Loading...
City Council - 04/05/1988 �w APPROVED MINUTES f EDEN PRAIRIE CITY COUNCIL F TUESDAY, APRIL 5, 1988 7 : 30 PM 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 Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lamber, Director of Public Works Eugene A. Dietz, and Recording Secretary sue Anderson PLEDGE OF ALLEGIANCE ROLL CALL : All members present . // I . APPROVAL OF ,AgENDA AND OTHER ITEMS OF BUgINESS MOTION: Anderson moved, seconded by Harris to approve the Agenda and Other Items of Business, as amended and published . Bentley requested to make a brief report on National League of City Conference Under ITEM X .A. t Anderson wanted to comment on the litigation of the State Supreme Court on Bloomington 's action on a law and ask City Attorney about what Eden Prairie can do if it fits in with anything that the City is doing. Motion carried unanimously. II . MINUTES A. Regular City Council Meeting held Tuesday. February 16 , The following change was made : Page 5, ITEM IX .D, paragraph 2 should read : Pidcock nominated . . . . 0 1, g f !i F c i City Council Minutes 2 April 5, 1988 MOTION : { Pidcock moved, seconded by Bentley to approve the Minutes of the City Council Meeting held Tuesday, February 16, 1988 as published and amended . Motion carried unanimously. B . ftSular Cityu c t o held Tuegday, March 1, 1988 The following change was made : Page 11, ITEM X. A, paragraph 4 should read : Harris felt the Council should make a decision as to its position and be prepared when the time arises to make a final decision . MOTION • Pidcock moved, seconded by Anderson to approve the Minutes of the City Council Meeting held Tuesday, March 1, 1988 as published and amended . Motion carried unanimously. III . CONSENT CALENDhe A . C1eXk1s Liggnge Lis& B. E p,al Plat Approval for Bergman Addition ( located west of Rosemary Road and south of Holly Road ) Resolution No . 88- 52 S C. Final Plat Apyrovail_for Jenkins Addition ( located north of Research Road and east of Mitchell Road ) Resolution No . 88-19 D. Final Plat AporZyal fox Starrwgod Addltion ( located north of Research Road and east of Mitchell Road ) Resolution No . 88-53 E. ELnal Plat Approval (Creekview) ( located south of Purgatory Creek, north of Riverview Road and east of County Road 18 ) Resolution No . 88-54 F. Final Plat, ADoroval for Windsong II 2nd Add tign ( located east of Anderson Lakes Parkway and north of Windsong Drive ) Resolution No . 88-55 G. Receive Wakermain ImpXoygments Lane Mitchell He!acing, I .C. 52-451 (Resolution No . 88--56 ) H . Approval of Change OrdeX No . 5 fob Vallgy Vier Rgsld Im2rov mentg ,, I .Q. 1 272 City Council Minutes 3 April 5, 1988 I . 2nd Reading of Ordinance No . 14-88, Amending City Code Y Section 2 11 Subd 1. and Adopting by Refee City Code Chapter 1 and Sect S on 2 99, which among Other Things �gntain PenAlty P ovisions ( Board of Adjustments and Appeals ) J . Resolution No . 88-57, Proclaiming April as Cable Te lcvvii on Month K. JXNKINS ' ADDITION by John Jenkins . 2nd Reading of Ordinance #60-87, Rezoning from Rural to R1-13 . 5 on 5 . 61 acres; Approval of Developer ' s Agreement for Jenkins ' Addition; and Adoption of Resolution 188-13, Authorizing Summary of Ordinance #60-87 and Ordering Publication of Said Summary. 5 . 61 acres into 2 lots and one outlot . Location : North of Research Road, south of Ridgewood West . ( Ordinance #60-87, Rezcning; Resolution #88-13, Authorizing Summary and Publication) L. CREEKVIEW by Brown Land Company (Bell Oaks Fist Addition) 2nd Reading of Ordinance #8-88-PUD-1-880 Rezoning from Rural to PUD-1-88-R1-13 . 5; Approval of Developer 's Agreement for Creek vies; and Adoption of Resolution #88- 41, Authorizing Summary of Ordinance #8-88-PUD-1-88 and Ordering Publication of Said Summary. 78 . 22 acres with PUD variances, Zoning District Change from Rural to Rl 13 . 5 on 60 . 15 acres, Preliminary Plat of 78 . 22 acres into 93 single family lots and 2 outlots . Location : South of Bluffs East 4th Addition, north of Riverview Road . (Ordinance 88-88-PUD-1-88; Resolution #88-41, Authorizing Summary and Publication) M. Rya rgst for Grading Permit by Sr,!2t t B.rau,► 16201 Pioneer TXai1,, to fill and level his vary area N . Aiith9_rization fQr Roof pair at 8950. Eden Pr!girie Road a d O. Radl2s ate! PQlig2 Parking Lot $ P . Chang Orde;- No . 