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City Council - 03/17/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 17, 1987 7:30 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, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A . Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE i ROLL CALL: All members were present . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were deleted from the Agenda: III. D . Birchwood Labs] Inc.. - Approval of. Developer' s Agreement for Birchwood Labs; III . E . Final Plat of Birchwood Labs . The following items were added to the Agenda: X . A . 4 . Peterson - I-424 Corridor Update; X . A . 5 . Bentley -- Report on Transportation Aavisory Board' Subcommittee ; X . A . 6 . Anderson -- Report on meetin& with Minnesota Valle Wildlife Preservel X . B . 4 . U ate on move to new City Hall . MOTION: Harris moved , seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published Motion carried unanimously. II . MINUTES A Special City Council meeting held Tuezday, February 24 1987 The following changes were made to the Minutest page 1 -- change "SCHOOL ADMINISTRATION BUILDING BOARDROOM" to "CITY HALL LUNCHROOM" , and page 2 , paragraph 5, sentence 3 -- change "our desire to downsize" to "the concept of down- sizing" and "existing development" to "potential develop- ers" . MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Special City Council meeting held City Council Minutes -2- March 17, 1987 February 24, 1987 , as amended and published . Motion carried unanimously . ;ry B . City Council meeting field Tuesday, March , 1987 x The following change was made to the Minutes: page 9, paragraph 1 , sentence 2 -- change "the Council" to "designated Council representatives" . k MOTION: Pideock moved, seconded by Bentley, to approve the Minutes of the regular City Council meeting held March 3 . 1987, as amended and published . Motion carried unanimously . III . CONSENT CALENDAR A . Clerk 's License List s� B . Request for Extension of Transit Bus Service to New Senior Center 9 0 Eden Prairie Road �8 C . Sale of Schultz House F. EDENVALE 21ST ADDITION, by Breco Corporation. 2nd Reading of Ordinance 7- 7 . Rezoning from Rural to R1 -9 .5 for 5 .52 acres; Approval of Developer' s Agreement for Edenvale 21st Addition; and Adoption of R solution #87-59, Authoriz- ing. Summary of Ordinance #7-87 and ordering Publication of Said Summary . 7 .34 acres into 18 single family lots and one outlot . Location: South and east of Edenvale Boule- vard, west of Woodland Drive . (Ordinance #7-87, Rezoning; Resolution #87-59, Authorizing Summary and Publication) G. Final Plat of Reuter Addition (S .E. Corner of C .S .A .H. #62 f and Indian Chief Road ) CResolution #87-62 ) H . Final Plat of Flagship Addition (East of Prairie Center Drive at Singletree Lane ) (Resolution #87-63 ) I . Final Plat of Red Rock Heights 5th Addition (Scenic Heights Road at Village Woods Drive) (Resolution #87-64) J . Final Plat of Edenvale Industrial Park 9th Addition (N .E. Corner o T .H. #5 and Martin Drive) Resolution 7-67) K . Receive Feasibilit Report for Street and Utilit Im rove- men s in Bennett Elace ana B.Lossom Road and Setis Hearin or ri - (Resolution #87-69) L. Authorize Permit Application to MWCC for Connection of San tar Sewer for the Tree armAddition County Road #1 . west of Highway 9 (Resolution 7-70 City Council Minutes -3- March 17, 1987 M. Receive Petition for Trunk Watermain Extension to Serve International School and Adjacent Properties and Authorize the Preparation of a Feasibility Stud I .0 . 52-i 7 Resolution 7-71 N. Authorization to Execute Agreement with Arthur Young, & Company for Comparable Worth - Pay Equity Analysis Regarding Item C, Sale of Schultz House, Peterson asked for clarification of the information provided about the sale . City Manager Jullie said this is the amount they will pay us, so the acceptance of the highest bid is appropriate . Pideock asked to where it has been moved and noted her concern about what appears to be a lower cost to move the house than the City was quoted recently to move another house . Jullie said the competitive bids from the movers show only the total bid, not the separate amounts for moving; costs and purchase price . i Bentley asked for clarification of Item A, Clerk ' s License List for gambling at American Legion Post #409 as he thought that when we changed the ordinance we no longer were required to issue those licenses . Jullie said he would have to check on this particular one . MOTION: Bentley moved , seconded by Harris, to -simend the r Clerk's License List to delete the request of American Legion Post #409 . Motion carried unanimously. MOTION: Anderson moved , seconded by Harris, to approve Items A and B, amended Item C , and Items F - N on the Consent Calendar. Motion carried unanimously . IV . PUBLIC HEARINGS A . SUBURBAN NATIONAL BANL,ZPRESERVE MEDICAL BUILDING, by Supplee ' s 7 H.I . Enterprises , Inc . Request for Compre- hensive 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 re- viewed by the Board of Appeals; and Preliminary Plat of 1 .09 acres into one lot for construction of a two-story office building. Locations South of Anderson Lakes 1 Parkway, west of County Road #18 . (Continued Public Hearing from February 17, 1987) City Manager Jullie noted that this item has been con- tinued several times, and the proponent has again re- quested a continuance . He said Staff recommends that the Public Hearing be closed and Notice of Hearing for this proposal be republished after proponent has supplied material for review and the Planning Commission has taken action. City Council Minutes -4- March 17 , 1987 1 MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to order that the Notice of Hearing for this proposal be republished after proponent has submitted material for review and the Planning Com- mission has taken action. Bentley asked if proponents are aware that this is the potential action this evening and if this will have a real impact on what they are doing. Jullie said they had riot been specifically notified on this ; but, as a practical matter, this should not impact them. Proponents were not present at the meeting. Bentley asked if this could simply be closed or if it should be handled in some other way. City Attorney Pauly said he thought it would be proper to close the Public Hearing and not take any action at this time . Pauly said at such time as proponents are prepared to go forward, Notice of Hearing would be published so that all interested people