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City Council - 12/20/1988 EDEN PRAIRIE CITY COUNCIL hPP„ROVED MINUTES TUESDAY, DECEMBER 20, 1988 7 : 40 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCILMEMBERS : 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 Paul , Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director 7f Public Works Gene Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: All Members Present A presentation of the keys to the City and a plaque were made by Mayor Peterson to Councilmember Bentley for his many years of service . All the Councilmembers expressed their appreciation of Councilmember Bentley's expertise over the years . Bentley stated that he appreciated having the opportunity to serve the community. tttt' Y I . APPROVAL QE AGENDA AND OTHER ITEMS OF BUSINESS MOTION• g Anderson moved, seconded by Harris to approve the Agenda as amended . ADDITIONS• ADD Item X .A. I. Happy Hour Sign at Ciatti 's . ADD Item X .A. 2, Frequency of Power Outages . ADD Item X.A. 3, Recycling Program a Process . ADD Item X.B.3, Purchase Agreement for Purgatory Recreation Area Entrance. Motion carried unanimously. I I . M I NUTS�R III . QNsENT QALED$►R A . Clerk ' s License List i City Council Minutes 2 December 20, 1988 B . Final Plat hpprova i for Bell Oaks Second ( located north of Riverview Road in the north half of Section 36) Resolution No . 88-280 C. axtial Re eaoe of Special Ag.,sgA"_ent for Lot 2. Block 2. Buffs East 4th Addition (Resolution No . 88-301) D . final Plat A2prov!21 of Chestnut Place ( located west of Anderson Lakes Parkway and north of Chestnut Drive ) Resolution No . 88-300 E. Regivg fstit lon and Oren Fggsibi lity Report for the Improvement of Riverview Road in Section 36, I .C . 52-151 (Resolution No . 88-302 ) F. Einal Plat A2groval (Resolution No . 88-303 ) G. SUTLIFF PEOREM. 2nd Reading -of Ordinance No. 53-88, Zoning District Change from Rural to R1-13 . 5 on 0 .95 acres; and Adoption of Resolution No. 88-287, Authorizing Summary of Ordinance No . 53-88 and Ordering Publication of Said Summary. Location: 7070 and 7080 Eden Prairie Road . (Ordinance No . 53-88, Rezoning; Resolution No. 88-287, Authorizing Summary and Publication) y H. MTS SYSTEMS CORPORATION ADDITION by MTS Systems Corporation. 2nd Reading of Ordinance No . 55-88, Zoning . District Change from Rural to I-5 on 36 . 8 acres; Approval of Addendum to Developer 's Agreement for MTS Systems Corporation Addition; and Adoption of. Resolution No. 88- 288, Authorizing Summary of Ordinance No . 55-88 and Ordering Publication of Said Summary. 85, 200 square foot addition to the MTS building. Location : South of Highway #i5, north of Technology Drive, west of Purgatory Creek . (Ordinance No . 55-88, Rezoning; Resolution No. 88-288, Authorizing Summary and Publication). I . SHERWIN-WrLLIAMS by Nirtanen Clark Larsen Architects, Inc . 2nd Reading of Ordinance No. 54-88, Zoning District Change from Rural to Commercial Regional Service on 1.01 acres, with variances to be reviewed by the Board of Appeals; Approval of Developer ' s Agreement for Sherwin-Williams; and Adoption of Resolution No. 88-289, Authorizing Summary of Ordinance No. 54-88, and Ordering Publication of Said Summary. 1 . 01 acres for one lot for construction of a retail paint store . Location : Along Plaza Drive in front of Menard ' s Center . (Ordinance No. 54-88, Rezoning; Resolution No . 88-289, Authorizing Summary and Publication) (R, E,MQVED FROM THE AGENDA) q f S City Council Minutes 3 December 20, 1988 MOTI ON Bentley moved, seconded by Harris to approve the Consent Calendar as amended with the deletion of Item I . Motion carried unanimously. I V. PUBLIC }HEARINGS A. ELI" SHORES . (Continued from 12/13/88 ) Resolution No. 88- 294, Approving Housing Plan for Elim Shores 1OTI 0 Bentley moved, seccnded by Harris to continue the Public Hearing to the January 3, 1989 City Council meeting. Motion carried unanimously. B . ELIK sHjQRRES . Tax Increment Financing Plan (Resolution No . 88-29 5 ) Continued from 12/13/88 MOTI ON Bentley moved, seconded by Harris to continue the Public Hearing to the January 3, 1989 City Council meeting . Motion carried unanimously. C. OFFICIAL MAP, T.N . 