2,` Fire Station Cont ac^ M.QT I ON : Harris moved, seconded by Pidcock to approve items A-P on the Consent Calendar . Pidcock stated that she felt uncomfortable with Item J and requested reasoning for it being put in at this time . Bentley replied that April has been declared National Cable month and all communities are recognizing it . Peterson added that the Governor has declared this as well . City Council Minutes 4 April 5, 1988 Harris requested a brief statement from Mr . Jullie regarding Item P, Change Order, as to negotiations taking place for a lower financial commitment. Dawson replied that some question has arisen to the extent of the City's cost commitment to safeguard a power pole at the Fire Station # 4 . The City maintains that the system currently provided is adequate and NSP believes a more elaborate system is necessary. The City is trying to negotiate its financial commitment to be for what was provided Initially, and to have NSP pick up the difference . Motion carried unanimously. IV. PUBLIC HEARINGS A. Street and Utility Improvements on Goldgn Triangle Drive , l C. 52--110 (Resolution No . 88-33 ) Continued from March 1, 1988 5 City Manager Jullie stated that this item was continued from the March 1, 1988 Council meeting . At that meeting, Hoyt Development requested that the project be ordered, but Helle Development, which abuts the property in question and has a contractual obligation to build the roadway, requested the Council delay its decision to order the improvements. It was hope that Mr . Helle would find a buyer for his property during the interim, but a letter f received from Mr . Helle 's representative this afternoon l indicated that a purchase agreement was not consummated . Mr . Helle wished to go on record that he believed his r property would not be benefited from this road improvement, he was not prepared to dedicate land to the City, and he was not supportive of any type of assessment to his property. To order this project, four affirmative votes would be required from the Council . Jullie summarized the project as a 300 ' long street with some watermain construction necessary and having a sidewalk . Dietz showed graphics of the project area . The projected cost are $116, 000 due to the significant amount of grading. Dietz reviewed th proposed assessment method . Dietz stated that because of the request by Mr . Helle 's attorney, the project was behind schedule . As Mr . Jullie stated if Mr . Helle did not agree to the road right-of-way assessment, the City expected to pursue condemnation of the right-of-way, causing another 30-to 60-day delay. Brad Hoyt, Technology Associates, proposed that if the 50 ' high hill of dirt is causing the increased cost he would be willing to remove the dirt at his expense . Dietz stated that this would solve the problem, but determining City Council Minutes S April 5, 1988 the value of the dirt and proceeding through condemnation Is still required . Bentley asked Dietz if Staff and Hoyt were in agreement on the assessments at this time . Dietz replied Hoyt had stated he is not in favor of the assessments, but his offer to remove and buy the dirt could be in lieu of those assessments and that could be satisfactory. Bentley then stated that the Resolution as it stands would still Indicate an assessment and would have to be negotiated at a later date . Dietz replied this would be resolved at the assessment hearing . There were no further comments from the audience . MOTION • Anderson moved and seconded by Pidcock to close the Public Hearing and adopt Resolution #88-33 . Motion carried unanimously. 2 B. WOODDALE CHURCH, by Wooddale Church, Request for Planned , Unit Development Concept Amendment on 31 Acres, Planned Unit Development District Review and Zoning District Amendment with the Public Zoning District on 31 acres with variance for structure height to 200 feet, and Environmental Assessment Worksheet Review for the construction of 200, 000 square feet of church and educational uses . Location: Southwest corner of Shady Oak Road and Bryant Lake Drive . (Resolution #88-43, PUD Concept Amendment to Overall Wooddale PUD Concept; Ordinance 015-88, Amending Ordinance #81-27 within the Public District; Resolution #88-44, Submitting Finding of No Significant Impact for Environmental Assessment Worksheet ) Jullie stated that notice of this Public Hearing was sent to owners of 25 surrounding properties and published in the March 23, 1988 issue of the Eden Prairie News . The proponent seeks PUD Concept Amendment on approximately 31 acres, PUD District Review on the acreage with variances for building height and spire height, Zoning District Amendment within an existing zoned Public District, and Review of an EAW for construction of a new parking facility for more than 1, 000 vehicles . The property in question is located south of Shady Oak Road and west of Bryant Lake Drive . Ken Betker, Chairman of the Wooddale Architectural Task Force presented the history of the Church, its place in the community and its growth. John Uban made a presentation and spoke of the changes made through Staff and Commission recommendations as well :i City Council Minutes 6 April 5, 1988 as the traffic study. Uban stated the issues that are still in contention are : the steeple, and the height of that addition to the building. Uban commented that they looked at the position of the Church in the community and perceived