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City Council - 08/18/1987 - Joint Meeting City Council Minutes 1 August 18, 1987 APPROVED MINUTES JOINT EDEN PRAIRIE CITY COUNCIL/School Board MEETING TUESDAY, August 18. 1987 5:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia x. Pidcock School Board MEMBERS: Superintendent Jerry McCoy, Dave Anderson, Chuck Ruebling, Dariene Wegner, Claude Johnson, Ken Foote u CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, Recording Secretary Linda S. Jacobson 9: School Board STAFF: Superintendent Jerry McCoy. Business Administrator Merle Gamm I. ROLL CALL: All City Council and School Board members were present. II. DISCUSSION Superintendent McCoy opened discussion on the school bond referendum. He said planning should be done by September 1 st and vote on the referendum will be held October 6th. McCoy said tonight he wants to talk about where the School Board is in terms of school development and planning. He also said that flexibility is essential and mentioned in the past the School District has been able to levy for the lease of buildings. The last session of the legislature decided that they were going to stop School Districts from leasing facilities with capital outlay over levies. As a result of this the School District is short school space. McCoy said the School Board has gone and talked with Randy Peterson, who wrote j the bill in the legislature, and there might be some relief coming through a special piece of legislation. p McCoy mentioned the population shift of people moving to Eden Prairie. McCoy City Council Minutes 2 August 18, 1987 said the City will get the 11 percent increase in students. The rate of increase is up because of the development boom that's coming through, but that rate will go down. The economic cycle is up. In terms of education reform, there are a lot of changes, the latest one is open enrollment and the district will be recommending to the School Board that Eden Prairie has open enrollment in 1988. McCoy talked about future expansion capabilities in the construction of new schools and said all architect plans are designed for possible future expansion of the buildings to fit the growth of the community. McCoy mentioned convertibility of future space; in other words, it there are spaces that are no longer used as schools, they can be converted to some other use in the community. The Eden Lake facility is designed like this. McCoy mentioned 16 hour per day facilities. He said last year there were 32,000 people who used the school building and that's not counting churches every Sunday, etc., so that gives a sense that there is a significant number of people using the buildings beyond a regular day. McCoy talked about preservation of site amenities. McCoy mentioned the Research Farm site and that only one tree will be removed. McCoy mentioned the warm and humane architectural scale for children. The Eden Lake building is scaled for children to give the feeling of a more residential, more like home atmosphere. It is designed to work well with curriculum and staff. } McCoy referred to a diagram showing school capacity from 1987 and 1988. 182 seats available right now in the total School District. McCoy said by 1992 the School District will be short 1,839 spaces for children if the recommended project is not accepted. McCoy said the building program was put together as one question for referendum and the question is integral to total planning of the district. McCoy then referred to a chart addressing the referendum issues. McCoy talked about kindergarten being all day and once the State funds that, it's automatic as far as the Board is concerned to provide the program and it will double the neod for kindergarten facilities in 1989 or 1990. McCoy then talked about grades one through four and having an elementary in ea%.h quadrant of the district, so each quadrant of the district would have a gymnasium and be a facility that could be used up to 16 hours a day. There would be an intermediate school for fifth and sixth grade students. For seventh and eighth grade the building would be the existing Middle School. And the high school would be grades nine through twelve. Ar City Council Minutes 3 August 18, 1987 McCoy said as that organizational changes in terms of numbers the response would be: elementary one through five, intermediate school would go six to seven, the middle school would be eight and nine, and the high school would be ten to twelve. This would be a change that would happen between now and 1996. McCoy brought up the issue of taxes. He talked about the new legislation that passed an increase in taxes for suburbs effective next year and gave examples of how a homeowner's taxes would increase due to this legislation. McCoy said there would be a $2.7 million increase for next year on properties within the District. McCoy said the school board looked at debt services and the idea was to work toward a level payment plan so the costs were not going up and down, which could be confusing to the community. McCoy said presently Eden Prairie is at 8.8 mills and the School Board is recommending keeping that nine mill level for the next 12 years for the $33 million project. McCoy said if the referendum does not pass and the School District doesn't get the facilities, in 1988 taxes for debt obligations would drop by three mills and finally drop down to about one mill in 1993. McCoy said the reason for 12 years instead of 20 or 25 years is good responsible financing. McCoy talked about the Kindergarten Center which would be at the existing Kindergarten Center at Central Office. Approximate cost of that is $1,147,000. The fourth elementary school would be identical to Eden Lake. The intermediate school would be on the Research Farm site for 1,200 students. and Central Middle School will have eight rooms added to that building and some internal remodeling for $889,000. The high school will have an increase in capacity to 2,000 for around $8 p million which includes an athletic facility. David Soucy, Cunningham Architects, talked about the Kindergarten Center and i phase one of adding eight classrooms and doing some additional remodeling to the x existing facility, creating offices, nurses rooms, copy centers, and library. Referred to a chart showing the different clusters for the building and expansion possibilities. Soucy said if the referendum succeeded, construction would begin on the Kindergarten Center this fall for occupancy in the fall of '88. McCoy said the school board was expecting to lease eight classrooms next fall and this would be building those eight classrooms rather than leasing. Soucy talked about the Central Middle School and the addition of the eight classrooms and doing some additional remodeling of miscellaneous areas. Soucy said construction on the Central Middle School would also begin this fall for occupancy next year. City Council Minutes 4 August 18, 1987 Soucy talked about the fourth elementary school, which is basically the same as the Eden Lake School, but there would be aesthetic changes made to the new school so each school would have its own identity. Construction would begin next April for occupancy in Autumn of '89. Soucy talked about the high school, which is essentially additions and remodeling to all three floors with the object of increasing capacity as far as classrooms and all of the core facilities to 2,000. This includes exterior athletic facilities and all-weather competition track as well. Classroom capacities would be increased (phy.ed, media center, art rooms, industrial arts, office areas, counselors, student activities) by ' approximately 40 percent. Future expansion later to 2,400. The idea is to consolidate as much of the new construction close to the center of the building in event of future additions. i Soucy mentioned the gymnasium/phy.ed. area, they are increasing the size and number of the phy.ed area in proportion to school physical education needs. The new gym will be a competition size gym, but without seating in it. It will have the wood floor and all the apparatus. There will be additional locker rooms for the boys and the girls varsity, in addition to the phy.ed locker rooms there now. McCoy said it was not the District's intent to build those