K . E . Schumacher, representing proponent , addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the January 26th meeting and recommended approval on a. 6-0 vote for rezoning from Rural to R1-9 .5 for 5 .52 acres and for Preliminary Plat of 7 .34 acres into 18 single family lots and one outlot , subject to the recommenda- tions of the Staff Report of January 23, 1987. City Council. Minutes -10- February 17 , 1987 Enger said the Staff Report recommended that , prior to building permit issuance, proponent should submit an archi- tectural plan under which no two units should be alike side by side , opposite or diagonally across from each other; the proposed grading limits be staked with a snow fence ; all 2 .5 to 1 slopes shall be sodded, staked and protected with snow fencing immediately after grading and that the pond be dedicated to the City . He said the report also recommended construction of a five-foot wide concrete sidewalk along Woodland Drive . Director of Community Services Lambert said the Parks, Recre- ation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Planning Commis- sion and the Staff Reports of January 23rd and January 29th . He said the primary discussion concerned the sidewalk issue . Lambert said a petition for the sidewalk was received last fall and a Feasibility Study is in process for the sidewalk . He said Mr. Dietz and he have looked at the possibilities for a sidewalk along Woodland Drive and he feels the best location for one is on the west side of the street, although there are some difficult areas on which to build one . He described the areas of difficulty and the possible solutions for construction in those areas . He said he would recommend r that the developer be required to bond for the sidewalk along the entire length of the project so the money is available if it is decided to put one in . Pidcock asked who is doing the Feasibility Study and how long it normally takes. Director of Public Works Dietz said he is doing the study and the problem is trying to figure out how to levy the assessments . At this point Mayor Peterson passed the chair to Council member Bentley. Harris asked if the entire sidewalk is included in the study. Dietz said the entire length will be included . Anderson said he agreed with Mr. Lambert that bonding for the sidewalk should be required so that the money is avail- able after the Feasibility Study is complete and decisions have been made on other sidewalks in the City. He said he thought the volume of traffic should be considered in the decision as to whether or not there should be a sidewalk constructed . Lambert said the City has never set any guide- lines for where sidewalks are warranted . City Council Minutes -11 - February 17 , 1987 Gary Johnson, 15020 Ironwood Court , said he is pleased with the subdivision itself and with the way it saves the contours of the land . He said he was concerned about the sidewalk and presented a petition he said property owners adjacent to the proposed sidewalk had signed that asks the City to deny the request for construction of a sidewalk along Woodland Drive . (Attachment A ) Enger said the suggestion for a sidewalk did not come entire- ' ly from Staff but rather was brought up at development re- view as a concern regarding the traffic on Woodland Drive and the safety of the many children along this street . } At this point Mayor Peterson resumed the chair. Jeff Miller, 15195 Ironwood Court, said he would question the desirability of running the waterline between two homes. He said he thought the higher speed traffic occurred on the southern section of Woodland and that he would suggest considering a sidewalk on the southern portion of Woodland Drive . He also asked about the lot prices and how they com- pare with the lots on Ironwood . t d Mr . Schumacher responded that the lot sizes are very similar and will probably be priced around $40,000 . He said they anticipate the lots will be marketed to custom home builders . Pidcock commented that , generally speaking, a lot is about 25% of the total cost of a package . Dave Anderson, 15040 Ironwood Court , asked about the sewer and the retaining wall . Mr. Schumacher pointed out the location of the sewer and said the retaining wall would pertain to the sidewalk construction if it occurs. Mr. Johnson noted that the concerns regarding traffic may have come from consideration of the townhouse development previously proposed . Jim Kesler, 6941 Raven Court , said he would prefer to see the project be a little less dense so that it would blend in with the property immediately to the south . Bentley commented that the density of this project is 2 .5 per acre compared to the approved PUD density of 5 .8 per acre and that it compares very favorably to other developments such as Linden Ponds . Bentley asked how critical the looping of the water main is. Dietz said he believes it is not a significant issue for this project and that he thought it could dead end . City Council Minutes -12- February 17, 1987 MOTION: Anderson moved , seconded by Pideock, to close the Public Hearing and to give 1st Reading of Ordinance No . 