it to be in the center , acting as a gateway element into the city. It was trying to do something the community would be proud of . The area surrounding the Church contains a regional park, housing, a lake, and a Junk yard . The high hill with mature oaks will be preserved as it now creates a buffer from the junk yard. The Proponent found the Church being confused with other buildings in the area and wanted something to distinguish It as a Church . Uban presented drawings showing that the facility barely would be seen from the roadway system . As a result of these studies of elevation and view, the . Church concluded it wanted to have a feeling of presence in the community, striving for moral and spiritual values . Proponent realized it would have to meet special conditions : the upper 125 feet not be occupied, and it K would not have any flashing lights . Enger reported that this item was reviewed by the Planning Commission at its February 22, 1988 meeting and again at its April 4, 1988 meeting . The Commission has several concerns : the height of the proposed structure, the a parking ramps needing to be concurrent with building construction, non-compliance of exterior building material, the massive vegetation changes, the physical mass of the church as it relates to adjoining property, the need for improved internal circulation. The Church since has changed the site plan and is now requesting specific approval of Phase III . It is not requesting Final Approval for IV & V . A parking, traffic and circulation study has been done . This item had not been reviewed by the Parks, Recreation & Natural Resources Commission at this time . Lambert commented on importance of the trail connection to the regional park being completed during Phase IV & V and recommended placing a time frame on this issue . E Harris requested clarification on what is to be done in Phase IV & V . Proponent replied Phase III builds the sanctuary; Phase IV is enlarging parking area, a court yard and gym; Phase V is a corridor which comes out to the pond and small chapel . Pidcock inquired about timing on the project . Proponent ( replied that project would complete by 2005 . 1. City Council Minutes 7 April 5, 1388 Pidcock then asked how lighting would work on tower . Proponent replied lighting would be no brighter a source than from offices in the background . Lights would be shrouded . Jerry Steelman, 6601 Golden Ridge Drive, stated the Church is an asset to our Community; however, his main concern was height of building and its esthetic value . Mitch Wonson, 14007 Holly Road, stated concern about size and height of proposed structure . This would be the tallest structure in the City. He expressed concern about precedent to be set if variances were granted . He asked if religious institutions should have different rights than other property owners . Janet Gerecke, 6022 Golden Ridge Drive, stated concern y about the height of building . She also commented that the y Church is a good neighbor . Kent Molde, 7040 Willow Creek Road, requested clarification on parking ramp phase . Proponent replied it is looking at a one-ramp parking deck . Mr . Molde then Inquired about the bus garage . Proponent responded . stating that a City ordinance requires buses be enclosed in a garage . Mr . Molde pointed out that the buses are currently parked outside and suggested more berming and screening of open area where buses are parked . Vicky Windfeldt, 6621 Golden Ridge Drive, stated that the church is located in her backyard, and she has watched the development of the church since its inception . The church does not look like a church, however, and could be mistaken for a school . She believed the church should look like a church . Mrs . Windfeldt wished to go on record as favoring anything the church wished to do on this particular project . Peterson commented that this project touches a very subjective area . He would not like to see any structure dominate the skyline; however, he did not feel a 200-foot spire would obstruct the skyline . Bentley stated he could not envision the structure without a steeple, that it would look incomplete . The Council had already approved building equally as tall . Bentley stated concern about the visual impact from the Golden Ridge area . Enger replied that the proponent and neighbors might pursue an individual look at yards . Uban stated they would be willing to work with the neighbors on this issue . City Council Minutes 8 April 5, 1988 Harris stated this is a subjective Judgement . She believed that what makes cities interesting is not ( uniformity in color of buildings or height of skyline, but appropriate variances of each and that the spire while visible from many places in Eden Prairie may be no less obtrusive than the IDS Building, which is also visible . Pidcock stated her comfort with the spire , but did have a problem with the lighting. Proponent stated lights would be on a timer and willingness to work out a reasonable schedule with the neighbors . Bentley stated that concerns about screening and bus parking issues should be dealt with before 2nd Reading . There were no further comments from the audience . MOTION : Pidcock moved, seconded by Harris to close the Public Hearing and adopt Resolution. No . 