would have an opportunity to come forward , VOTE ON THE MOTION: Motion carried unanimously. S B. INTERNATIONAL SCHOOL OF MINNESOTA Request for Compre- hensive Guide Plan Amendment from Medium Density Residen- tial and Public Open Space to Elementary/Secondary School j on 55 .6 acres; Zoning District Change from Rural to Public on 55 .6 acres; and Preliminary Plat of 55 .6 acres into one lot for construction of a private school . The request also includes a change of the City Code, Chapter 11 , Section 11 .35 , entitled "Public District . " Subdivision 2 , to allow private schools as a permitted use and private schools with boarding as a permitted use , and requiring park dedication of such uses . Location: North of Bryant Lake, west of Rowland Road , east of Beach Road and I-494. (Ordinance #12-87, Chapter 11 Ordinance Change ; Resolution #87-60, Comprehensive Guide Plan Amendment ; Ordinance #10-87, Re zoning; Resolution#87-61 , Preliminary Plat) Peterson noted the two additional pieces of information provided to Counc ilmembers: the letter from Ms . Whitehead ; and the letter from Robert Nethercut of the Metropolitan Council Parks & Natural Resources Division. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Tracy Whitehead, representing proponent , addressed the proposal . She then introduced Elizabeth Close and Gar Hargens, architects, who reviewed the model and plans for the project . 'E5 ti i v - City Council Minutes -5- March 17. 1987 Planning Director Enger said this proposal was first considered by the Planning Commission at the February 23rd F meeting, at which time it was returned to proponent for review . He said the Planning Commission again reviewed the project on March 9th and recommended approval on a 4-0 vote of the Comprehensive Guide Plan Change , the Zoning District change and the Preliminary Plat, subject to the recommendations of the Staff Reports of February 20 and March 6, 1987 . He said the recommendation was also subject to resolution of the following items: 1 1 . The width of the access road shall be 30 feet , unless after working with Staff it is deter- mined by the City Engineer that the alternative proposed by proponent or some other compromise is acceptable . 2 . Park fees shall be paid 3 . Furnish available information regarding the existing easement from the property to the p Hennepin County Park Reserve District which is to function as an emergency vehicle access . 4 . Design of access to the property from the future Crosstown Highway shall be coordinated with City or County staff. 5 . More residential character shall be introduced into the structures . 6 . Development within the conservancy area, designated floodplain and wooded areas shall be restricted . 7 . Future phases beyond Phase 1 shall be subject to Planning Commission and Council site plan re- view. Enger said the City does not have a zoning district which allows this use ; therefore , the Planning Commission recom- mended approval , subject to the approval of the Code change to permit private schools and boarding within the Public District . Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this proposal at the March 2nd meeting. Issues discussed were F grading, shoreland ordinance , consistency with the regional park plan, and whether dedication should be in the form of land or park fees . He said the Parks Commission voted to recommend proponent be required to pay cash park fees and that a scenic easement be added to the floodplain to maintain control . i r, P City Council Minutes -6- March 17, 1987 Director of Public Works Dietz said that the proposal showing a 28-foot wide roadway for about one-third of the distance and the balance at 32 feet wide would be acceptable . He said the issue about the entrance into the site is still not totally resolved ; however, the consultants are recommending that the concept developed for the Crow/Chasewood site would be satisfactory to provide access to the site . He said the cost of the access road was not yet resolved . Bentley asked Dietz about the recommendation on who will pay for the intersection. Dietz responded that if this proponent were treated the same as other proponents, a the City would not be involved in the cost of the inter- section . Peterson asked Pauly if he was prepared to outline the a legal issues within which we can conduct our discussion t and to discuss the requirements relative to zoning amend- ments . City Attorney Pauly referred to his memo of March 13th and said this proposal requires an amendment to the City Code to authorize this as a use . He said the action being considered tonight is an amendment to the Guide Plan, ( and Zoning District use would generally follow the Guide Plan designation . Because this is a new use being pro- posed, he suggested it might be appropriate to incorporate ' certain of the Staff Report recommendations and the Com- mission recommendations into the code itself as standards applicable to a private school use within a public district . Regarding the park dedication Pauly said the statute pro- vides that the City can require the dedication of land for park purposes to the extent that such a dedication is reasonably required as a result of the development under consideration. Commenting on the letter from Mr. Nethercut, Pauly said he believed the agreement referred to arose out of a settlement of a claim by the Met Council relative to over- payment of certain amounts for park acquisition purposes . He said that he would suggest that the issue regarding the needs for the amount of parkland to be dedicated should be developed to a greater degree , and thus should be re- turned to the Planning Commission for further consideration. i Peterson asked if Mr. Pauly were recommending that the Council not get into debate relative to the proposal that there be a $1 , 000 cash park fee . Pauly said it was his view that this needs to be developed to a fuller extent, particularly in view of its bearing on the needs that a s a City Council Minutes -7- March 17, 1987 may be generated as a result of this development and in view of the rapidity with which this proposal advanced through the process . t Referring to Mr. Nethercut ' s letter, Peterson asked Pauly to review the legal authority of the Met Council speci- fically related to their request for a minimum of 13 acres of dedicated land for the Park Reserve . Pauly responded that there is no legal authority for the proposition that the 13 acres is any magic number. He said the code pro- vision for a maximum of 1.0% may