locker rooms and if the facility went through, the school board would have to build those. McCoy said the additional space for the physical education program will be built for the physical education department but have the additional value of being extra-curricular for the community. Soucy talked about the Intermediate School and addressed the architectural issues. Said the school opens with 1 ,200 students and can be expanded up to 1,400 students. Councilmember Harris asked what impact is projected from the open enrollment. McCoy said all suburban schools are equal in terms of programs and thinks that parents needs will dictate some of that in terms of where their children go for babysitting. McCoy said in talking with the neighboring districts, it will be an even trade. Councilmember Harris mentioned the fiscal action the Legislature took and will it lead to over capacity in terms of having to build more classroom space that otherwise might have been leased. McCoy said it's a result of an imbalance in the funding in the State, and to hold the suburbs in line the State has increased taxes and the cities receive no return for that. McCoy said the leasing of schools is probably not going to be around much longer, but Eden Prairie would Bike to try to get relief because they City Council Minutes 5 August 18, 1987 have $600,000 on the line over the next three years. Mayor Peterson said if the referendum passes and there are commitments over the next two years for spending that money for construction, what provisions are available that might respond effectively enough if there is a major economic downturn in the next three years or if some decision of the Legislature or Metropolitan Council or someone else makes Eden Prairie not as desirable a place to live and the growth doesn't occur. McCoy said the size of the buildings gives economic scale. McCoy said they have four buildings and space to flip-flop 250 students each way, so there's a built-in safeguard there. At capacity it will be 800 to 900 students in those buildings; McCoy mentioned the all day kindergarten need and saiO by 1990 there will be 12 classrooms available with this plan. If all day kindergarten didn't happen, that space could be turned into community education space. Councilmember Anderson talked about the needs of residents and one of therm being to leave their children in school longer, particularly elementary age. Wondered if the possibility of leaving the children at school until five p.m. was considered. McCoy said for four years they've had what they call "Extended Day" that starts at 6:00 AM and ends at 6:00 PM. The YMCA uses Eden Prairie facilities and provides that care and they set up the program. Councilmember Anderson asked if new facilities would be able to handle that type of program without busing one place to another. McCoy said if it's put in the elementary schools, it will work, but there has to be sufficient numbers. Councilmember Anderson said he thought the District already had an ail-weather i track. McCoy said, "yes, we do." McCoy mentioned in 1980 there were vague plans about development of the high school site, which was not included in the referendum to the extent they needed to. McCoy mentioned his concerns abort transporting students to another site for practice. McCoy said the District runs buses in the spring I to the high school for track practice and from time to time students miss the buses and run to the field and cross Highway 4 and Highway 5, which is not a very well controlled traffic area. McCoy said it's very dangerous and costly to transport kids t over a long period of time to that facility. McCoy said there ought to be a facility at the high school to satisfy that need. McCoy said a track costs $180,000 and said it's a small price to pay to get that amenity and keep that safety factor in mind. Councilmember Anderson said he's looking at it from a taxpayer point of view who just paid for it a little while ago. And asked if anything more was going iri besides the track. McCoy said a stadium that would seat about 2,500. McCoy said to put more seating in the other facility is not acceptable to the School Board and the other seating will be left. Mayor Peterson asked how it will be utilized at the Middle School. McCoy said the City Council Minutes 6 August 18, 1987 Middle School will have 1,200 students so it will have plenty of use. Councilmember Bentley asked why the recommendation and consideration by the School Board is for one referendum rather than two, looking at the time lines involved. Councilmember Bentley said with a 30 million dollar referendum it's going to make a rt near term referendum for any City's needs difficult to pursue. McCoy mentioned a t survey and Councilmember Bentley asked which one he was referring to. McCoy K said the most recent one, relating to responses to the City's March 1987 referendum and that one of the problems tends to be that this City is waiting for the school to ask its question. McCoy said the priorities of residents is schools come first and parks second. McCoy said it would be confusing to the publicto do two or three school referendums and then have the City do a referendum. McCoy said the Board has looked at every one of the issues and discussed and concluded the best way to go is one referendum. Councilmember Bentley asked if there are economies in doing it this way and McCoy said there were. McCoy said by bidding the Kindergarten Center and Middle School at the same time that's an economy. in terms of leasing space, Y 9 i that is not an economy because money goes out the door and doesn't come back. Councilmember Bentley asked when showing financial projections, mill levy projections for capital expenditure funds, do projections make the assumption that the City is going to be getting out of the tax increment financing district at a certain point in time. McCoy said, "no," that it's his understanding those projects will run the ten years which they're legally allowed to run. If they run shorter than ten years, the numbers will be better. McCoy said those numbers are projected with the notion the City will continue to tax increment finance districts for the full ten years. David Anderson said the growth being experienced this past year and coming year is far greater than anticipated which has sped up building needs by about a year. Councilmember Pidcock commended the School Board for excellent planning, but asked what relief can those who have been here a long time expect to find in their taxes with the 33 million dollar referendum. McCoy said the $33 million is spread over a larger tax base and also takes into account the fact that we have paid off buildings. McCoy said the school buildings are running abut $60 to $65 a square ' foot. I Claude Johnson said they could stretch the referendum out to 18 years, but if you look at total cost pay off, this size referendum in 12 years is responsible in the trade off of interest versus total cost, and keeping a level payment as one would finance a home. Councilmember Anderson was concerned that there is no waste or no frills with the City Council Minutes 7 August 18, 1987 referendum and are the current facilities being used to maximum. Councilmember Anderson said Council has to look at the affect the referendum has on any programs for the City coming up. Mayor Peterson said the District's decision effectively delay any possible bond referendum that the City might consider for park acquisition or development for two, three or four years. With this referendum the community will know there will not be anymore school bond referendums. McCoy said he thinks they are operating in the best interest of the community. David Anderson said the people moving to Eden Prairie fare expecting to pay for the schools and are not expecting split shifts in schools and classes of 35 children per class. Claude Johnson said last year Prairie View School had classes of 32 and 33 pupils, and the School Board got a lot of static allowing that to happen. McCoy said they hired additional teachers and split those classes. McCoy mentioned putting portable buildings outside, but the School Board has objected to this idea. Councilmember Anderson said the last thing he wants to see is split shifts and when you raise class size