88-43 approving the PUD Concept Amendment to the overall Wooddale PUD concept . Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to approve lst Reading of Ordinance No . 15-88 to amend Ordinance No . 81-27 within the Public District . Motion carried unanimously. MOTION I Pidcock moved, seconded by Harris to adopt Resolution No . 88-44 to submit a Finding of No Significant Impact for the Environmental Assessment Worksheet . Motion carried unanimously. MOTION : Pidcock moved, seconded by Harris to direct Staff to ` prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions and concerns . Motion carried unanimously . C. THE FARM 2ND ADQ_ITION by Countryside Investments, Inc . Request for Zoning District Change from Rural to R1-13 . 5 on ' 1 . 95 acres and from Public to R1-13 . 5 on 4 . 7 acres, and Preliminary Plat of 30 acres into 17 lots and 1 outlot . Location : North of the intersection of Duck Lake Trail and Loralee Lane . (Ordinance 016-88, Rezoning: Resolution #88-45, Preliminary Plat ) s Jullie stated that notice of this Public Hearing was sent to owners of 97 surrounding properties and published in CityCouncil Minutes e 9 April 5, 1988 the March 23, 1988 issue of the Eden Prairie News . The overall proposal would have a 6 . 5 acre tract divided into 16 single-family lots with R1-13 . 5 Zoning . The Plat consists of an entire 30-acre tract which is owned by King x of Glory Church and the Severson Family. Lot 17, containing approximately 12 acres, would continue under the ownership of the church . The outlot, which contains about 11 . 5 acres and is within the Purgatory Creek floodplain, is proposed to be dedicated to the City. Ron Krueger made the presentation for the proponent . Enger stated this item was reviewed by the Planning Commission at its March 14, 1988 m�:e ting, and it was recommended for approval on a 6-0 vote . Enger reported that all revisions have been made per Staff recommendations . Before Final Plat approval proponent would provide necessary stoma water runoff details, before Building Permit issuance proponent would be required to pay the cash park fee, and prior to Grading Permit proponent would need to notify City and watershed district of placement of erosion control and fencing. Lambert reported that The Parks, Recreation 6 Natural Resources Commission reviewed this item at its March 21, 1988 meeting and recommended approval on a 7-0 vote . Anderson stated that there was a large floodplain in that area and asked if as more development occurs, can areas be preserved for access by the public. Lambert replied there will be a trail easement across the floodplain area . A nature trail would be connecting Dell Road to Duck Lake Road . There is also a possibility of trails connecting to the south to the church property. Anderson then inquired if there would be access through the: church property. Lambert stated that proposing that the church provide an access across its property has not been recommended . . Anderson then stated concern about the church being able to deny access across its property at any time and the current lack of access to this area. Lambert replied if this is a concern, he suggests requiring a trail easement across church property. f There were no further comments from the audience . s MOTION: Bentley moved and seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No . 16-88 for Rezoning . Motion carried unanimously. T a City Council Minutes 10 April 5, 1988 MOTION • Bentley moved and seconded by Pidcock to adopt Resolution No. 88-45 approving the Preliminary Plat . Motion carried unanimously. MOTION. Bentley moved and seconded by Pidcock to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, including the negotiation of a trail easement with the church. Motion carried unanimously. D. GQLF POINT by Associated Investments, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 2 . 8 acres, Zoning District Change from Rural to RM-6 . 5 and Preliminary Platting of 2 . 8 acres into 15 lots and 1 outlot for construction of 15 townhouse units . Location : South of Valley View Road, east of Chicago & Northwestern Railroad . (Resolution #88-46, Comprehensive Guide Plan Amendment; Ordinance #16-88 , Rezoning; Resolution #88-47, Preliminary Plat ) Jullie stated that notice of this Public Hearing was sent to 'owners of 20 surrounding properties and published in j. the March 23, 1988 issue of the Eden Prairie News . Tom Robertson, Associated Investors, Inc . presented the project . Robertson stated his concern that to complete this project depends on the valley View Road alignment allowing the project the necessary land to meet the requirement of the RM-6 . 