seem inconsistent with the agreement referred to in Mr. Nethercut ' s letter; how- ever, that agreement occurred at a time when the previous proponent had received at least First Reading approval for the development plan that provided for all that land to be dedicated for park purposes . Pauly also noted that the Guide Plan amendment , if approved, will not be effec- tive until it receives approval from the Met Councii and returns to the Council for final approval . Pidcock asked if Mr. Nethercut was present at the meeting. Arne Stefferud of the Metropolitan Council said he had delivered the letter this evening for Mr. Nethercut . Harris asked if any discussion had taken place between proponent and the Met Council representative . Mr. Stefferud said there hadn' t . A discussion followed regarding the appropriateness of submitting such a letter without ade- quate time for all parties involved to review the letter and the situation resulting from efforts of proponent and e Staff to expedite this project . Mr. Steilen, attorney for proponent , asked whether the Met Council is taking the position that their agreement in anyway overrides the City ordinance which puts a 10% ceiling on park dedication or the state statute which ties park dedication to the need created . Pauly responded that , while the agreement is not abrogated , the contemplation that in excess of 10% of the land would be available was based upon the previous development proposal for the site which had received preliminary approval . Pauly said that agreement also provided that the City would not be required to take action that is not permitted under state law should a later development proposal occur which would not permit dedication of the full 39 acres referred to in the agreement . Harris noted that Ms. Whitehead might have revised her position as to cash park fees or dedication if she had been aware of the position of the Met Councils therefore, she thought this is something for discussion not just with the Council . 1 { 1 k } City Council Minutes -8- March 17, 1987 Anderson said the City has been working on acquiring parklands and preserving this area for over 20 years . He was concerned that we are getting caught up in some- thing that is moving too fast and are being pushed into making a decision too rapidly . q y Bentley noted that Ms . Whitehead ' s letter refers to re- c zoning the property south and east of the cartway line to "open space" with no specific proposal to dedicate that property . He wanted to know what "open space" means , and how that relates to an outright dedication. Enger Y replied that this came about from discussions today and s was an attempt to lessen the change in the Comprehensive Guide Plan on the southern portions of the property towards the lake so that 13 acres would remain designated as public open space . He said they also suggested that the zoning in that particular area remain rural . Bentley asked if zoning that piece as public open space would give us more ability to preserve that area than z leaving it as rural . Enger replied that it might , depend- ing on what our concerns are . He said public zoning on the entire property would not allow the City as much con- r ' trol over further expansion of the School, but he was not sure how it would affect any other possible development proposals . Bentley said he was asking if public open space zoning would give us something closer to a dedication in terms of rights of use to that property by the public than if it remains rural . Pauly said the Guide Plan designation as such wouldn' t create any rights to the public simply by virtue of that designation . Mr . Stefferud said they are in the same situation as be- fore of trying to obtain protection to the park by land acquisition. He said any land required beyond the amount dedicated would be acquired with the $271 , 000 returned to the Met Council by the City . Bentley asked if their posi- tion is that they would require the 13-acre outright dedication . Stefferud responded that their position is that the agreement be followed and that a total of 13 acres be dedication and trade/purchase . Bentley asked how their letter and their position relates to proponent ' s proposal as it stands before us. Stefferud said the proposal is inconsistent with the Met Council ' s agreement with the City. Lamoert said their position essentially is that we take as much land as we can legally acquire in lieu of park fees . City Council Minutes -9- March 17, 1987 Harris asked if the Met Council has the right to approve } or deny the Guide Plan change or just the right to comment . Peterson said they have the right of denial . Anderson said he thought it was important to understand a where we 've been going for a period of time in terms of park dedication. For many years the City has sought access to Bryand Lake for its residents, since it is very difficult to get at today. He said if we lose access to the cart trail, all of the residents to the west will lose the easiest access to the park . Regarding the residential character of the building, Bentley said he didn't have a problem with the way the buildings are proposed and didn't believe modifications are needed to enhaiice the residential character. Peterson noted that Ms. Whitehead made it clear that they would commit to a written stipulation that there will not be g top mechanical devices . Harris asked Ms . Whitehead if she was prepared to discuss the question of dedicating 13 acres, or a portion thereof, with purchase/trade for the remainder, as suggested by the Met Council representative . Ms . Whitehead said the trail issue did not come up until today. She said she didn' t understand why their promise to leave the land as open space doesn 't do the same thing as dedication would . She said that they have concerns about opening up access from the park as, unfortunately, there are certain types of people who are attracted to schools . She said it is very important to them to keep the lakeshore and they paid a premium price for the property . Anderson said he objected to their saying it was okay for the local residents to come across their property but it isn't okay for other Eden Prairie residents to have access through the property. Harris said she thhought if the land resides in the park, that doesn't preclude the school 's use of it . She said she has concerns about certain kinds of usage that would not be appropriate . Bentley said he thought an impasse had been reached as there appears to be problems in terms of