212 (Ordinance No. 63-88) i Jullie reported that notice of this Public Hearing had been properly published and sent to the owners of affected properties . x Dietz presented the proposed official design for Highway #212. Dietz stated that full access was proposed at Prairie Center Drive and that Technology Drive would be relocated . He added that he would like to preserve the possibility of a ramp for the east bound traffic on Highway #212 . A change which would be required was the • exclusion of the 2.6 acres owned by the Carpenter Land Company which was originally proposed to be acquired . Dietz explained which properties would be eliminated by proposed construction. Highway # 212 and County Road #5 would be combined from I-494 to Mitchell Road where the roads would separate . Dietz stated that Staff had requested MnDot to have the access at Wallace Road be changed from Highway #212 and directed to County Road 15 . Highway #212 would be a freeway design with County Road #5 providing more of the local access needs . Dietz added. that access to and from west bound Highway 05 would be the most appropriate . The Eden Prairie School District would need local access at Wallace Road . Dietz noted that MnDot would acquire the 2 industrial lots to provide better access to the Wallace Road area . The School District would lose many of the amenities at the school . A full City Council Minutes 4 December 20, 1988 interchange was proposed at County Road #4 . Dietz stated that the process would be to approve the 1st Reading of Ordinance No . 63-88, the 2nd Reading would be scheduled for. January, and then the Official Map would be recorded with the County. Dietz added that the recording of the Official Map would enable the property owners to apply for Right-of way Acquisition Loan Fund through the City. Dietz explained the details of the acquisition loan process. Fred Hoisington, representing the Eden Prairie School District, stated that the school would lose approximately 21 acres of land and added that the school could not operate with this loss unless the land was replaced . He said the Eden Prairie School District was in the process of formalizing a plan for functional replacement of the land. The School District was requesting MnDot to acquire the entire residential area known as "the School Addition"; however, he added there was not enough property In the residential area to supply the school 's needs . Hoisington noted that 3 additional lots could be needed along Wallace Road. The School District had proposed three alternatives to MnDot for the land replacement . He noted that the School District was not opposed to the Official Mapping and added that the School District recognized the importance of the road improvements to the Southwest Corridor . Hoisington stated that the School District could ask that the map be amended to allow 3 additional properties on Wallace Road to be acquired in two to three years. Harris asked how many 4Lcres were involved in the land acquisition . Hoisington replied that the School District was losing 21 acres and receiving 27 acres; however, the land being received in exchange was not as good as the property being lost due to the land topography. Harris then asked if the school would be provided easy access to its property. Hoisington replied that the property would be easily accessible . Anderson asked what the acreage requirement was for the middle schools . Hoisington replied that the School District would have a total acreage of approximately 55 acres, which he believed would meet the State requirements . Peterson asked if the three additional properties on Wallace Road could be flagged at this time on the Official Map. Dietz replied that Staff could circulate a memorandum in-house; however, he did not recommend including them as part of the Official Map at this time . Dietz added that all three properties had existing structures and were currently useable . F City Council Minutes 5 December 20, 1988 Dietz stated that the 1st Phase from I -494 to County Road M4 was scheduled to begin in 1993 at an estimated cost of $36, 000,000 . He added that the cost estimates had significantly increased since the original estimates and questioned when funding for the project would be available . Bentley asked Dietz for clarification on the City's responsibility to obtain the rights-of-way. Dietz replied that the legislature funds approximately $1, 000, 000 per year for land acquisition and the City would work with the property owners to obtain the funding . Dietz explained the process by which the property owners would bring the Information to the City and the City would formulate the information for presentation to the Metro Council and MnDot. Dietz noted that the Metro Council would make the final determination. b Dietz stated that Eden Prairie would be the first City to adopt the Official Map. Verlaine Miller, 8059 Kentucky Avenue South, stated that she had made the first application for the hardship funding. Miller said that the Miller family owned 34 acres which had been on the usarket for over 5 years . Miller added that two of the Miller brothers had passed away and their estates were currently being held up due to the uncertainty of this land . She believed it was important for the Official Map to be approved not only for the Miller family but for the City of Eden Prairie . Steve Wagner, 8430 Eden Prairie Road, asked if city roads would be included in the official upping and noted