5 Zoning District. Robertson further stated that proponent has had the property for some time and has been unable to use it. Proponent understood that if there were a major change to Valley View Road, it would have to go back to the Planning Commission for review. Enger reported the Planning Commission reviewed, this item at its March 14, 1988 meeting and recommended approval on a 6-0 vote . k Enger stated that this item should not be given a Second Reading until the Valley View Road issue is resolved . Lambert reported that this item was reviewed by the Parks, Recreation & Natural Resources Commission at its March 21, 1988 meeting and recommended for approval on a 7-0 vote . e i City Council Minutes 11 April 5, 1988 Anderson stated concern for a project to be built in this area knowing there is a flood potential, and suggested i receiving recommendations from Watershed District . Robertson replied that he has no problem with this and is willing to raise the level of the area . Bentley inquired if this property was guided in the original PUD as low-density residential . Enger replied he did not recall the original designation, , but it was now shown as lov-density residential . Bentley then questioned If this property was envisioned as part of the Edenvale Open Space Area . Enger replied he was not sure, but he would check . There were no further comments from the audience . MQT I ON: Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No . 88-46 for the Comprehensive Guide Plan Amendment . Motion carried unanimously. s !f }�QTTON : Harris moved, seconded by Pidcock to approve Ist Reading of Ordinance No . 16-88 for Rezoning , Motion carried unanimously . MOTrON Harris moved, seconded by Pidcock to adopt Resolution No. 88-47 approving the Preliminary Plat . Motion carried unanimously. MOTION • Harris moved, seconded by Pidcock to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions, Including delay of the Second Reading until the matter of how Valley View Road is to be constructed acid vacated . Motion carried unanimously. r E. 9r2EN PLACE CENTER by Prairie Entertainment Associates . Request for Planned Unit Development Concept Amendment and Zoning District Amendment within the C-Reg-Ser District on 6 . 42 acres and Preliminary Platting of 6 . 42 acres into I lot for construction of 52, 000 square feet of retail and restaurant use . Location : West of Glen Lane, south and east of Eden Road . (Resolution #88-48, PUD Concept Amendment to Overall Eden Glen. PUD; Ordinance #5-88, City Council Minutes 12 April 5, 1988 Zoning District Amendment; Resolution #88-49, Preliminary r .9 Plat ) a Jullie stated that notice of this Public Hearing was sent to owners of 23 surrounding properties and published in the March 23, 1988 issue of the Eden Prairie News . Brian Cluts, made a presentation for proponent . Proponent requested a PUD amendment for site which was originally proposed for restaurant and cinema use . The project is now proposed as one restaurant and retail space of 52, 000 SF which has met all Planning Commission requirements as far as parking and tree replacement . Proponent has introduced sidewalks and presented exterior material for approval by Commission. Proponent wishes to proceed with project in a timely fashion. Norman Brody stated he is negotiating with two tenants, Fred G. Anderson and Best Buy. Dan Danford, President of Ciatti 's Restaurant, stated it Is his intent to be a tenant, opening sometime in September . Ciatti 's has formalized a commitment, having a lease agreement and letter of intent . g Enger reported the Planning Commission reviewed this item a at its March 14, 1988 meeting and recommended approval on a 6-0 vote subject to the following recommendations : 1 ) Color samples and exterior materials be submitted, which has been done . 2) Revise plan to indicate sidewalks . 3 ) Before Final Plat approval provide detailed utility and storm water run-off and erosion control plans . 4 ) Provide signage plan. 5) Provide lighting details . 6 ) Submit plans for review by the City Fire Marshal . 