over 24 or 26 in elementary grades, that's too many students. Jack VanRemortel said the District's general fund is running around $20 million annually and total budget running about $27 million, excluding the building fund. In that perspective, $30 million plus for facilities is not as mind boggling as when one first hears it. 5 Ken Foote said it's important to inform the public first and tell them exactly what's `. included in the $33 million. Foote said with the exception of the running track, there's nothing in the referendum that is not needed. Councilmember Pidcock asked the square tootage cost for the new buildings and Soucy said Eden Lake is $65 including everything except raw cost of the land. Pidcock thought most people could accept that rationale 1 Mayor Peterson asked Mr. Jullie if the sewer and water will go as far west as the new elementary school site on the Rogers property. Jullie said sewer and water will come from the new interceptor sewer underway and the Metropolitan Waste Control Commission will have that done in time for the proper extension. Jullie said the trunk water system will have to be extended. Mayor Peterson said when this is done for the school it will invite development in that area very quickly and maybe the issue of quick development in that area should be researched. Jullie said the City has to look at that carefully and Staff will come to Council with a phasing plan for that southwest area. Peterson asked the projected completion date of the Rogers school site and McCoy i k City Council Minutes 8 August 18, 1987 said 1989. Councilmember Pidcock asked if the Rogers property is outside the MUSA Line and Jullie said where the wool is going it is not. McCoy said that was a careful consideration when the School Board looked at the site. David Anderson mentioned the high shhool track issue and said they wanted to see gates opened over there. He talked about the security problem presently with the track, that the track has got to be kept in shape, they don't know who's running on it and what type of shoes they're wearing. He would like to see the track open to the public and the public out using the track. , Councilmember Anderson said it's important to have a track at the high school and is in favor of this. He said he's not necessarily in favor of a big stadium being built at the high school. Councilmember Anderson said as far as football is concerned, thars the only one that fills the stadiums up and he's not seeing football games do that anymore. McCoy said the high school fills all of the seats and a tot people have to stand on the side. McCoy said they've got a site that has its fighting and the football field in, it needs seating and they are projecting $250,000 for seating. Anderson said other school districts have gone with only one stadium and bus to the game rather than put other facil:Kies in. if a facility is put in at the high school, physical education facilities suffer because you have less land. McCoy said they'll be running soccer and football and having two fields so they aren't chewed up, which is really important in athletics. McCoy said the advantage of having 1,000 seats in the existing facility is they can use that for soccer games and that takes the pressure off some of those large football games. McCoy also mentioned the safety issue again of getting back and forth through the intersection of Highway 4 and Highway S. Councilmember Pidcock mentioned that some day there will be an overpass across Highway 5. III. ADJOURNMENT The Eden Prairie City Council and School Board meeting was adjourned at 6:55 PM. City Council Minutes 1 August 18. 1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, August 18, 1987 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive 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 Crag 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 Linda Jacobson { PLEDGE OF ALLEGIANCE a ROLL CALL: All members were present. I. APPROVAL OFAGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X.A.1. Peterson - Dision on . proposed statement area red by Mr. Rosow regardi the public landfill meeting ` to b2 held August 19. 1_987: X.A.2. Anderson - DisgUasion on growth in thfj futuce for Eden Prairie: Item L was added to the Ggnsgnt calendar. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion carried 5-0-0. II. MINUTES A. Regular City Coundl aleating held Tuesday. JuIX 7. 19R7 The following items were changed: Page 4, Paragraph 1, 2nd Sentence, to read as follows: "It does not preclude other organizations from requesting the same consideration." Page 6, Paragraph 7, 4th Sentence, to read as follows: "The drainage channel would move into higher terrain which would cause more extensive I City Council Minutes 2 August 18. 1987 grading." Page 9, Paragraph 2, to read as follows: "Harris asked if at the time the original Timber Creek project was approved whether it was understood that there would be further development of the area in question at a future point." Page 11 , Paragraph 2, 4th Sentence, to read as follows: "Bentley said one of the purposes of the PUD is to cluster densities in some cases in order to preserve natural amenities, etc." Page 13, Paragraph 9, to read as follows: "Bentley asked Enger if this entire area is going to develop as officelwarehouse buildings." Page 17, Paragraph 1, to read as follows: "Anderson replied through the years they've had many complaints from residents taking business outside of the community." Page 17, Paragraph 3, to read as follows: "Motion failed 2-2-1. Bentley and Peterson opposed, Harris abstained." Page 17, Paragraph 4, to read as follows: "Motion fails 2-3-0. Pidcock, Peterson and Anderson opposed." Page 19, Paragraph 3, 1 st Sentence, to read as follows: "Bentley said he would support a request to reverse the Board of Appeals and Adjustments because the Council was aware when granting the zoning approval of the variances." Page 19, Paragraph 4, to read as follows: "Anderson mentioned the fact of the 7 - 0 vote not to approve by the Planning Staff and the recommendation for nonapproval by the Staff and the 5 - 0 denial by the Board of Appeals and Adjustment; when Council disagrees with that many people, Council should take another look at this issue." Page 19, Paragraph 5, 2nd Sentence, change "had" to "held". Page 19. Paragraph 7, change "other" to "previous". Page 19. Paragraph 10, Second Sentence, to read as follows: 5 "Pidcock replied in this case she would see it as very favorable since you have single family down the street almost to the bank." Page 20, Paragraph 4, to read as follows: "MOTION: Bentley moved, seconded by Harris,to overrule the Board of Appeals decision and that we grant Variance Request No. 87-20 and adopt the Findings of Fact and the legal findings in support of the decision." Page 20, Paragraph 5, 2nd Sentence, to read as follows: "It's important the City have credibility with the community." Page 20, Paragraph 7, change the vote on the motion to"4-1-0 with Anderson opposing." Page 21 , Paragraph 1, change the vote on the motion to "4-1-0 with Anderson City Council Minutes 3 August 18, 1987 opposing." Page 21, Vill. A., to read as follows: "MOTION: Bentley moved, seconded by Harris,to approve the recommendation of the Historical and Cultural Commission changing terms from two years to three years." Page 21 , X.A.1., "MOTION: Pidcock moved, seconded by Hands,to publicly commend Mr. Lambert and his Staff for the fine 4th of July display and organization of 4th of July events." s MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held on July 7, 1987 as published and amended. Motion approved 5-0-0. B. Serial City Council meeting held Monday. July 47. 1987 A' The following items were changed: Page 3, Paragraph 8, new paragraph after T the first sentence ending "Special Tax Credit". Page 3. Paragraph 9. t "Anderson recited language in the City Code, Chapter 2, Page 10, Sectian 2.09, Subdivision 2, which stated that during a natural dlisaster requiring a Declaration of a State of Emergency, the continuity of duly elected and lawful leadership of the City and continuity of government required that the Council meet forthwith. Anderson questioned the leadership of the City at the time of the emergency on July 23 and July 25." MOTION: Pidcock moved, seconded by Harris. to approve the Mnutes of the Special City Council Meeting held July 27, 1987 as published and amended. Motion approved 5-0-0. 