7-87 for Rezoning from Rural to RI-9 .5 on 5 .52 acres . Motion carried unanimously. MOTION: Anderson moved, seconded by Harris , to adopt Resolution No . 87-46, approving the Preliminary Plat of Edenvale 21st Addition for Brec o Corporation. Motion carried unanimously . MOTION: Anderson moved, seconded by Harris , to direct Staff to prepare a Developer' s Agreement incorporating Commission and Staff recommendations with the exception that the water main will not be required to loop back to Woodland Drive and with the requirement that bond be posted until July 1 , 1987, for the construction of a sidewalk along Woodland Drive , pending the recommendations of further study by Council and Staff on the subject of sidewalks . Motion ` carried unanimously. V . PAYMENT OF CIAIMS NOS . 32759 - 33028 Bentley asked about Item No . 32861 to Braun Eng. Testing Inc . for service . Director of Public Works Dietz said this was for .. testing done on Olympic Hills golf course because the dyke be- tween the golf course and Neill Lake has failed . He said con- struction has begun on that . Bentley asked if it is a City project Dietz said it is . MOTION: Harris moved seconded b Anderson to approve the Y � PP Payment of Claims Nos . 32759 33028 . Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye . " Motion carried unanimously. V I . ORDINANCES & RESOLUTIONS A . 1st Reading of Ordinance No . 8-87 Amending See . 5 .20 of the City Code Regarding Amusement Centers City Attorney Pauly noted Mr . Frane ' s memo of February loth outlining the reasons for the proposed amendment . He said the licensing of mechanical amusement devices will be con- t inued . MOTION: Anderson moved, seconded by Harris, to give 1st { Reading of Ordinance No . 8-87 Amending Sec . 5 .30 of the City Code Regarding Amusement Centers . Motion carried unanimously. r VII . PETITIONS, REQUESTS & COMMUNICATIONS i r City Council Minutes -13- February 17, 1987 A . Request for Funding far Architectural Assistance from the a f Residents Advisory Committee on City Administrative Offices Marty Jessen of the Executive Committee for the group re- viewed the work done to date by the Citizens Committee . He said two of the subcommittees need technical and archi- tectural advice in order to make good recommendations . He said the cost for such consultation might be in the range of $3-4,000 . He also noted he believes the community is being very well served by the members of this committee and by the help they have received from the Staff. MOTION: Bentley moved , seconded by Anderson, to authorize the expenditure of up to $5, 000 for architectural and techni- cal advice to the Residents Advisory. Committee on City Administrative Offices . Pidcock asked if it would be possible to get bids for such services or would that make it more difficult . Jessen said it would complicate the proceedings for the Committee and would probably not be an appropriate function for the Committee . VOTE ON THE MOTION: Motion carried unanimously . VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . } IX . APPOINTMENTS A . Appointment of Council Representative to the Southwest Corridor Coalition Mayor Peterson referred to the letter from Richard Feerick dated February 9, 1987, and said that he would be willing to serve on the Southwest Corridor Coalition. Pidcock said that she would also be willing to serve . Anderson asked if it would be possible to have one official and one alternate representative as he believed if there are Councilmembers willing to serve, they should have the � opportunity to do so . Peterson said that would be possible . MOTION: Bentley moved, seconded by Anderson, to appoint Mayor Peterson as the Council representative to the South- west Corridor Coalition and to appoint Councilmember Pidcock as alternate representative. Motion carried unanimously. Harris asked what the representation is to the group and if each jurisdiction has one vote . A discussion of the r z a City Council Minutes -24- February 17, 1987 coalition ' s composition followed . Bentley noted that they are currently working on a joint powers agreement . Anderson asked if it would be possible to have two repre- sentatives . Bentley said when it becomes more formal , we will have to reappoint a representative in the specific joint powers group. B . A ointment of two members to the Firemen' s Relief Associa- tion Peterson said they were originally informed that the Mayor and the City Clerk were to be appointed to the Firemen' s Relief Association, but since then there has