special interest in Scenic Heights Road . Dietz replied that the official map would not include city streets with the exception of the areas where the city streets needed to be aligned to facilitate the construction of Highway #212 . He added that there would be some flexibility in the alignment of Scenic Heights Road . Walter Carpenter, Carpenter Land Company, thanked City Staff for working with MnDot in the behalf of the Carpenter Land Company. Carpenter questioned the impact on the southeast quadrant of his property if there was the potential for an "on ramp" and what would happen in the interim. Dietz replied that the intersection at West 78th Street and Technology Drive was the main problem. Dietz noted that MnDot had not approved an "on ramp"; however, he would like to see the land preserved to provide for this possibility. Carpenter stated that he was concerned that his property would be in limbo until 1993. Dietz stated that design work was continuing and he hoped a decision from MnDot would be forthcoming before 1993. Carpenter believed that the "on ramp" was a positive City Council Minutes 6 December 20, 1988 solution for the City's problem, he would like to have more definite answers as to the possible impact on his property. Carpenter added that the realignment of Technology Drive would have a significant impact on the Carpenter property. Dietz replied that the preferred alignment for Technology Drive would be the most northern alignment . Richard Feerick, 7103 Interlachen Court, stated that he strongly recommended Staff 's design for the total Intersection and ramp at West 78th Street and Technology Drive . He believed having east bound access at this -location was vital to Eden Prairie. Bill Gilk, 15801 Scenic Heights Road, stated opposition to the Official Map. He stated that he had purchased several pieces of property in this area which would be directly Impacted by this project . x Tim King, representing Metropolitan Federal Bank, owners r of the Pheasant Run office Complex, stated that the marketing of the property was becoming increasingly difficult and believed the Official Mapping would impede the marketing of the property. Dietz noted that the Land Acquisition Funding was for homesteaded properties only. MOTION: Harris moved, seconded by Bentley to close the Public Hearing and approve lst Reading of Ordinance No . 63-88 for the Official Map of T.H . 212 to include the amendment regarding the exclusion of the 2 . 6 acres from the Carpenter Land Company„ Bentley stated that the process would be a long one; however, if the project was going to move forward the City needed to start the process . Bentley added that the road was necessary, but questioned if it would ever become a reality. Bentley asked Dietz if it would be difficult to amend the Official Map once it had been recorded with the County. Dietz replied that if requests weze reasonable it would not be difficult, but if requests were controversial it could be more difficult. Harris asked if a public hearing would be required to amend the Official Map. Dietz replied a public hearing would be necessary. 6 Anderson asked if there would be a commitment from the State once monies had been spent .and was there a time frame proposed . Dietz replied that there was no commitment or time frame . Dietz added that an Environmental Impact Statement was to be completed by the end of 1989 . Anderson stated that he was concerned about City Council Minutes 7 December 20, 1988 the difficulties of the property owners while everything was undecided. Dietz replied that there would be problems for development of the properties with or without the Official Map being approved . Peterson believed that the land being taken away from Eden Prairie and the other communities could be put to better use; however, he realized the need to provide increased traffic capacity. Motion carried unanimously. D. "STARVIEW TE&RACE by Patrick Bauer . Request for Zoning District Change from Rural to R1-13.5 on 15. 62 acres, Preliminary Plat of 15 .62 acres into 30 single family lots, 2 outlots, and road right-of-way for construction of a single family development . Location: West side of Staring Lake, west of Mitchell Road . (ordinance No . 60- 88, Rezoning; Resolution No. 88-290, Preliminary Plat Jullie reported that notice of this Public Hearing had been sent to owners of 24 surrounding properties and published in the December 7, 1988 issue of the Eden Prairie News. Frank Cardarelle, representing the proponent, stated that the request was to rezone the parcel from Rural to R1-13 . 5 for the development of 26 single-family lots . The proposed density of the project would be 1 . 