111. CONSENT CALENDAR A. Clerk's Lice@ List B. WES13Y-000 INDUSTRIAL PARK 4TH ADOITION. by Dallas Development Company. Approval of Developer's Agreement for Westwood Industrial Park 4th Addition. 14.36 acres into 2 lots. Location: South of County Road *67, east of Bury Drive. 1 C. ANDERSON'S GARDEN SHOPPE--Approval of Architectural Elevations for Structures D. Accept an award bid& for tennis courts E. 1 st Reading of Qrdjpance No. 43-87. ,Park Use Odinancer_,Amendment City Council Minutes 4 August 18, 1987 F. Final Platt_aooroval for Jay allace Addition (located east of Franlo Road and north of Laurel Drive) Resolution No. 87-236 G. Final Pi�ai anoroval for Jarrett Estates (home of Anderson GadenCenter) Located east of Eden Prairie Road and south of Valley View Road. (Resolution No. 87-237) H. Ghanae Order No_ 3_ Valley View Road_ 1. C. 52-272 5 1. A=wyfj„olans and ARIN cations for MbL=oroi= to IandsCApeljeen Countryside Auto Parts (Resolution No. 87-239), J. Resoluti 13 r , ilstina(QQ=C) sewer connection�it for the Ridge 3rd Addilion (Resolution No. 87-240) K. Resolution Mgugsting easements over Lot 4 and, Eden P,ajne Acres. from He=eDin CouWX (lax dalincLUent oro___pg tv,) Resolution No. 87-241 F L. LEGION,PARK, by R. M. Feerick and Associations, 2nd Reading of Ordinance No. 32-87, Rezoning from 1-2 and I-General to Community Commercial; approval of Developers Agreement for Legion Park; and Adoption of Resolution No. 87-242 authorizing summary of Ordinance No. 32-87 and Ordering Publication of Said Summary. 2.6 acres into one lot and road right-of-way. City Manager Jullie said that Staff has reviewed Item L and everything is in order. Jullie said that Final Plat is also submitted for approval with a i requirement for an additional ten feet of right-of-way along County Road 4, i which has been included in the plat report as a necessary change prior to report. Jullie said the developer has been advised that they must go back to the Board of Appeals for a variance prior to issuance since ten feet slightly amends prior variances granted by the Board of Appeals. l a Peterson asks for a clarification of Item I and Dietz replied that the Department of Transportation has a budget to screen a number of salvage auto yards { throughout the State. Dietz said the State will be doing this screening work to Countryside Auto Parts on Highway 169 and said he had a plan for Councilmembers to review and discussed the different types of trees that will be used. MOTION: Harris moved, seconded by Bentley,to approve Items A - L on the Consent Calendar. Motion approved 5-0-0. . s City Council Minutes 5 August 18, 1987 �LL IV. PUBLIC HEARINGS A. FOLIbITAIN PLACE_ by CSM Corporation. Request for Comprehensive Guide Plan Amendment from Regional commercial to High Density Residential on 8 acres and from Public Open Space to High Density Residential on 4.5 acres, Planned Unit Development Concept Review on approximately 52 acres, Planned Unit Development District Review and zoning District Change from Rural to RM-2.5 on 29.3 acres with variances, Preliminary Plat of approximately 52 acres into 4 lots, 1 outlot, and road right-of-way, and Environmental Assessment Worksheet Review for construction of a 490-unit apartment project. Location: West of Highway#169, north of Columbine Road. (Resolution No. 87-229, Comprehensive Guide Plan Amendment; Resolution #87-230, PUD Concept of Fountain Place; Ordinance #40-87-PUD-9-87, PUD District and Rezoning; Resolution #87-231, Preliminary Plat; Resolution #87-232, Declaring No Significant Impact, EAW) City Manager Jultie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. x Paul Fjare, representing the proponent, addressed the proposal. Mike McDonald, representing the proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the July 27th meeting. The Planning Commission recommended approval of the proposal on a 5 - 0 vote subject to plans submitted by the proponent and revisions as called for in the Staff report of July 24th. Enger said the Planning Commission is recommending fib percent brick exterior for the project. Enger referred to Staff report of July 24th. Enger said proponent has prepared a traffic study, which the Planning Commission has reviewed, and the study recommends Columbine Road be extended to the north to come out south of Flagship Athletic Club at Prairie Center Drive; if Columbine Road is not extended with this project, the intersection of Anderson Lakes Parkway and Highway 169 will exceed level capacity. Staff would recommend to Council to phase the 490 units if the road improvement of Columbine Road does not go forward. h Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this proposal August 17th and City Council Minutes 6 August 18, 1987 recommended approval as per the Planning Staff report of July 24th, with the addition that the six foot private walkway east of building four be expanded to eight feet and the walkway will extend from Magnolia Drive down to the Purgatory Creek Recreation area and be within a twenty foot public walkway easement. Bentley asked Enger where the 68 percent brick figure came from and Enger said it came from the Planning Commission and architectural renderings that represented 62 percent and the Planning Commission's desire to see code adhered to 75 percent and the architects volunteering that perhaps brick could b be added to bring it up to 68 percent. , Bentley asked the builder if they've looked at 68 percent brick exterior. Mr. Holmes referred to a drawing depicting the building with 62 percent brick and then an overlay depicting 68 percent brick. Bentley asked about the traffic levels of Anderson Lakes Parkway and Highway 169, and how much of the problem is a result of Highway 169 traffic. Enger said the problem is Highway 169. Bentley asked whether Columbine Road goes in or not, if there will still be that level of traffic at that intersection and Enger said the problem is having only two lanes on Highway 169 at Anderson Lakes Parkway. Enger mentioned there needs to be bypass lanes or four lanes. Bentley asked if the traffic problem is due to Highway 169, then this project is not going to impact Highway 169 to any measurable level. 4 Enger said if Columbine Road is not extended through, more traffic will go down to Highway 169. Bentley asked if the road connection out to Highway 169 will be a right-in, right-out only and Dietz replied the City received approval from MnDOT to signalize an intersection at this location. Bentley asked if it will be signalized I as part of the construction process and Dietz didn't believe it would be. Bentley mentioned the traffic situation during rush hour on Highway 169. Dietz said the expansion of Highway 169 would be implemented first and then as volumes developed that's when a signal would be placed at Columbine Road and Highway 169. Mitch Wonson, traffic consultant for the proponent, stated that this road connection would be a right turn island, right-in only, and be designed so it would be very difficult to make a left turn. He also talked about signage that would be placed in the area. Wonson said upon upgrading of Highway 169 a full intersection would be constructed. City Council Minutes 7 August 18, 1987 Pidcock mentioned the amount of parking spaces and Fjare said there will be slightly under one thousand, indoor and outdoor. Pidcock said that's only two per unit and asked where visitors will park. Holmes said he's never found where all residents are home at once with their cars and visitors too. Pidcock asked Enger if this was enough parking for the project and Enger said one interior space and one exterior space has worked well within the City and the ordinance has been adequate. Pidcock asked what the balconies are made of and Holmes said they are wood picket. Harris asked if Castle Ridge has voiced an objection over extending Columbine Road or is Castle Ridge still reviewing the petition. Fjare said he contacted Larry Mikan and Mikan said he has not declined or refused to sign the petition, he just hasn't had time to review it yet. Harris said by increasing the amount of brick on the face of the building it 5 would change the architectural design and Holmes agreed with that statement. Harris asked if the design would change to meet the 68 percent and Holmes said to meet 68 percent they would have to change the roof articulation and } look at other areas to put brick. Holmes referred to the drawings to explain the difference with more brick. Enger mentioned that the Planning Commission liked the building the way it was, but would also like the building to meet the ordinance. The Planning Commission recommended a compromise at 68 percent. 