language, who needs what, and what needs to be accomplished . He said he thought the issues to be dealt with were: 1 . Dedication of the floodplain area; 2 . Cross easement from the park to the school to allow them to use that property; 3 . A restriction to be placed in the agreement on development of that particular parcel ; and s City Council Minutes -10- March 17, 1987 4. An agreement from the school to allow an unrestricted public trail across the cart track . Ms . Whitehead said she thought their discussions had been about two separate issues: Eden Prairie ' s need for a park; and the requirement to work with Hennepin County regarding their needs for a park . Peterson said , unfor- tunately, the issue didn' t get any simpler, but rather got more complicated than before . Ms . Whitehead asked if the Council wants to decide what should happen between proponent and Hennepin County Parks or are they only concerned with what type of land or park fee proponent will give under the Eden Prairie ordi- nance . Peterson said the issue has surfaced with several different faces, and it is nct the intent of the Council to serve as a negotiating agent for the parties involved . Bentley said he was concerned that the Council deal with a neat , clean package with no loose ends . Pauly said he thought it would be premature for the Councilmembers to decide how to vote on this proposal until the issue of park dedication is properly developed to see what would '4. be legally permissible. Neil Weber, Hennepin Parks Commissioner, presented a statement on behalf of the Suburban Hennepin Regional Park District (Attachment A) and said Hennepin Parks views the school as an ideal neighbor. He said their concerns are the same as Councilmembers Anderson and Bentley; that the City and County have worked long and hard together on this plan and it is now very near comple- tion. He said he would invite the school to come and present their position to the Parks Board and that a lot of the issues here tonight can be resolved . He said their interest is -to develop the park according to the plan and the plan is an adjustable item; therefore, they are willing to sit down with proponent and City Staff to try to work out something. Pidcock noted that the total land in the proposal is 55 acres and 10010 of that would be 5 acres, not 13 acres . Weber said this would involve a combination of things, with the possibility of dedication and purchase or cross- use ability to be worked out to the mutual satisfaction of all parties . Cliff Bodine, 6400 Shady Oak Road, said he very heartily approves of the project . I City Council Minutes -il- March 17, 1987 Dean Edstrom, 10133 Eden Prairie Road , said he was in favor of the proposal and thinks it is a tremendous opportunity for our City . He said it is an international institution that emphasizes high standards and would provide Eden Prairie with an opportunity for international publicity . He said it would help attract additional successful industrial/commercial/residential development . Elaine Sorenson, 7121 Willow Creek Road , said the neigh- bors encourage negotiating some of these problems . She said they are enthused about this school for Eden Prairie and about what it can mean for the City. Greg Mack, representing the Hennepin County Park Reserve District , said that through the course of negotiations there could be some trade out that might provide for expanded use and thus for the emergency access, but that this item has not been negotiated as yet . Ed Sieber, 11792 Dunhill Road , said he was encouraged to hear that the various parties involved are willing to negotiate the issues to resolve the problems on this project . He said he supports the proponent 's claim that ' there might be some problems that they would have no con- trol of . He said he was concerned about the pollution from the stables, and that he was concerned about the manner in which the property will be handled if Hennepin County Parks owns the 13 acres by dedication. Don Poupard, 6251 Beach Road , said there have been four proposal3 on this property in the past and he was defin- itely in favor of this one . Doug Bryant, representing Henne in County Parks, said that the bonding bill includes 1 .8 million proposed for Bryant Lake Regional Park. He said they are concerned about the water quality and those issues will be addressed . He said there are usually many more problems with public park land during the time it is undeveloped than after it is developed . They have not had the necessary levels of support staff to really administer and operate Bryant Lake Park as it should be since it is now an undeveloped park. a j Pidcock asked if our Eden Prairie police department .could get involved in some of the problems cited in Bryant Lake Park . City Manager Jullie said only to the extent that there is a public crime and offense could the Park Reserve call the Eden Prairie police. Mr. Bryant said he would suggest that he and one of the park ranger sergeants meet with City Staff to discuss this issue and outline a plan to work with the staff available in order to see that { these problems don't occur. City Council Minutes -12- March 17, 1987 Julie Molde, 704.0 Willow Crrek Road , said she considers this an opportunity in education that does not come along very often. She believes it is a wonderful use of the land . Bentley noted that he , too , was very much in favor of having this school come into the community, and that he thinks this site is an excellent one for the school . He said the issues outstanding are what he would classify as technical issues that need to be resolved . In order to resolve the issues in a time frame that meets the criteria of the school, he said he would be willing to set a special Council meeting shuuld there be a need for one . He said he did not think we would be doing the community a service by agreeing to a proposal that , at this moment in time , has a lot of loose ends . MOTION: Harris moved , seconded by Pidcock, to continue this Public Hearing, including consideration of the pro- posed amendment to the City Code, to the first Tuesday f in April and to remand proponents to the Planning Depart- ment Staff and other interested parties for resolution of all outstanding issues , including those relating to the parks . Bentley asked if the amendment to the City Code would have to be published as a Public Hearing. Pauly said the publication that has been accomplished is sufficient for that purpose as there has been a proposal to amend the Code