65 units per acre with an average lot size of 22, 515 square feet . Cardarelle noted that a neighborhood meeting had been held . He concluded by stating that the homes would be priced from $200, 000 and higher . Enger reported that this item had been reviewed by the Planning Commission at its October 10, 1988 and November 28, 1988 meeting . The main issue raised at the meetings was the amount of grading proposed for the hill and the building pad sizes . The Planning Commission recommended approval of the project based on the revised plans submitted November 17, 1988 and the recommendations outlined in the Staff Reported dated November 25, 1988 . Lambert reported that this item had been reviewed by the Parks, Recreation & Natural Resources Commission at its December 5, 1988 meeting. The Commission recommended approval on a 5-0 vote per the Planning Department Staff Report dated November 25, 1988 with the additional recommendation that a berm and landscaping be provided along Mitchell Road to maintain the park-like character . ( Peterson asked when Victoria Drive would be extended. ` Enger replied that Victoria Drive could be extended to the north with the Boulder Pointe development and was not. City Council Minutes 8 December 20, 1988 Y proposed to be extended to the south at this time. Enger added that Victoria Drive would extend to the lot to the south and end in a cul-de-sac. Anderson asked how high the berm would be along Mitchell Road . Lambert replied that the berm was not as important as the landscaping would be . Anderson stated that this would be the last project to surround the lake and he was concerned about how far down the grading cut would be . Cardarelle replied that the grading would vary from 2 to 6 feet along the road and added that the gully an other areas could be filled up to approximately 10 to 15 feet . -Anderson asked if the cut had been reduced from the original plan. Enger Leplied the cut would be comparable to the Cardinal Hills project . Anderson asked how large the trees 'would be when planted . Cardarelle replied this was yet to be negotiated with Staff . Dave Kraemer, 9010 Mitchell Road, stated that he owned the small triangle of property abutting this development and questioned if his property would be rezoned and what would the tax consequences be . Cardarelle explained that the proponent and Kraemer were attempting to work out a land exchange for this small triangular portion . Jullie replied that it would be rezoned; however, it would not ! have an impact on the property taxes . Pauly stated that this property exchange should be determined due to the Impact it could have on the Kraemer property if a portion } was platted and the other portion was not . No further comments from the audience . NOTION ; Bentley moved, seconded by Anderson to close the Public Hearing and approve lst Reading of Ordinance No. 60-88 for Rezoning . Motion carried unanimously. MOTION• Bentley moved, seconded by Anderson to adopt Resolution No . 88-290 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations contingent on the adjoining property being acquired prior to Final Plat Approval and if the property were not acquired, the triangular portion would not be included in the Final Flat . Motion carried unanimously. E. ARBY 'S by Homart Development Company. Request for Zoning District Change from Rural and Public to C-Reg-Ser on 3. 4 acres, Preliminary Plat of 3 . 4 acres into 2 lots for construction of a commercial restaurant . Location: East of Franlo Road, north of Prairie Center Drive, within the i City Council Minutes 9 December 20, 1988 y Eden Prairie Center property. (ordinance No . 61-89, Rezoning; Resolution No. 88-291, Preliminary Plat ) Jullie reported that notice of this Public Hearing had been sent to owners of 14 surrounding properties and published in the December 7, 1988 issue of the Eden Prairie News . Greg Tilsch, representing Homart Development , stated that the request was for rezoning of the parcel from Rural and Public to C-Regional Service. He added that a portion of the parcel was proposed to be sold to Franchise Associates for the development of an Arby's restaurant . Doug Kennedy, representing Franchise Associates for Arby's, stated that the stacking distance had been revises? to 12 cars for the drive-thru window and added that he concurred with the Staff recommendations . Enger reported that this item was reviewed by the Planning Commission at its November 28, 1988 meeting and recommended approval of the project based on the recommendations outlined in the Staff Report dated November 25, 1988 . s Bentley asked if the entire parcel between the Franlo Road and Preserve Boulevard entrances was being rezoned . Enger replied that the Arby' s facility would only occupy the western portion of the parcel . Bentley then questioned the effect of traffic limits to be placed on Homart Development if this project were approved . Enger believed that originally this parcel was to be used as a buffer zone and then the parcel had