1 Peterson asked Enger to elaborate on the proponent's statement that the building code that prohibits the use of brick beyond 25 feet or the third floor. Enger said that the Building Inspections Department Staff assured him that it can be done, and if the proposal goes through with 68 percent brick there j would be brick at the fourth level. Anderson asked Staff if the main reason for 75 percent minimum brick exterior was for maintenance reasons. Enger responded this was true, and that it added durability. Enger mentioned brick is maintenance free for many, many years as opposed to painting or aluminum siding which usually has a 20 year warranty. Anderson also asked what type of wood would be used for the 3 siding and McDonald said cedar siding. McDonald also mentioned that metal siding and vinyl siding is excluded from the ordinance at this time. i Anderson asked about the project location to the floodplain area and if it would be flooded if there's another hundred year rainfall. Holmes said on the City Council Minutes 8 August 18. 1987 morning after the the July 23-24 rainfall the water level reached 823.96 and the hundred year floodplain elevation is 824. Anderson asked if water would have gotten to these buildings in such a rainfall and Fjare said the water did not get out of the hundred year floodplain mark. Fjare pointed on the drawings to the hundred year floodplain markings. Anderson asked if any parking lots will be in the floodplain and Fjare said the approximately 30 parking spaces will be at elevation level. Anderson asked lambert if there are private walkways in the City at the current time and Lambert said that there were. Anderson asked if those walks have signs stating they are private and Lambert said they don't. Anderson asked where there are private walkways around the City and Lambert mentioned the Preserve development and that these sidewalks are owned and maintained privately. Anderson asked if the sidewalks in this project are going to have signs stating they are private walkways. Fjare pointed out where the walkways would run on the drawing and said they would be eight foot walkways within a twenty foot public easement from the public right-of-way to the northern property line of the Fountain Place project. Anderson asked what the proponent is going to do to prevent the loss of trees while the area is under construction. Fjare talked about snow fencing the areas because of the significant amount of trees on the slope. Anderson rt wanted to know what the developer would do if the bulldozer operators knocked down 40 or 45 trees and the developer said he had nothing to do with it. Fjare stated they're planning to fence the area around the trees and the cat operators wouldn't have any reason for being in there. Said they want to save all the trees also and that there aren't enough trees on the project that way it is. j Anderson asked if there's been any dedication of floodplain and Lambert said there's no request for dedication of floodplain. Lambert referred to the Purgatory Creek Recreation area and said the City would take cash in lieu of land dedication, and the City does not require dedication of land as part of the i development since that takes away the ability to receive a donation of giving land to the City. Pidcock asked if this project could be done in phases and Holmes said there are two phases contemplated presently. Holmes referred to phase one and two on the drawings. Holmes said the earliest phase one would be completed for occupancy would be September 1 st. Holmes said they would start the major construction on phase two after phase one is done and not have a lot of construction done on phase two until 1989. City Council Minutes 9 August 18, 1987 Bentley said he likes the way the project looks and said he's prepared to include 62 percent brick exterior as part of the PUD. Bentley said he would be prepared to include the height variance as part of the PUD. Bentley said the major concern over traffic is the entrance point out to Highway 169 and would request that be a right-in, right-out only until such time as it is signalized. Peterson asked if the extension of Columbine Road would come out between the properties of Flagship and Castle Ridge and Enger said it would. Peterson z asked Wonson what traffic service level the City moves to with the extension of Columbine at Prairie Center Drive and Highway 169 and Wonson said he did ,8 not calculate exact level of service at Prairie Center Drive and 169. Wonson said the BRW study indicated the level of service at C at that intersection. { Peterson asked what process is required to make sure Coii imbine gets included along with this project. Dietz replied Staff has a signed petition by two out of three and that Staff did not prepare any resolution. Dietz said in the past Staff recommended no 2nd Reading until a feasibility study has been done, but also mentioned the third party may sign the petition and then it would be past the feasibility study stage and right to the plaits and specifications. Peterson mentioned the fact that first occupancy is not for another 16, 18 months and will not be overcrowding any intersection for two years. Enger said the only concern would be whether Columbine is built at all. Dietz mentioned the fact that Columbine will not be an easy road to build and the distribution of assessments will be one-sided. Peterson said he would not want to make 2nd Reading contingent on the resolution of Columbine Road, but agrees with the need for additional access to the north. Bentley suggested that through a second motion Council agree that if resolution through one hundred percent petition is not forthcoming by 2nd Reading, Council at that time order a feasibility study be done. Harris said she likes the project as it looks and stated the overlay of the building with the additional brick gives it an institutional appearance. There were no comments from the audience. ' MOTION: Bentley moved. seconded by Anderson,to Close the Public Hearing and Adopt Resolution No. 87-229 for Comprehensive Guide Plan Amendment. Motion approved 5-0-0. i s City Council Minutes 10 August 18, 1987 MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-230 for PUD Concept approval, including the requested height variance and face brick variance at 62 percent. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Approve 1 st Reading of Ordinance No. 40-87-PUD-9-87 for PUD District and Rezoning, with 2nd Reading of the Ordinance to occur after making satisfactory provision for Columbine Road; including the requested height variance and face brick variance at 62 percent. Motion approved 5-0-0. Bentley asked if Council can make a motion that1a feasibility study process automatically begins if one hundred percent petition is not forthcoming by 2nd Reading or does Council take a separate action at that time. City Attorney Pauly said Council could do it conditionally at this time. Bentley said that would be his motion. Anderson said he agreed with the right-in, right-out only at Highway 169. but asked if there should be language in the motion to read "until such time as a light or semaphore is installed". Bentley said the understanding would be until such time a signal would be apparent; at that point .the right-in, right-out restriction would be terminated. Peterson said the assumption of the motion is forever. Bentley said he'd be happy to add the words "until signalized". 4 Discussion had between Bentley and Peterson about when the intersection would be signalized. Peterson said the affect of the motion would not in any k way preclude the possibility of signalizing that intersection and Bentley said, "no". i r r MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-231 approving the Preliminary Plat, with Final Plat approval subject to satisfactory provision for Columbine Road; including a right-in, right-out for the k road connection at Highway 169 until signalized; that a feasibility study process automatically begins if one hundred percent petition is not received by 2nd Reading. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-232 declaring that an Environmental Assessment Worksheet shows no significant impact. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council Conditions. Motion approved 5-0-0. City Council Minutes 1 1 August 18, 1987 Y B. DATASERV, by Opus Corporation. Request for Planned Unit Development Concept Amendment on 17.4 acres, Zoning District Change from Rural to 1-2 on approximately 1.5 acres for the construction of an additional parking area for the existing Datasery Headquarters. Location: East of the intersection of Technology Drive and Prairie Center Drive. (Resolution No. 87-233, Amending DataSery PUD Concept; Ordinance #41-87, Rezoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Worthington, representing the proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the July 27th meeting and recommended approval subject to recommendations of Staff report dated July 24th. Enger said this was not reviewed by the Parks, Recreation and Natural Resources Commission. Bentley asked if Council placed any condition of the building usage adjacent to Datasery in terms of industrial versus office. Enger said this is supposed to be 75 percent office when complete. Bentley referred to Staff report stating 50 percent office use maximum allowed in a 1-2 zoning district and wanted to make sure Council is not presupposing any sort of development for building purposes on this parcel. Enger said the Developer's Agreement would be ` consistent with the original Developer's Agreement with regard to percentage of office. ip Bentley asked what necessitates amending the PUD concept. Enger said this is a parking lot that serves Dataserv's needs but it's not exactly what's shown in the PUD concept. If Datasery elects to have Opus build the other part of the { building for them, then the PUD concept would prevail. Bentley asked what justifies a change in concept because there's nothing in the concept there that is going to be dissimilar to what has already been approved. Enger said it's a matter of degree and under that way of thinking there would be not need for a PUD concept amendment. Peterson asked Worthington if he's assuming in the near future there will be less parking required by occupants of the present building and when the additional building is constructed there will be sufficient parking. Worthington said he is not making any parking presumptions for phase two. The reason for oversizing the parking is he doesn't want to have to come back if the situation 1 City Council Minutes 12 August 18, 1987 escalates. Worthington talked about the future parking needs with phase two completed. Worthington said the parking arrangement that is being proposed will take care of immediate parking needs, up to the next two years and beyond, and hopefully go on with future expansion to fit Dataserv's growth needs and parking needs onto the site. Pidcock mentioned Opus' beautification project downtown around the parking lot and asked Worthington if that could bo possible for Eden Prairie. Worthington said right now they're trying to take care of the shortage of parking. He said if Council indulges this situation for two to three years. Opus will bring in something that will be consistent not only with this site but be an improvement with anything they've done. There were no comments from the audience. MOTION: Harris moved, seconded by Bentley, to Close the Public Hearing and Adopt Resolution No. 87-233 amending the Datasery PUD Concept. Motion approved 5-0-0. s MOTION: Harris moved, seconded by Pidcock, to Approve 1 st Reading of Ordinance No. 41-87 for Rezoning. Motion approved 5-0-0. MOTION: Harris moved, seconded by Bentley, to Direct Staff to amend the Development Agreement incorporating the Commission and Staff recommendations. Anderson asked how Council can be guaranteed in three years this doesn't become a permanent parking lot. Enger said the recommendation is not set 1 up for any time limitation, so if Council wishes there to be one, Council would have to place one on the proposal. Anderson asked Worthington if he's comfortable with three years and i Worthington said he was. Worthington suggested Council ask Opus to come back before Council within the three year period, if nothing has happened, and explain the status of the situation. Then Council could take action on an extension or some other definitive action; otherwise, the temporary parking lot may need to be removed. AMENDMENT TO THE MOTION: Harris moved, seconded by Pidcock, to Direct Staff to amend the Development Agreement incorporating the Commission and Staff recommendations; that developer come before Council within a three year period of time for review. I City Council Minutes 13 August 18, 1987 Bentley said he doesn't see the need for this since the proposal is very straight forward. Said it would be irresponsible for Council to say if the situation is the same in three years. you can no longer use the parking space. Anderson stated that that wasn't the motion, the motion was they must come back within three years to explain what they are going to do. Bentley said he was opposed to making this motion conchtional rezoning of this property. a Pauly said the motion to amend is a directory type of motion and not mandatory in the sense it's only asking for an appearance. He said Opus is sitting with the additional property available and they'll have to come back and deal with that. Pauly said Opus will probably be very circumspect about maintaining the commitments that Worthington has made. Anderson asked Pauly if a temporary parking lot could last ten years and Pauly said that it could. Pauly said the rezoning would be effective and didn't think there would be any way to undo that once it became effective. Worthington stated Opus will develop the property since it's too expensive to carry as temporary parking. Peterson said he would vote against the motion to amend. Harris said she agrees with Bentley's point and would vote against the motion to amend. VOTE ON THE MOTION TO AMEND: Notion to amend fails 0-5-0. VOTE ON THE MOTION: Motion approved 5-0-0. Upon agreement of Council members, Item IV. D. was moved ahead of Item IV. C. on the Agenda. D. VA!QATION OE CONSERVATION AND DRAINAGE AND t Tl, l ITY EASEMENTS ON LOT 10. BLOCK 1- BLUESTEM HILLS 1 ST ADDITION. (Located south of Blossom Road, east of Bennett.Place) Resolution No. 87-235 City Manager Jullie said this is vacation of conservation , drainage and utiUty easements at Bluestein Hills Addition as a result of replatting. Jullie said this is basically a housekeeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to Close the Public Hearing City Council Minutes 14 August 18, 1987 and Adopt Resolution No. 87-235 vacating the easements. Motion approved 5-0-0. C. SOUTHWEST CROSSING 11. by Vantage Companies. Request for Planned Unit Development Concept Amendment of 109.68 acres, Planned Unit Development District Review on 109.68 acres with variances for building height, Zoning District Change from Commercial Regional to Office on 5.13 acres and Board of Appeals variances for Shoreland setback, building height, k impervious surface, and impervious surface below the high water mark of Smetana Lake for the construction of a 247,000 Square foot office building. Location: North of Viking Drive, and south of Smetana Lake. (Resolution #87-234, PUD Concept Amendment of Southwest Crossing PUD; Ordinance #42-87-PUD-10-87, PUD District and Rezoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Kelly Dorn. representing the proponent, addressed the proposal. Richard Varda and Brian Carlson, representing the architects, talked about the t building design. Planning Director Enger said the Planning Commission reviewed this item at the July 13th, July 27th and August 10th meetings. Enger referred to the Staff recommendations from the July 24th Staff report. Enger also mentioned the traffic study which was in conformance with the City's desire for ultimate