7 ) Prior to Grading permit issuance, stake the construction limits with snow fence and replace any trees lost per tree preservation policy. Enger further reported that the signage, lighting, and grading details have not been firmed up. The restaurant is a critical part of the PUD and provides a needed service to the community. Retail alone would not be P appropriate and would contribute to an overbalance of retail in the PUD; therefore, if the restaurant were taken out the proponent would be required to return to the Planning Commission . Lambert reported that the Parks, Recreation & Natural Resources Commission reviewed this item at its March 21, 1988 meeting and recommended approval on a 7-0 vote . Pidcock stated concern that this plan looked like a strip I mall and she wished to see more outdoor planting around the entrance to restaurant . Proponent replied that it has City Council Minutes 13 April 5, 1988 Increased the plaza area and an outside seating area is planned for summer months . Bentley commented on importance of Planning Commission 's recommendation that a major restaurant is critical and a firm commitment from a major restaurant be in place before the project can proceed . Bentley questioned the western elevation of building as viewed from the west : its screening, way the loading docks are to be handled etc . . Proponent replied berming will be used for screening and it is proposing a single entrance . The same architecture and signage would be present in the rear of building as in front . 4 Bentley asked for clarification from Enger on signage issue . Enger replied that in a building like this one, the signage can change the entire appearance of the building . A sign package is not proposed at this time . Bentley then inquired what Enger would suggest . Enger replied that if Council had this concern for the project be carried over in order to provide the signage information, or if Council was comfortable with progress at this time, the information could be provided between 1st and 2nd Reading . Peterson stated concern about compatibility of this project and downtown project, and about the timing of this proposal . There were no further audience comments . MOTION: Anderson moved, seconded by Bentley to close the Public Hearing and adopt Resolution No . 88-48 for the PUD Concept Amendment to the overall Eden Glen PUD. Motion carried unanimously. MOTION • Anderson moved, seconded by Bentley to approve 1st Reading of ordinance No . 5-88 approving the Zoning District Amendment . Motion carried unanimously. MOTION: Anderson moved, seconded by Eentley to adopt Resolution No . 88-49 approving the Preliminary Plat and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and that the signage issue be resolved prior to 2nd Reading. Motion carried unanimously. l City Council Minutes 14 April 5, 1988 i fff 9 F . _ALPINE ESTATES 2ND ADDITION by Red Rock Heights Partnership . Request for Zoning District Change from R1- 13 . 5 on 8 . 4 acres with lot depth variances to be reviewed by the Board of Appeals, Preliminary Platting of 8 . 4 acres into 11 single-family lots and road right-of-way. Location : East of Alpine Trail , South of Chicago, Milwaukee, St . Paul & Pacific Railroad . (Resolution #88- 50, Denial. of Second Reading of ordinance 20-87; Ordinance #6-88, Rezoning; Resolution #88-51, Preliminary Plat ) Jullie stated that notice of this Public Hearing was sent to owners of 43 surrounding properties and published in the March 23, 1988 issue of the Eden Prairie News . Bill Gilk, representing Red Rock Heights Partnership, made a presentation requesting rezoning from R1-22 to R1-13 . 5 for 16 lots . The major changes from the original proposal are a reduction in the required amount of imported dirt by 1/3, the tree loss, and the intrusion into a sizeable i hill . i Enger reported that the Planning Commission reviewed this Issue at its March 14, 1988 meeting and recommended approval on a 6-0 vote . Enger pointed out that 21, 000 cubic yards of dirt would be required to be brought in by the developer and not by individual builders, and the x developer had agreed to do this. Retaining wall would be required in 3-4 northeastern lots . Lambert reported that this item was reviewed at its March 21, 1988 meeting and was recommended for approval on a 7-0 vote . Anderson asked Mr . Lambert if there was a floodplain adjacent to this area . Lambert replied yes . Anderson wants to be assured provision will be made for a future trail . Gilk commented that an official public trail was not there . The trail currently there is on private property, created and designed for owners enjoyment . Peterson questioned the time needed to haul the dirt . The 90-day time limit would require a minimum of 15 vehicles per day, seven days a week . 120 days were requested . He asked how the impact on residents in the area could be reduced . Gilk stated that the original requirement had been reduced by 1/3. His concern was the safety of residents, and believed trucks would have to slow down. There were no further comments from the audience . i city Council Minutes 15 April 5, 1988 MOTION : Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No . 88-50 stating denial of 2nd Reading of. Ordinance No . 20-87 . Motion carried unanimously. MQr I ON : Harris moved, seconded by Pidcock to approve 1st Reading of Ordinance No . 