been planned as a library site . Enger stated that this parcel and the parcel adjacent to it were both considered developable at this time . Traffic estimates were not done on this parcel with the original Homart Development. Enger stated that traffic distribution could occur through a mix of land uses . He noted that there would be shared trips with this development and Homart Development . Peterson was concerned about the aesthetics of the entire area and asked if a portion of the property would still be zoned Public and Rural . Enger replied a portion would be zoned Public and Rural . Peterson hoped that Homart Development would recognize the importance of the green space areas and its aesthetics . Tilsch stated that Homart also wanted to maintain the green areas around the Mall and believed that this property could accommodate both green space and possibly two developments . Tilsch added that there would be 75 feet of green space from the parking area to the roadway curb with adequate landscaping. Tilsch believed this project would be aesthetically pleasing . Tilsch noted that a one-acre City Council Minutes 10 December 20, 1988 parcel to the east would always remain green space and would be landscaped . Anderson believed that a fast-food restaurant with a drive-thru was not appropriate in the same area as the shopping center . Enger replied that the approvals in 1972 and 1973 for the development of this land were conceptual; however, the land was approved for development and it was on this basis that Staff proceeded with the request by Homart . Bentley believed that an Arby's would be a more attractive use than auto service uses, etc . Bentley believed that the character of the land uses were different on the east side of the Preserve Boulevard entrance and added that this proposal would be compatible with the land uses to the west of the Preserve Boulevard entrance . Anderson questioned where the City would draw the line on Intrusions to the green space buffer and added that he thought the line had been drawn with the Firestone facility. Anderson asked the City Attorney what the City's legal position was on this item. City Attorney Pauly replied that there had been no negative comments in the Staff Report and suggested a continuance to review the historical development of the parcel . Anderson then asked If the project could be denied . Pauly replied that this parcel was part of the original PUD and added there would be no basis for denial . Anderson replied that he would like to see the historical background of when the property was zoned Commercial . Enger replied that the property was zoned Public at the Library's request and was not part of the original PUD. Enggr stated that Staff had proceeded on the basis that it was not a question as to if the property could or could not be developed, but rather what type of development would be appropriate. Harris commented that the struggle seemed to be with the aesthetics of the property. She added that after reviewing the information from Staff she could find no reason to deny the project . Pidcock asked if the drive-thru could be eliminated similar to the Arby's at Southdale . Pidcock stated that the issues were aesthetics and the heavy traffic volume . Tilsch stated that typically Arby's did not generate the amount of traffic seen in other fast-food restaurants . Bruce Jones, architect for the project, stated that more than 50% of the front of the parcel would remain green space. Bentley stated that the developer had a right to come to the City with a variation of the initial plan as long as City Council Minutes li December 20, 1988 the project was within the framework of the Original PUD. Peterson asked for further description of the drive-thru area . Jones replied that the drive-thru would be along the west side of the building screened by a 4-foot berm with additional berming on the hill to screen the drive- thru area . Jones added that the driveway would be 16 feet wide with and escape lane . Jones said that landscaping would also be provided adjacent to the building. Anderson asked why there was no outside eating area planned. Jones replied that an open atrium-like affect was- planned to create a lighter atmosphere inside . Jones added that Arby's had found that outdoor eating areas z created more debris problems . Bentley suggested that a portion of the property between Arby's and the adjacent parcel be left as green space to possibly consider a Joint outside picnic area at some point in the future. Peterson asked if Homart anticipated pressure from another fast-food restaurant for the adjacent property. Tilsch replied that Homart Development had declined several fast- food restaurants and added that Homart was committed to the development of only one fast-food restaurant in this f area . There were no further comments from the audience. a MOTr ON Harris moved , seconded,.by Bentley to close the Public Hearing and approve 1st Reading of Ordinance No . 