traffic generation on this property. He mentioned the need for a traffic signal at t Viking Drive and Prairie Center Drive and the issue of who's responsible for the signal is still open. Enger referred to a model of the development site and said it's divided into to pieces. The idea is to approve a 10-story building with a request for concept approval for a second 14-story building so proponent can proceed with r" assurance that second building would be included in the subsequent zoning request with the project. Enger stated that all variances needed for the first building will be needed for the second building also. { i Enger said the Planning Commission recommended the approval on a 5 - 0 vote of the request for the overall master plan, the planned unit development concept amendment on this specific site and the rezoning with variances, except shoreland variances. Enger said the Planning Commission was i 4 City Council Minutes 15 August 18, 1987 concerned that conservancy areas and "sender sites" (those from which development density is being transferred), be adequately restricted in the future to carry out the intent of the overall master plan, subject to Staff report of July 24th. Peterson asked if the proponent is cooperative with the restrictions on the sender sites and Enger said after discussion with Pauly Staff would put the development agreement in recordable form and be approached in the same manner as drafting restrictive covenants. Enger said there will be significant limitations in sender sites in form of recordable documents. Bentley asked Enger if the developer is requesting any variances at this time and Enger said they're not requesting any variances for the 14-story building section of the request. Bentley said they're requesting variances on the 10-story building on the rezoned property and Enger agreed with that. Bentley said if approval is given to the revised PUD that there was an intent on the Council's part to assume that variances on the 14-story site would occur and Enger agreed with this. Pidcock said she thought they said they wEre seeking variances on a change in the floor area ratio for the entire proposal from .40 to .97 and Enger r responded that the developer is requesting all the variances for phase one of this project, the rezoning phase, and they're not requesting any variances for i any conceptual phase. Pidcock said she understood Carlson to ask for variances on shoreland management, impervious surfaces, and building height from 130 feet to 153 and Enger agreed with this. Enger said some shoreland variances will need to go to the Board of Appeals since they cannot be amended by State law through a PUD process. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this August 17th and recommended approval as per Planning Staff report of July 24th. Lambert said the major concerns were preservation of the eastern end sites, relationship of the building to the lake and landscaping transition that accompanies that, the trail ; system and screening of the parking areas. Lambert mentioned that these questions were answered to the Commission's satisfaction and the vote was unanimous to approve as per Staff report. Bentley asked about the current status of Golden Triangle Drive. Dietz said there are temporary culverts in place in the creek and surcharge is in place for the earth work portion of crossing the creek. Dietz said there's a feasibility study currently being developed. j City Council Minutes 16 August 18, 1987 Bentley asked for clarification regarding the nature of the restrictions on the sender properties. Enger said the restrictions would be in impervious surfaces, open floor area ratio, on building height, on building setback. Bentley asked if they're going to be restrictive covenants and Enger said they'll be called a development agreement in recordable form. Pauly said he hasn't come to a conclusion as to what the document would specifically be called, but it will be a document that transfers the development rights which Enger just mentioned from so-called sender areas to the user areas. Pauly said the document would say that in this development the developer owned all the property and that the document will recite the fact that there are certain restrictions which are being exceeded on the property which is under development and through this process certain of those restrictions are being waived or modified in consideration of the transfer of similar analogous rights from the sending properties and as a result the sending properties in the future will not be permitted to develop those properties in the same degree as they would have been but for the existence of the agreement. j Bentley posed a hypothetical situation such that if there was a residential piece of property and the net density allowed would be 2.5 units per acre and there's one area developed as medium density where the density is less than seven units per acre, how does the City control the other portions in such a way that the total net density of the development will not exceed 2.5. Pauly said it may be controlled by concurrent development or Zoning of concurrent { zoning of disparate areas in which greater or less density is permitted. Another example is-when the City obtains contribution of park land or natural open space land, that's done concurrently with the approval of the zoning. Another example is where the City receives conservancy easement over a portion of the property and that would be done concurrently with approval of the zoning. Once these are place of record they effectively preclude development of the remaining lands. Bentley asked if the vehicles used would be the PUD agreement by revision through this project and the development agreement and Pauly agreed with Bentley and said he would have an agreement which would specifically address this problem. b Pideock asks what relationship these buildings are going to have to Southwest Crossing 1. Varda explained the architectural issues between Southwest Crossing I and Southwest Crossing 11 and how the buildings will complement each other. City Council Minutes 17 August 18, 1987 Anderson mentioned that he has mixed emotions over where you reach a limit on building height in the City and said at some point Council will have to set a limit to building height. Anderson also talked about the screened parking lots and asked what one would see when driving down the freeway in an automobile. Varda refers to two drawings here and mentioned that the Wilson Learning Center is taller than the first phase and shorter than the second phase in terms of actual elevation. Dorn says the second building will be 18 to 21 feet taller then the Wilson Learning building. Anderson asked if from the freeway one could see Smetana Lake and Dorn said to a certain degree yes and no because of the desire to screen the parking from the view of 494. Dom goes on to talk about how they have screened the parking area. Bentley said currently when one drives on 494 one doesn't have much of a view of Smetana Lake because of the distance across the roadways. Bentley said the best view would be further to the east looking towards the northwest. Anderson said he wants to find out how much of the view will be lost. Mitch Wonson, traffic consultant for the proponent, said in working with Staff they removed the highest level parking to angle down to get the best view of the lake and he referred to the drawings to explain this. There were no comments from the audience. MOTION: Pidcock.moved, seconded by Hams, to Close the Public Hearing and Adopt Resolution No. 87-234 for PUD Concept Amendment subject to } Commission and Staff recommendations (this would revise the master PUD s and give Concept approval to the 14-story building). Motion approved 5-0-0. e MOTION: Pidcock moved, seconded by Harris, to Approve 1 st Reading of Ordinance No. 42-87-PUD-10-87 for PUD District Review and Rezoning subject to Commission and Staff recommendations (this action would apply to the 10-story office building). Motion approved 5-0-0. MOTION: Pidcock moved, seconded by Harris, to Direct Staff to prepare a f Development Agreement for the 10-story office building property and amendments to the master Development Agreement for Southwest Crossing, both incorporating Commission and Staff recommendations and the legal conditions that Mr. Pauly mentioned. T i Anderson said he Was not familiar with legal documents and asked Pauly how legal and how binding are they. Pauly said they are a form which is gaining acceptance in the country and said he will do further review to give Council appropriate assurance prior to 2nd Reading. City Council Minutes 18 August 18. 