6-88 for Rezoning . Motion carried unanimously. MOT I ON Harris moved, seconded by Pidcock to adopt Resolution No. 88-51 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council concerns regarding trail connection . Motion carried unanimously. V. PAYMENT OF CLAIMS MQTION: y: s Bentley moved, seconded by Pidcock to approve the Payment of Claims Nos . 41349 to 41753 . Roll call vote : Anderson, Bentley, Harris, Pidcock and Peterson voted "aye" . Motion carried unanimously. VI . ORDINANCES & RESO,,LUTI NS VII . PETrTIQ„Ng . REQUESTS 6 COMMUNICATIONS A. FLUNG LOUD OFFICE WAREHOUSE CONDOMINIUM by Eugene M. Branstrom. Request for Site Plan Review within the I -2 District on 2 . 29 acres for construction of a 9,848 square foot office/warehouse . Location : South of Pioneer Trail at Yorkshire Lane, North of County Road N 1 . Jullie stated that notice of the Council 's consideration of this matter was sent to owners of 58 surrounding properties and published in the March 23, 1988 issue of the Eden Prairie News . The proponent seeks approval of a Site Plan Review within a I -2 District for construction of p a 9 ,848 square-foot office/warehouse building. Enger stated that Mr . Eugene Branstrom was available for any questions . Proponent was proposing a sister building to one already existing and planned for in the original zoning . Enger further stated that the Planning Commission reviewed this item at its March 14, 1988 meeting and r recommended approval on a 6-0 vote. t City Council Minutes 16 April 5, 1988 There were no further comments from the audience . htOT I ON Bentley moved, seconded by Pidcock to approve the Plan based on the Site Plan Review . Motion carried unanimously. H. REQUEST OF NEW RINK MMITTEE A "New Rink Committee" has requested that the City Council consider the construction of a second indoor ice rink in Eden Prairie . Two letters supporting such construction had been sent . MOTION Pidcock moved, seconded by Bentley to continue this item until after completion of the Comprehensive Park Plan. VIII . REPORTS OF ADVISORY COMMISSIONS IX . APPOINTMENTS A. APPOINTMENT OF TWO MEMBERS TO THE HOARD OF ADJUSTMENTS & APPEALS Under Item III . I . of the Consent Calendar , the Council expands the numbers to this board from seven to nine . The two seats on the Board would have terms of two and three years . F Harris nominated Michael Bozonie . Pidcock nominated Scott Anderson. MOTION : Bentley moved, seconded by Pidcock to close the nominations and cast a unanimous ballot for Michael Bozonie and Scott Anderson. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock relative to previous motion, Scott Anderson be given the two-year and Michael Bozonie be give the three-year term. Motion ^arried unanimously. X. REPORTS OF OFFICERS. BOARDS S COMMISSIONS A. Reports of Council Members Bentley commented on memo he prepared relative to the recent National League of Cities Conference in Washington, DC . He believed it was an excellent conference . He recommended the City become a member of the National League of Cities . fi a City Council Minutes 17 April 5, 1988 Pidcock reported on the article in the New York Times Indicating Eden Prairie as a fast growing suburb . Bob Lambert was quoted in this article . Anderson questioned the significance of the Minnesota Supreme Court regarding the Bloomington case . Mr . Pauly stated he will review this and report at a future meeting . B . R?gggt of City Mynager 1 . Discussion on Devel!22ment Pha„sing Council received the City Manager ' s memorandum on this matter . No action was required. 2 . Discussion on Downtown Area Plannincz 140T I ON: 3 Bentley moved, seconded by Harris approval of the direction of the City's role in the Planning of Downtown Area . Motion carried unanimously. 3 . City PArt1c jpati!2n in T H, 5 ergiect ` MOTION : (� Pidcock moved, seconded by Harris to delay this item until Mr . Jullie met with this group next week . Bentley asked if dollars were committed at this point . Jullie responded no . The City would have to return with a joint powers agreement . Motion carried unanimously. C. RpQxt of Qlty AttorDsX D . FteDort of Director of 1s1nnina No Report E. B§20rt of Diectoz of Community services Services . MQ.TIQN: Pidcock moved to continue this item to next meeting. j Motion died for lack of a second . CityCouncil Minutes 18 April 5, 1988 MOTION : K Bentley moved, seconded by Anderson to approve revisions to contract . Pauly requested Item 9 . 10 . 7 to read as follows : Give prompt written notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any development that affects the timing of the CONSULTANT services . M,OT I ON Bentley moved, seconded by Anderson to amend previous motion and to strike from Section 9 . 10 . 7 the language, "any defect in the: work of the CONSULTANT. " Motion carried unanimously. F. Report of Director of Public works No Report f 8 G. ftgort o Finance Director 8 p f XI . NEW BUS,Ik1Eh1S XII . ADJQUENMENT MOTION: Pidcock moved, seconded by Harris to adjourn the meeting at 11 : 58 PM. Motion carried unanimously.