61-88 for Rezoning. Motion carried 4-1 . Anderson voted "NO" . MOTION: Harris moved, seconded by Bentley to adopt Resolution No. 88-291 approving the Preliminary Plat and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Motion carried 4-1 . Anderson voted "NO" . Bentley commented that he strongly objected to limiting development solely on traffic generation . Anderson stated that he was against fast-food restaurants in this area . He added that currently the area was aesthetically pleasing and would like to see it remain as such . Anderson stated that he had the understanding that the fast-food type facilities would be developed across the road from the Major Center area . Anderson believed that the City should be concerned about the types of d City Council Minutes 12 December 20, 1988 businesses allowed in this area. F . MARCUg DEVELOPMENT by Marcus Corporation. Request for Zoning District Change from Rural to C-Reg-Ser on 0 . 65 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 1 .61 acres into 2 lots and 1 outlot, for construction of a 3, 300 square foot commercial building . Location: South of Prairie Center Drive, east of Highway 0169, west of Joiner [gay. (Ordinance No . 62- 88, Rezoning; Resolution No . 88-292, Preliminary Plat) Jullie reported that notice of this Public Hearing had been sent to owners of 17 surrounding properties and published in the December 7, 1988 issue of the Eden Prairie News . Mark Senn presented plans for a commercial/retail facility to be occupied by one to two tenants. Senn stated that the proposed facility would share a driveway with Youngstedts requiring a cross-access easement . He said that twenty-four parking spaces would be provided on the new parcel and would have shared parking for four additional spaces with Youngstedts. Enger reported that this item had been reviewed by the Planning Commission at it November 28, 1988 meeting and had received approval based on the recommendations outlined in the Staff Report dated November 25, 1988 . Enger noted that Staff had revised the drive-thru window recommendation to allow for a photo processing facility only and to provide a stacking distance limited to two cars . Peterson asked if the proponent had a lease with a credit union . Senn replied that a credit union had withdrawn due to the timing of the development and added that the photo processing tenant was also on hold at this time . No further comments from the audience . MQTI QN: Anderson moved, seconded by Pidcock to close the Public Hearing and approve 1st Reading of Ordinance No . 62-88 for Rezoning. Motion carried unanimously. MOTION• Anderson moved, seconded by Pidcock to adopt Resolution No. 88-292 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations to include the Staff City Council Minutes 13 December 20, 1980 recommendation that the drive-thru window allow for a stacking distance of only 2 cars . Motion carried unanimously. V. PAYME12T OF CLAIMS MOTION: Bentley moved, seconded by Anderson to approve the Payment of Claims No . 47565 through No. 47794 . Pidcock questioned Claim No. 47729 for Orkin Exterminating Company of $467 . 12 . Jullie replied that Fire Station No. 3 had had problems with bees . 4 Pidcock questioned Claim No. 47664 for Driskills Super Valu relating to expenses for the Fire Department . Jullie replied this was for the Christmas party and other social events . { 3 Pidcock questioned Claim No. 47587 for Lane Insurance. Jullie replied that this was for a sewer backflow problem. ROLL CALL VOTE: Anderson, Bentley, Harris, Pidcock and Peterson all voting "AYE" . VI . OEDI NAN!9ES a ,RESOLUTIONS r A . EIndings gelating to City" s .Rositign on the Flying Cloud Air2ogt Long .TerLn Comprehengive Deyglogment Plan (Master Plan ) Interim Re2gr ,dated gyember 198Q (Resolution No . 88-299 ) MOTION • Bentley moved, seconded by Anderson to approve Resolution No. 88-299 . Motion carried unanimously. VII . PaT TIO S4 REQUESTS fi QcQMhUNI ATjQNS A. High School RU j,ldin9 EX22naloo Plans John Hamilton presented the new plans for the High School expansion. Anderson questioned the rationale for the different color of the brick . Hamilton replied that some of the brick would match and some would be a contrasting color . Hamilton added that the contrasting color was being used to reduce the massive appearance of building and the lighter color had been chosen to try to create a warmer appearance . Anderson stated that he was concerned about the use of the contrasting brick and added that he liked what currently existed. Bentley recommended reviewing the brick selection between Phase 1 & 2 . Hamilton stated that City Council Minutes 14 December 20, 1988 a lot of time had been spent analyzing the brick