1987 VOTE ON THE MOTION: Motion approved 5-0-0. V. P Y� MENT OF AIMS MOTION: Harris moved, seconded by Pidcock, to approve the Payment of Claims Nos. 36569 to 36906. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye". Motion approved 5-0-0. VI. ORDINANCES & RESOLUTIONS There were none. 3 q VII. PETITIONS_ REQUESTS & GOMMUNICATIONS There were none. Vlll. REPORTS OF ADVISORY COMMISSION There were none. IX. APPOINTMENTS There were none. X. ,REPORTS OF OFFICERS. BOARD$ & COMMISSIONS A. Reggrts,of Council Members 1. Peterson - Discussion on landfill public meeting for 8--19-87 Peterson talked about a meeting with Mr. Jullie and Mr. Rosow last week and the analysis of Ms. Lehman's report which is included in Council's packet. Peterson referred Council to page two of the summary by Mr. Rosow and said that is the tenor of the statement he intends to make at the meeting on August 19th. Peterson said Council was invited by the Metropolitan Council to make comments but doesn't see this as an opportunity to criticize BFI or Woodlake, only to express appreciation for the opportunity to respond and offer public input. City Council Minutes 19 August 18, 1987 Pidcock said she would have liked to have been invited to this meeting last week and it would have been informative to be there. Peterson said where do you draw the line on how many Council people you invite without having a Council meeting. Anderson said the Council will have to reach a position on the expansion of the landfill and it can't be just the Mayor's position or each individual Councilmember's position. Anderson said a statement from the Mayor is fine as long as it is not a statement from the City of Eden Prairie. Anderson suggested there be a Council meeting to establish a position of the Council. Bentley said sooner or later Council will have to take action relative to a proposal but didn't feel Council should assume some posture now before there actually is an official proposal before Council. Harris said it's premature to take a public position and said the summary seems pretty innocuous from scanning it quickly. Harris said she thinks it's important to make a statement at the hearing. Also, any formal statement that represents the City's "position" must be an agreed upon statement that represents all members of the Council. Harris said she's comfortable with the Mayor making a statement in his capacity as an official of the City which doesn't bind the Council in any way to the course of action. Pauly stated he has every confidence in Mr. Rosow being careful not to foreclose any avenues. Peterson said it was not his intent to state the position of the City or City Council, that it's only a statement. Pauly mentioned the meeting on this issue as part of the settlement process and one of the points of that meeting was that this informational meeting be held to discuss the reports prepared by BFI and the City's consultant and obtain further public comment. Pauly said all of this material will go to Metropolitan Council's staff. which in turn will F,repare a staff report and that report will go to the Environmental Resources Committee for review and then on to the full Metropolitan Council for review and approval or disapproval. i Pauly said he's reviewed the summary submitted by Mayor Peterson and it's just a recitation of the history of how the City got to the meeting and it's designed to set the stage for those people who are going to be there and maybe haven't followed this in detail as we all have and views this rt I City Council Minutes 20 August 18, 1987 dr- summary as quite neutral. Pauly said the substantive concerns over the expansion of the project are set forth in Ms. Lehman's report and not this summary. Peterson said he does not have to read the statement and asked if any other Councilmember wished to read the statement at the meeting on August 19th. Pidcock discussed her concerns over the importance of the meeting between the Mayor, Staff and Ms. Lehman and that Councilmembers should have been informed. Harris said it's important to have the summary presented at the meeting since it also outlines the City's role in this process and clarifies several times by people in the community on what the Council is doing for them. Harris said Council should not take a position in public at the meeting on August 19th because Council does not know all the information and what direction it may want to pursue. F Anderson said it disturbed him to have a summary go out without having input into that document and didn't like the idea of lack of communication between Councilmernbers. Bentley said the meeting on August 19th is only a process meeting and not a policy meeting; it's not a meeting where any decisions will be made. Bentley said he had no problem with the Mayor reading the summary and Ms. Lehman making her comments. Bentley replied he didn't think there's been lack of communication, that he's received adequate information relative to the upcoming meeting. z 2. Anderson - Discussion on growth of City_ Anderson mentioned the School Board meeting this evening and the $30 million plus school bond issue. auestioned if rapid growth was really good p for a City. Anderson referred to a comment from Mr. Enger that in five to seven years if we continue to grow at the current rate the City could be filled. Anderson requested a workshop session be setup in October or November with Staff so that Council can find out the projections of where the City is going and what's going to happen. g P } Harris said any review of that nature should also have include legal s review of citing recent court opinions regarding governmental restraints on use of private property. Said she didn't agree with the idea of placing limits on growth outside of market conditions. Bentley said he's concerned about placing governmental control on growth because it's an artificially induced control and it should be market driven. City Council Minutes 21 August 18, 1987 Jullie suggested deferring this item to Staff and let Staff come back in a m couple weeks with some sort of preliminary report addressing the issues in M the process. ¢ MOTION: Anderson moved, seconded by Bentley, to set up a meeting with Council and Staff to look at the future growth of Eden Prairie. Motion approved 5-0-0. 4 r B. ReRgrt of City ana= City Manager Jullie stated he had the 1-494 vided if anyone would like to check it out or take it home. C. Rep2lj of Cily Attorney i City Attorney Pauly talked about the Orrin Thompson case the Minnesota Court of Appeals decided last week that arose in Eagan. Pauly said this case is a reminder that any restrictions that Council deems to be of permanence and importance should be spelled out in a document in traditional form and recorded. Anderson asked about the large amount of property in Eden Praitie that hasn't been deeded over to the City. Pauly said if Anderson is referring to situations where people have promised to make donations to the Eden Prairie Foundation. etc., for tax purposes and also to enhance civic interests, those are not enforceable, they're simply oral promises or indications of intent. D. Rem of D*rgctor of Planning There was no report. E. i There was no report. F. Report ofDirgctgr of Public Works d 1. Review deferment policies or Sg cial Arse ,meentra (Continued from August 4, 1987) Bentley says the approach addresses what Council has been talking about l e City Council Minutes 22 August 18, 1987 but he regrets eliminating the $1,000 credit in favor of excluding parcels from the assessment district. Bentley said he agreed with this item though. MOTION: Bentley :roved, seconded by Anderson, to Approve the policies on special assessment deferments. Motion approved 5-0-0. X1. NEW BUSINESS 9 There was no new business. X11. ADJOURNMENT MOTION: Bentley moved. seconded by Anderson, to adjourn the City Council meeting at 11:25 p.m. Motion carried 5-0-0. 1 I