section. Pauly said he was concerned that the issue of park dedication or fees may need to be developed in the Planning Commission; however, we could avoid that if proponents would agree that the further airing of that issue before the Council would procedurally be appropriate . Ms . Whitehead asked what continuation will do in terms of what has to come next . Enger said there are several different ways to proceed , but the Met Council review of the Comprehensive Guide Plan change comes into play .. He said that if all the items were resolved and only the waiting time for the Met Council review process were in- volved, a Developer' s Agreement could be drafted in time for the First Reading of the Zoning ordinance . Ms . White- head asked how long before the Second Reading. Pauly said a time lapse of three days is required between First and Second Reading. Pauly noted that it would be possible to submit the proposed Comprehensive Guide Plan change to the Met Council staff on an informal basis to ask them to start review, thereby possibly shortening the time for the review process . Peterson asked if we know at this point for what we are City Council Minutes -13- March 17, 1987 applying, as the provisions don't specify how much park- land and if it will be dedicated as an outlot or if it is a scenic easement . Pauly said he thought we could at least get the process started . Peterson said he was concerned on behalf of the proponent that if they submit an amendment to the Met Council with something less than the Met Council thinks is going to be acceptable , they are inviting the longer process of 90 days for review. Dirk DeVries , Met Council representative , said that if a Guide Plan change without any significant impact on the metropolitan system were submitted, it would probably take 30 days to review. Anderson said he wasn' t sure that proponent had committed on whether they wished to have it go to the Council or the Planning Commission . Ms . Whitehead said they would agree to Council continuance . Peterson noted that we haven't discussed the cost appor- tionment of the improved access from County Road 62 . Dietz recommended that , to be consistent with other proj- ects in the past , this should be the responsibility of the proponents . Anderson said we also haven' t discussed the zoning. He said he thought we really need a zoning for a private school . He said he doesn't believe the private school belongs in a zoning of public . Peterson said we can re- solve this by holding up the entire process, or we can amend public zoning to include private schools . Anderson said if we do this, we need to know what we are getting into, as this will include all aspects of private schools including Montessoris, Dunwoody Institutes, and other types of schools . Pauly said he wanted to clarify our understanding with proponent as to the method of developing this question regarding the park dedication and the procedural aspect of it . He asked if proponent agreed that further develop- ment of this issue may properly be done at a hearing be- u fore the Council rather than before the Planning Commission . Mr. Steilen said they agreed . Bentley said he was not clear as to the criteria for what constitutes a private school . Pauly said this can be determined in further amendments of the Code, but that he thought the consensus was to narrowly circumscribe it . VOTE ON THE MOTION: Motion carried unanimously . City Council Minutes -14- March 17, 1987 C . AMENDMENT OF CHAPTER 11 , CITY CODE . Amending City Code Chapter 11 , Entitled Land Use Regulation (Zoning) , and Readoption of City Code Chapter 11 in its Entirety as Amended Herein, 1 ) by Renumbering Several Paragraphs Under Definitions; 2 ) by Including Definition for a Maximum Base Area Ratio ; 3) by Changing Special Requirements for Filing and Recording of Legal Descriptions and Zoning District Changes ; 4) by Including a Column Designating Maximum Base Area Ratio ; 5 ) by Amending Mechanical Equip- ment Screening Standards ; 6 ) by Including Provisions for Required Landscaping in Residential Districts; 7 ) by Changing Provisions Relating to Off-street Parking Space Requirements for Office Use and Amending Exterior Material Design Standards to Omit Factory Fabricated and Finished Metal Framed Panel Construction; 10 ) by Adding Private Stables and Golf Courses as Permitted Uses in Rural Dis- tricts Exclusively; 11 ) by Providing for a Maximum Square Footage Requirement for Supporting Commercial Sales and Services to Office Users within Large Office Structures ; 12 ) by Adding a Requirement Limiting the Square Footage Maximums for Neighborhood Commercial Services and Commun- ity Commercial Services; 13 ) by Providing for a Maximum Percentage of Gross Building Area That Supporting Minor Commercial Uses Can Occupy in Industrial Districts; 14) ., by Adding a Requirement to Specify "End Land Use" After Land Aleration Occurs and Identify Zoning of Property After Land Alteration Occurs Under Section Entitled Mining Operation and Land Alteration Regulations ; 15 ) by Providing for a Maximum Size of Name Plates as Permitted Under Home Occupation Code ; 16 ) by Renumbering Several Paragraphs Under Subdivision 2 , Entitled Sign Permits ; 17 ) by Adding a Definition for Sign Base ; 18 ) by Adding Area Identifi- cation Regulation Criteria Under Subdivision 3 Entitled General Provisions; 19) by Adding Sign Base Criteria Under Residential Districts ; 21 ) by Amending That Portion of the Commercial Sign Ordinance by Consolidating Per- mitted Commercial Sign Criteria Under One Heading for All Commercial Districts ; 22) by Deleting Paragraph D of Sub- division Four of Section Entitled Sign Permits ; 23 ) by Amending That Portion of the Office Sign Ordinance by Including Provisions for Wall Signs for Each Elevation and Including Sign Base Criteria; 24) by Adding Sign Base Criteria to Industrial Districts ; 25 ) by Adding Sign Base Criteria to Public Districts ; 26 ) by Relettering Paragraphs under Section Entitled Sign Permits; 2 7) by Adopting Zoning Map Entitled "Zoning Map of the City of Eden Prairie, " dated January, 1987 ; and 28) Readoption of City Code Chapter 11 in its Entirety as Amended Herein. (Ordinance #9-87) f L a City Council Minutes -15- March 17, 1987 Bentley said he had not had a chance to really look at this very large issue and would like to continue it . He said he would like to have Staff reorganize the in- formation provided so that the housekeeping-type items are in a separate section from the more substantive items . Planning Director Enger said they will reorganize the Staff memo of February 25th ; however, there are two staff members here this evening to answer questions . Peterson said he had read the memo and didn't see anything controversial or very substantive . He asked if there are any items that should be flagged for more in-depth dis- cussion. Enger said the Planning Commission reviewed this at three different meetings and did not have exten- sive discussion on any of the items . He said it serves to close some gaps and to make some adjustments in the Code that have essentially been in effect for several years . Bentley said he was not sure about what the long-term implications of some of the items might be . Anderson asked if there is anything that is pressing so that we need to make these changes soon. Enger replied a that none of the items were pressing. Anderson suggested that we continue it to the next meeting and that those C ouncilmembers who have questions contact Staff and have them resolved . MOTION: Pideock moved, seconded by Harris, to continue this item to the next regular meeting of the City Council on April 7, 1987 . Motion carried unanimously. D. WILLIAMS ' MINI-STORAGE, by Bob Williams. Request for Rezoning from Rural to I-2 Park for 0 .5 acres for construc- tion of mini-storage warehouse . Location: East of Highway 169, south of Anderson Lakes Parkway . (Ordinance #11 -87 ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Referring to the Staff Memorandum of March 13th, Planning Director Enger reviewed the details of this request. He said this is really a housekeeping item that would match the legal description of the property with the boundaries of the property on the approved site plan. There were no comments from the audience . i City Council Minutes -16- March 17, 1987 R s MOTION: Bentley moved , seconded by Harris, to close the Public Hearing and to give ist Reading of Ordinance No . 11-87 for rezoning from Rural to I-2 Park for 0 .5 acres . Motion carried unanimously . E . YEAR XIII PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT CDBG PROGRAM Planning Director Enger called attention to the Staff memo of March 13th outlining the proposed activities list . Pidcock asked if the Scattered Site Housing Assistance is just for lots . Enger said last year' s funds were used for one lot . He said they may suggest that a por- tion of this year' s funds be used for townhouses because of the smaller cost involved . Grace Norrison, Greater Minneapolis Day Care Association representative , said they administer the child-care sub- sidy funding. She said she has recently learned of a ' greater need in this area and wound like to request more than the suggested amount of $10, 000 . Enger said the suggested amounts were based on letters of request, but it would be possible to shift money from the Scattered Site Housing Assistance . Norrison said it takes about $2500 per child each year. Bentley asked if the goal is three families for this year for the Scattered Site Housing program. Enger said that was true . Bentley then asked if there is an idea of any ° amount of dollars required to make the goal of three families . Enger said we would have to not subsidize single-family lots and go towards townhouses . Pidcock asked how many applied for the scattered Site p Housing program . Enger said 16 asked for applications, based on the way in which it was advertised with a limit f. to families of four. He said only two finally applied, and ultimately only one of them was bought for . Anderson said he was very concerned about day care, es- pecially for those single parents who are trying to get an education or a better job; therefore, he would prefer to add more money to the child-care fund . MOTIONS Anderson moved , seconded by Pidcock, to approve the proposed Community Development Block Grant (CDBG) 4. i City Council Minutes -17- March 17, 1987 Program funding for Year XIII , with the changes to $15 , 000 .00 for the Greater Minneapolis Day Care Associa- tion and to $36 , 741 . 00 for Scattered Site Housing Assistance . Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 33270 - 33612 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos . 33270 - 33612 . Roll call vote: Anderson, Bentley, Harris , Pidcock, and Peterson voted "aye . " Motion carried unanimously . A VI . ORDINANCES & RESOLUTIONS There were none . V I I . PETITIONS , REQUESTS & COMMUNICATIONS A . BERNE ADDITION, by Donald and Harriet Berne . Request for Preliminary Plat of 1 .04 acres into two lots, with frontage variances to be reviewed by the Board of Appeals . Location: 7332 Franklin Circle . (Resolution #87-73 , Preliminary Plat ) City Manager Jullie noted that, while this is not a formal Public Hearing process, property owners within the project vicinity had been notified . Planning Director Enger said the Planning Commission re- viewed this item at their last meeting and recommended approval , subject to the recommendations in the Staff Report of March 6 , 1987, and subject to the obtaining of a variance for lot frontage from the Zoning Board of Appeals . He said this is a request for Preliminary Plat of 1 .04 acres into two lots . There were no comments from the audience . MOTION: Harris moved , seconded by Pidcock, to adopt Resolution No . 87-?3 , approving the Preliminary Plat of Berne Addition for Donald and Harriet Berne , with vari- ance for lot frontage subject to review by the Zoning Board of Appeals . Motion carried unanimously . i s B . TOPVIEW ACRES 5TH ADDITION, by Jerrold T . and Cris Miller. Request for Preliminary Plat for 3 .7 acres into six single family lots and one outlot . Locations Northwest quadrant of Gerard Drive and Beehive Court. (Resolution #87-74, Preliminary Plat) Planning Director Enger said this is a further subdivision of the Jerrold Miller property located on Gerard Drive . s City Council Minutes -18- March 17, 1987 He said this request for Preliminary Plat of 3 .72 acres into six single-family lots and one outlot was reviewed by the Planning Commission on March 9th . The Planning Commission recommended approval of the Preliminary Plat, subject to the recommendations of the Staff Report of March 6th. Enger said the Arbor Glen subdivision to the west of this did not back up the trail connection from Topview Acres, so the Outlot B area goes nowhere . He said the proposed trail connection serves no purpose with Arbor Glen approved as it was . Director of Community Services Lambert reviewed the loca- tion and history of trails in the area. A discussion followed regarding the status of the trails . Anderson noted that what we have is a dead-end trail . MOTION: Anderson moved, seconded by Harris, to adopt Resolution No , 87-74, approving the Preliminary Plat of r Topview Acres 5th Addition for Jerrold T . and Cris Miller. Motion carried unanimously. C . PRAIRIE VIEW 2ND ADDITION, by Prairie View Associates . Request for Preliminary Plat of 14 .6 acres into two lots . Location: North of Plaza Drive , east of Prairie Center Drive . (Resolution #87-75 , Preliminary Plat ) Plaruiing Director Enger said the creation of this outlot as a part of Prairie View Center is for the purpose of providing additional parking to account for changes in some of the uses of the center . He said the Planning Com- mission reviewed the item at the March 9th meeting and recommended approval on a 4-0 vote, subject to recommenda- tions of the Staff Report of March 6. 