been some uncertainty . He said he would recommend continuing this appointment until further information is available . MOTION: Bentley moved, seconded by Harris , to continue this appointment until Mr. Frane has received the informa- tion necessary to determine the appointment . Motion carried unanimously. Pidcock said she would like to make sure that this item will return to the Council for the appointment process . Peterson assured her it will return to the Council . C . Board of Appeals & Ag.Justments - 2 Appointments (three- year terms commencing March 1 , 1987) s The following names were placed in nomination: Steve Long- X man, Richard Lynch and Dwight Harvey. Peterson noted that Richard Lynch has served two full terms and therefore must receive 5 votes to be elected; whereas others must receive a minimum of 3 votes for election . Voting for Longman were : Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Lynch were: Anderson, Bentley and Peterson. Voting for Harvey were: Harris and Pidcock . Steve Longman was appointed to a three-year term on the Board of Appeals & Adjustments commencing March 1 , 1987. A second ballot was taken for the remaining position. Voting for Lynch were: Anderson and Peterson. Voting for Harvey were: Bentley, Harris and Pidcock . Y Dwight Harvey was appointed to a three-year term on the Board of Appeals & Adjustments commencing March 1 , 1987. a w. City Council Minutes -15- February 17 , 1987 D . Building Code Board of Appeals - 2 Appointments (1 for a three-year term commencing March 1 , 1987 , and 1 to fill an unexpired term to 2./28/88) The names of Brian Cluts and Mike Zachman were placed in nomination. MOTION: Bentley moved, seconded by Harris , to close the nominations and to cast a unanimous ballot for the appoint- ment of Brian Cluts for a three-year term commencing March 1 , 1987, and Mike Zachman for the unexpired term on the Building Code Board of Appeals . Moticn carried unanimously . E. Development Commission - 4 Appointments (2 for three-year terms commencing March 1 , 1987. 1 to fill an unex fired term to 2/28/88, and 1 to fill an unexpired term to 2/28/89) Ben+ley said he thought it seems redundant for us to be making appointments at this time since we have not yet come to any conclusions as to what the future of the Develop- ment Commission will be . MOTION: Bentley moved, seconded by Anderson, to continue this appointment until a decision is made as to the future of the Development Commission. Pidcock said she thought it would be poor judgment to con- tinue this without a definite date to reconsider the appoint- ments because we asked the people to come in for inter- views . Peterson said he thought setting a time would force us to determine what should be done . VOTE ON THE MOTION: Motion carried unanimously. MOTION: Harris moved , seconded by Pidcock, to set a Special Meeting for 3: 00 PM on March 24th in the City Hall lunchroom for the purpose of considering the future of the Development Commission and the appointments to that commission. Motion carried unanimously. F. Flyind Cloud Airport Advisory Commission of Eden Prairie- Appointments: 2 Resident Representatives 1 for a three- year term commencing March 1 , 1987 and 1 to fill an unex- pired term to 2/28/88 ) , 1 Flying Cloud Businessmen' s Repre- sentative (three-year term commencing March 1 , 1987) , and 1 Metropolitan Airports Commission Representative (three- year term commencing March 1 , 1987) The names of John P. Dow, Robert Perkins and Gary Schmidt were placed in nomination for three year terms . The names of Dave Barker and Dennis Larson were placed in nomination for the unexpired term. F i City Council Minutes -16- February 17 , 1987 Voting for Dow were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Perkins were: Anderson, Bentley, Harris, Pidcock- and Peterson. Voting for Schmidt were : Anderson, Bentley, Harris , Pidcock and Peterson. Voting for Barker were : Harris and Pidcock. Voting for Larson were: Anderson, Bentley and Peterson. John P. Dow, Robert Perkins and Gary Schmidt were appointed to three-year terms commencing March 1 , 1987 and Dennis Larson was appointed to fill the unexpired term on the Flying Cloud Airport Advisory Commission of Eden Prairie . G . Historical & Cultural Commission - 2 Appointments (two- year terms commencing March 1 . 987) The name of Richard Schuette was placed in nomination. Because only Mr. Schuette indicated interest in the Histori- cal & Cultural Commission, Peterson said he would include a paragraph in the letter he sends out to those who were not appointed to commissions that one of them might wish to be considered for the Historical & Cultural Commission. MOTION: Anderson moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appoint- ment of Richard Schuette to the Historical & Cultural Com- mission for a three-year term commencing March 1 . 