1987 . There were no comments from the audience . MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No . 87-75, approving the Preliminary Plat of Prairie View 2nd Addition for Prairie View Associates, subject to the recommendations of the Staff Report of March 6 , 1987 . Motion carried unanimously. D . Request of itenne in County for Final Plan Approval for Baker Road Improvement Between C .S .A .H #62 and Roberts Drive and Ajel2rovalf Coo ra ive onstruction Agreement Resolution 7-7 A Director of Public Works Dietz reviewed his memo of March 11 , 1987 , regarding the agreement with Hennepin County on improvements to Baker Road . He said it rovides that the City would participate to the extent of $655,181 .73 He a City Council Minutes -19- March 17, 1987 said that all of the issues raised by the Council at the preliminary review of this project are included in the agreement . He said the County is trying to get the project going, and they will sent it on to MnDOT as soon as it receives Council approval . Bentley asked how the City will fund its share . Dietz replied there is a road fund that will serve as the source . There were no comments from the audience . z MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No . 87-72 , Baker Road Improvement Agreement with Hennepin County DOT . Motion carried unanimously. { VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . e IX . APPOINTMENTS A . Bicentennial of the U .S . Constitution - 1 Appointment Peterson said David Anderson of the School Board, had just recently received the letter regarding this appoint- ment . He said Mr. Anderson will bring it up this Thurs- day evening; in the meantime , Mark Weber is planning to coordinate with the rest of the Committee . Once the recommendation from the School Board is known, this item will be brought back for Council approval . B . Anointment of Councilmember to Work with Mayor and Staff on Landfill Issues Peterson said City Manager Jullie and he have met often with various individuals and groups on this issue to talk about strategy and share information . He said they be- lieve it would be helpful to have one other Councilmember become more involved in this issue . Pidcock nominated Councilmember Anderson for this appoint- ment . r A discussion followed regarding time and frequency of meetings on this issue . MOTION: Pidcock moved, seconded by Harris, to close the nominations and to cast a unanimous ballot for the appoint- ment of Councilmember Anderson to work with Mayor Peterson and Staff on the landfill issues . V a i k City Council Minutes -20- March 17, 1987 X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members 1 . Set Time/ for Meeting of Canvassing Board MOTION: Anderson moved, seconded by Harris, to set a meeting of the Eden Prairie Canvassing Board for Friday, March 20, 1987, at 3 : 00 PM in the City Hall Lunchroom to approve the results of the Park Bond Referendum . Motion carried unanimously . 2 . City Manager Performance Review Form and Procedure for Future Salary Adjustments Bentley said after more thorough review of this docu- ment he would like to commend Councilmembers Harris and Pidcock and Natalie Swaggart on a very fine job. He said the question of how to deal vwith the goals is still a question that we have to answer; however, as a long-term document he thought this will serve very well . `f MOTION: Anderson moved, seconded by Bentley, to .' approve the final draft of the City Manager Perfor- mance Evaluation Form. Harris noted that the goals for each year would need to be established annually through discussion of the Council and the City Manager . VOTE ON THE MOTION: Motion carried unanimously . MOTION: Harris moved , seconded by Pidcock, to add to the Agenda for the Special City Council meeting scheduled for Tuesday, March 24, 1987, the discussion and determination of the goals which will be used to measure the City Manager' s performance . Motion carried unanimously . Bentley said he would suggest that Mr. Jullie be prepared to come with some recommended goals and objectives and that the Councilmembers should also have prepared their suggested goals for Mr. Jullie . Harris noted that the memo of March 12, 1987, regarding the procedure for City Manager's salary adjustments, was quite self-explanatory. I Bentley said he had some concerns with the recommenda- tions regarding changing the time for the review to 4� 52 2 City Council Minutes -21- March 17, 1987 coincide with other salary reviews and setting a salary range . He said he did not want to limit our future ability to arbitrarily set a salary figure ; thus we should not lock ourselves into a range , per se . Peterson said it does not say we are bound to stay within the range . Bentley noted that was okay, as long as there is an understanding of that . II Farris said the purpose of the salary range is to provide some measure of information that assumes equity when we are making judgments . A discussion followed regarding the time for the salary review . i MOTION: Harris moved , seconded by Pidcock, to adopt the policy outlined in the March 12, 1987 memorandum regarding the process for determining the City Manager' s future salary adjustments . Motion carried unanimously . Y 3 . Meeting with Steve Keefe , new Chairperson of the x Metropolitan Council Peterson said he and Mr . Jullie had discussed the possible advantages of inviting Steve Keefe, the new Chair of the Met Council , to come to Eden Prairie to meet with some of our Staff, to tour the area and perhaps to meet with the Council for lunch. d gr 1 A discussion of the possible dates followed with no consensus arrived at . Peterson said they would work to find another date if Councilmembers felt this is something that would be beneficial . Bentley asked how we would deal with that in the public meeting forum. Peterson suggested we could set a meeting date and invite the media to attend . MOTION: Pidcock moved., seconded by Anderson, to direct Staff to pursue the possibility of arranging a meeting with Mr. Steve Keefe of the Metropolitan Council . Motion carried unanimously . 