1987 . Motion carried unanimously. H . Human Rights & Services Commission - 4 Appointments (3 for commencing terms comencing March 1 , 1987, and 1 for a one- year term expiring 2/28/88 ) The names of Leslie Thoreson, Kent Barker, Rod Olsen and Jacquelin Tornoe were placed in nomination for the three- year terms . The names of Jacquelin Tornoe , Rod Olsen and Thomas Howden were placed in nomination for the one-year term. Voting for the three-year terms: Voting for Thoreson were: Anderson. Bentley, Harris, Pidcock and Peterson. Voting for Barker were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Olsen were: Anderson, Bentley and Peterson. Voting for Tornoe were: Harris and Pidcock. Voting for the one-year terms City Council Minutes -17- February 17, 1987 Voting for Olsen were : Harris and Pidcock . Voting for Tornoe were: Anderson and Bentley . Voting for Howden was: Peterson. Leslie Thoreson, Kent Barker and Rod Olsen were appointed to three-year terms on the Human Rights &, Services Commis- sion commencing March 1 . 1987 . A second ballot was taken for the one-yea..- term. d Voting for Tornoe were: Anderson, Bentley, Harris and Pidcock . Voting; for Howden was: Peterson. Jacquelin Tornoe was appointed to the one-year term on the ' Human Rights & Services Commission expiring; 2/28/88 . I. Parks Recreation & Natural Resources Commission - 2 Appoint- ments three-year terms commencing March 1 , 19 7) The following names were placed in nomination: Morris "Moe" Cook , Lorrie Heimkes , Charles Shaw and Mary Upton. Voting for Cook were : Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Heimkes was: Harris . Voting for Shaw were: Anderson, Bentley and Peterson. Voting for Upton was: Pidcock. Morris "Moe" Cook and Charles Shaw were appointed to three- year terms on the Parks, Recreation & Natural Resources Commission commencing March 1 , 1987 . J . Planning; Commission - 2 Appointments (three-year terms commencing March 1 , 198 7 ) The following names were placed in nomination: Richard E. Anderson, Annette de Lancey, George "Chip" Tangen, and Douglas Fell . Voting for Anderson were: Anderson, Bentley, Harris, Pid- cock and Peterson. Voting for de Lancey was: Pidcock. Voting for Tangen were: Bentley and Peterson. Voting for Fell were: Anderson and Harris . Richard E . Anderson was appointed to a three-year term on the. Planning Commission commencing March 1 , 1987. A second ballot was taken for the remaining three-year term. City Council Minutes -18- February 17 , 2987 Voting for de Lancey was: Pidcock . Voting for Tangen were: Bentley and Peterson . Voting for Fell were: Anderson and Harris . A third ballot was taken. There were no votes for de Lancey. Voting for Tangen were: Bentley and Peterson. Voting for Fell were : Anderson, Harris and Pidcock . Douglas Fell was appointed to a three-year term on the Planning Commission commencing March 1 , 1987 . K. Bicentennial of the U. S . Constitution - 5 Appointments The following names were placed in nomination: Mark Weber, Jeanne Brandt , Thomas Howden and George "Chip" Tangen. MOTION: Anderson moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appoint- ment of Mark Weber, Jeanne Brandt , Thomas Howden and "Chip" Tangen to the Bicentennial of the U. S. Constitution Committee . Motion carried unanimously . X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS I A . Reports of Council Members 1 . Anderson - Set a Special Meeting to discuss sidewalks, trails and pathways Anderson said he thought it was important to have a special meeting to make some decisions regarding side- walks, trails and pathways and to take a look at alter- natives for the funding of trails . He said that the upcoming referendum will not take care of our needs . MOTION: Anderson moved, seconded by Pidcock, to set a Special Meeting to discuss sidewalks, trails and path- ways for Tuesday, March 10, 1987, at 3: 00 PM in the City Hall lunchroom. Motion carried unanimously. 2 . Pidcock - Offer from Hennepin Vo Tech regarding the Holasek House Pidcock said that Hennepin Vo Tech has indicated they would be delighted to build a basement for the Holasek House if they receive a formal request from us and if they would get recognition for it . She said they also . offered to do painting and decorating. She said they would provide the labor and the City would provide the materials . City Council Minutes -19- February 17, 1987 Bentley asked where it would be done . Pidcock said wherever we would choose to move the house . Anderson said he thought this would be an excellent opportunity to take an historical house and preserve it at as little cost as possible . Peterson said he would want to ask the Historical & Cultural Commission to study the cost for the total package including the cost of moving the house, the 3 land , etc . r Y Director of Community Services lembert said it did go back to the Historical & Cultural Commission and they have returned it . He said Staff got a quote from Ernst movers but they still don't have a location for it nor is there a positive recommendation from the Historical & Cultural Commission. Harris asked if we have land we could put it on. Lam- bert said that we have lots of land but he wasn't sure where it would be appropriate to locate it . Pidcock asked what the quote was to move it . Lambert said it would cost $20, 000 plus cost for wire drops, with a minimum total cost of $30-32, 000 for the move . MOTION: Harris moved, seconded by Pidcock, to thank the owner of the Holasek House for his generous offer but to tell him that the City is not in a position to accept the offer at this time . Motion carried unani- mously . Pidcock commented that she was amazed that we don' t use the services at Vo Tech for such projects . Lambert said we have used Vo Tech for other projects but he had never thought of using them for basement work. Peterson noted that the Environmental Resource Committee of the Met Council will meet at 4: 00 PM tomorrow and that a session will take place tomorrow noon at the Flagship to plan how the presentation will be made . City Attorney Pauly noted that the meeting is now scheduled for 3: 00 PM in the Metro Square Building. Anderson asked if we are going to be prepared to make certain statements as a City at the Met Council . Peter- son said that is what the session is for, and that he was not sure when it will come before the Met Council. Pauly said it is set for next week, either the 24th or 2Sth . _..,._ .. City Council Minutes -20- February 17 , 1987 City Manager Jullie said the issue is whether to pro- ceed with the supplemental E . I .S. , inasmuch as we have been informed that the Met Council staff will recommend that a supplemental E . I .S . not be done . Anderson asked Pauly if it was his feeling that we should continue with the E . I .S . Pauly said he thought we should continue to urge that the Met Council require a supplemental E . I .S. as it voted to do in August, 1986 . Anderson expressed concern with a newsletter from home- owners along the landfill that says the City Council has taken a soft stance on the landfill . He said we should make it known that we are not in favor of the landfill . Peterson said he thought all the indications are to the contrary and that people who followed the hearings know that our stance has never been soft . A discussion followed as to how the homeowners ' impres- sion of the Council stance originated and the best means of rebuttal by the Council . Bentley said he thought a letter from the Council over Mayor Peterson' s signature was in order to indicate our disagreement with what was stated and clearly stating ,. that that was not and is not the stance of this Council . B . Report of City Manager 1 . Discussion on Cost Participation in the Environmental Impact Statement Process for T .H. 212 City Manager Jullie said the Southwest Corridor Coali- tion is reviewing the potential to come up with the funds necessary for the E . I .S . on the completion of the Hwy. 212 extension. He said the preliminary indications are that the participation would be in the order of $30, 000 from each community and that MnDOT and the Met Council would share the balance of the cost . He said they are discussing spreading the payment over two or three years . Director of Public Works Dietz said the three communi- ties and two counties would each pay $30, 000. He said he had a draft of the proposed joint powers agreement , and there will be a meeting tomorrow afternoon to dis- cuss that agreement . j Bentley said he assumed that the joint powers agreement would come back to each council or each body for their input and approval before a final joint powers agreement goes into force . 1 r City Council Minutes -21 - February 17 , 1987 Bentley noted that the $300 , 000 figure for the E . I .S . seems to be fairly high considering the previous work done on this corridor. Dietz said this is an estimate prepared by MnDOT based on past experience with such studies . Bentley said one of his concerns was that MnDOT should have come forward with an offer first . He said he was concerned with cost overruns, particularly if the Met Council and MnDOT commit to paying a fixed amount for the study. Dietz said a provision was discussed that would set the maximum total local contribution at $150, 000 . i x Bentley said we probably have need of preparing an E.I .S . for the newly-designated corridor but he was not sure what the specific request is . MOTION: Pidcock moved, seconded by Harris, to state that is it the intention of the Eden Prairie City Council to participate in the funding for the E. I.S . of T .H . 212 . Motion carried with Anderson opposed . 2 . Orientation Process for New Board and Commission Members Pidcock asked if this would be a general orientation. City Manager Jullie referred to his memo of. February 13 , 1987 in which he suggested an educational/general j orientation session for Tuesday evening, March 10th . He said all Commission and Board members would be in- vited . � I 3 . Emergency Operating Plan City Manager Jullie reviewed his memo of February 13, 1987 regarding the Emergency Operating Plan and the effectiveness of the Plan during emergency situations . C . Report of City Attorney There was no report . D. Report of Director of Planning There was no report . E. Report of Director of Community Services 1 . Re nest Authorization to Complete the Homeward Hills Park Plan City Council Minutes -22- February 17, 1987 Director of Community Services Lambert referred to his memo of January 27th on the subject and said that several years ago the Council approved a plan for Homeward Hills Park . He said they have determined that the surcharge has done its work so that the road- way and the rest of the park can be developed . He requested authorization to get bids and proceed with the development of the park . MOTION: Anderson moved, seconded by Harris, to author- ize the completion 'of Homeward Hills Park, as recommended by the Parks Commission and Staff . Motion carried unanimously. 2 . Use of Alcohol in Parks Lambert said at its February 2nd meeting the Parks Commission reviewed a proposed concept to revise the ordinance to put some controls on the use of alcohol in some of the parks. He said they suggested that use of keg beer be limited to only those agencies obtaining a license to sell beer and that all other alcohol be limited to 3 .2 beer and wine only.. He said after dis- cussion with Public Safety and the City Attorney, Staff ., is suggesting it be limited to beer and wine only with restrictions on kegs . Anderson said he was concerned more with where and how drinking occurs in the parks . He said he saw no prob- lem with large groups or organizations who make advance reservations having kegs and would prefer that to bottle and can litter . He said we would have a pretty good handle on this by requiring that they sign up and pay a fee . Anderson expressed concern about people drinking in the parks at youth games . He said if we draft an ordinance , we have to be clear and specific as to where and how you can drink alcoholic beverages in the parks . Lambert said the current ordinance allows the Director of Community Services to designate areas that are off limits for alcohol use . He said he would like to have the new ordinance printed on the permits and that they are getting a backlog of requests . He said he felt the a . primary issue is the keg ordinance . MOTION: Bentley moved, seconded by Harris, to direct the City Attorney to draft an ordinance regarding the use of alcohol in the parks for review by the Parks Com- mission and the City Council . City Council Minutes -23- February 17, 1987 f a Lambert asked if the ordinance should include extend- ing the use of keg beer to anyone getting a permit to use the parks and if there should be any controls on glass containers . He said the primary problems occur with broken glass in the parking lots and in the spring with kids having parties . t Anderson said the use by young kids is a violation of the law but he had questions regarding restricting glass. He said he thought we should try to enforce no littering in the parks . VOTE ON THE MOTION: Motion carried unanimously. Naming 3 . Officially Na ng Parks Lambert referred to his memos of February 12, 1987 and December 11 , 1986 regarding officially naming parks . He said there are several that were given temporary names . MOTION: Bentley moved, seconded by Harris, to accept the Staff recommendations for the official names of (( the parks . Anderson noted that he thought the park with the proposed name of Willow Park did not have any willows in it . Lambert said they would put some in if it doesn't have any. VOTE ON THE MOTION: Motion carried unanimously. F. Report of Director of Public Works 1 . Approve Layout Plan for TH5LCSAH 4 Intersection (Reso- lution No . 87-42) - — — f Director of Public Works Dietz referred to his memo of February 12, 1987 summarizing the pertinent issues regarding the layout . He said there are some potential problems with signalization that he addressed in the memo . MOTION: Bentley moved, seconded by Harris, to adopt Resolution No . 87-42, CSAH 4 Layout Approval (Luther Way to Terry Pine Drive) . Motion carried unanimously. XI . NEW BUSINESS There was none . y qg9 2 j City Council Minutes -24- February 17, 1987 X I I . ADJOURNMENT MOTION: Pidcocjc moved, seconded by Anderson, to adjourn the meeting at 11 : 43 PM. Motion carried unanimously . 4gg 7 E E