4. Peterson - I-494 Corridor Update Peterson said the Corridor Commission is at the point where they are looking at specific recommendations so it is getting much more interesting. He said invitations to residents and businesses along the entire corridor will go out for a meeting on Wednes- day, May bth at the Edina Community Center. He said =rt { k City Council Minutes -22- March 17, 1987 Ar Council members are invited and encouraged to attend this public information meeting. He said the staff people are willing to go to Council meetings follow- ing the public meeting, which in our case would be the May 19th meeting as the first opportunity for such a presentation . MOTION: Harris moved, seconded by Pidcock, to ask a representative of the I-494 Corridor Commission to attend the May 19, 1987 City Council meeting. Motion carried unanimously . 5 . Bentley - Report on Transportat_on Advisory Board Subcommittee Bentley said he had been involved in a subcommittee report on the Highway Jurisdictional Transfer Study for the Transportation Advisory Board . He said the final draft will be reviewed at an Association of Metropolitan Municipalities meeting tomorrow morning at 10: 00, at a Highway Jurisdictional Transfer Com- mittee meeting at 11 : 30 , and at the Transportation Advisory Board meeting in the afternoon . He said � the report has gotten very general about the fact that roads cannot be just arbitrarily transferred but rather there must be some legislative means of settl- ing jurisdictional transfer issues . He said he has insisted on including reference to the fact that the financial impacts to both the transferrer and the transferee must be considered . 6 . Anderson - Report on Meeting with Minnesota Valley Wildlife Preserve Anderson said he met with representatives from Bloom- ington and Shakopee last Tuesday at the Minnesota Valley Wildlife Preserve area. He said the Wildlife area representatives would like to know if there are ways that they could work to publicize the Wildlife area in the community or to help work with the com- munity on some of our recreational needs. He said they have purchased land for a scenic easement in Eden Prairie along the Bluffs, and they are willing to work with the City in using trails . He said they are also willing to work with us on the goose problem, but we would have to make a request for their assistance for any of these items. He said there is a great deal of potential here for the Com- munity, and he would like to have Staff work on this and come back with a recommendation. City Manager 9 Julli.e said he would talk to Staff about the potential . as City Council Minutes -23- March 17, 1987 B . Report of City Manager 1 . Discussion on Communication Peterson asked for further discussion on his memo of March 3rd regarding communication . x Bentley asked if he is essentially talking about cablecasting the Council meetings and resurrecting the old "Happenings cable show . Peterson said that was correct . Bentley said, while there is a question as to how many people would watch the show, there is also an obligation on the part of the City to make it available . B MOTION: Harris moved, seconded by Bentley, to direct Staff to explore the feasibility of regularly cable- casting the Council meetings, and the feasibility of a periodic (quarterly, monthly or weekly) cable show specifically related to issues, persons and events that affect Eden Prairie, as outlined in Mayor Peter- son' s memo of March 3, 1967 , regarding communication. Motion carried unanimously. ,. 2 . Proposed Policy on Smoking, at City Hall Anderson said he would like to extend the policies to include all City-owned vehicles . City Manager Jullie said he hadn't had a chance to think about how that would works however, he would agree with that for vehicles with two or more employees . He said he was concerned about banning it from all vehicles because there are some police officers who are in the cars alone . Harris said it would be difficult to enforce such a ban on all vehicles . Anderson said he was also concerned about smoking as a health hazard for people that work for the City. Peterson said we are not adopting this policy to prevent people from smoking but rather are protecting enclosed environments for the sake of non-smokers . MOTION: Bentley moved , seconded by Harris, to approve the policy on smoking at the new City Hall and other City buildings, as outlined in the staff memorandum of March 13, 1987, and with the recommendation that the policy include a consideration of no smoking in City-owned vehicles . Motion carried unanimously. ;r 4 City Council Minutes -24- March 17, 1987 3 . New Fire Station & Fire Station Remodelings Bentley said he wanted to congratulate those in- x volved on a good job of designing the building. Ron Johnson, representing the Fire Department, said the colors were selected by the neighborhood resi- dents, and they had generally tried to work with the neighbors on the building plans . Anderson said that this is the type of fire station that fits in very well with Eden Prairie and it is something of which the community will be very proud . MOTION: Bentley moves° , seconded by Pidcock, to authorize the preparation of plans and specifications for the new fire station and fire station remodelings and the advertising for bids for those projects . Motion carried unanimously . 4 . Update on Move to New City Hall City Manager Jullie said the move is set for a week from Friday, and that Thursday will be spent in packing .;. for the move . He said the next regular meeting of the Council will be held at the new building. C . Report of City Attorney The City Attorney's report was given at the special session following the meeting. D . Report of Director of Planning There was no report . E . Report of Director of Community Services There was no report . F. Report of Director of Public Works There was no report . XI . NEW BUSINESS There was none . XII . ADJOURNMENT The Council adjourned at 12s25 AM to a special session with City Attorney Pauly to discuss matters in litigation.