selection . Hamilton added that the new brick color would be added in five areas. Pidcock commented that she was pleased to see the use of more windows. Enger stated that he would prefer a lighter shade of the existing brick rather than a contrasting color . Harris commented that she had seen buildings using two and three different colors of brick . VIII . RrePORTS OF ADVISORY COMMISSIONS I X . AeR01 VT S X. REPORTS OF -OFFICERg, BOARDS COMMISSSSIONS a A. Reports of Council Members 1 . Happy Hour Sign at Ciatt i l s Peterson believed that the Happy Hour sign presently located outside of Ciatti 's was inconsistent and Inappropriate considering the stress placed on responsible use of alcohol . Peterson questioned if the sign would meet the City Ordinance . Bentley suggested that Staff inspect the sign to see if it was in compliance with City Code; if not, it should be requested that it be removed and that a letter be written by Staff and signed by the Council suggesting that Ciatti ' s review its happy hour policy. Moll ON: Bentley moved, seconded by Peterson to draft a letter to Ciatti 's from the Council requesting that Ciatti 's take a look at the Happy Hour sign and its intent . Anderson asked if the banners were legal because they were temporary. Enger replied that the banners were illegal and the City could have them taken down . Harris and Anderson were concerned about writing a letter . Bentley stated that the letter should not pass judgement, but should express the Council ' s concern as viewing this banner as excessive . Harris asked if the Council would send letters on a case- by-case basis . Harris added that she was concerned about the Council telling a business how to conduct its business. city Council minutes 15 December 20, 1988 Bentley withdrew the motion . Peterson concurred that the City should not be in the management of business; however , the City was more active in the management of businesses which acquired liquor licenses through the City. Pidcock believed that establishing criteria for requesting a license was totally different than determining business R marketing tools . 2. Power Outage Peterson stated that different areas of the community had experienced 4 to 5 power outages this week and asked if the Council would find it appropriate to request Staff to address a letter to NSP advising them of the City's 4 concern. Jullie replied that he had talked with NSP and 4 had asked for a summary of these last outages and to supply the City with a monthly report on outages . 3. Recycl i nca Pre_-,pram & Process Peterson asked Staff to draft a memorandum related to what progress was being made to begin a recycling program and to set a date for a special meeting of the City Council to discuss the Recycling Program for January 10, 1989 if the item could not be added to the Agenda for the January 3, 1989 meeting . Jullie stated that the Agenda would be relatively light on January 3, 1989 . MOT ION. Pidcock moved, seconded by Anderson to direct Staff to present the information regarding the Recycling Program at the January 3, 1989 City Council meeting . B . Report of City M:dnA9Cr 1. New Conditions for On-Sale Intoxicating Liquor Licenses (Continued from 11/15/88 ) MOTION: Bentley moved, seconded by Harris to recommend the following distribution of the T remaining liquor licenses : 2 for convention-type hotels, 3 for the downtown development area, and 2 open locations and to direct Staff to further study the establishment of a criteria for a convention-type hotel . Peterson believed that Councilwember Bentley's City Council Minutes 16 December 20, 1988 recommendation would be an acceptable direction to begin with . He added that this item regarding the number of liquor licenses would probably go to a referendum and at that time it could be necessary to change the direction. Peterson believed that a substantial distance should be maintained from schools and churches . Anderson believed that limitations should be established for the locations of facilities with liquor licenses and did not wish to have the locations spread out over the 3 City. r Harris questioned how the issuance of 2 liquor licenses for hotels could be used a3 a development tool . Peterson replied that it was not a development tool; however, hotels would probably not wish to come to Eden Prairie fi unless liquor licenses were available . Pidcock stated that she would like to set a minimum building value necessary for the issuance of the licenses. Bentley replied that Eden Prairie currently had one of the most strict criteria in the metropolitan area. Pidcock was concerned about 1/3 of the total licenses being in the downtown area . Peterson believed that this was consistent with good city planning . Harris added that ? these recommendations could be changed if necessary. , Peterson believed this would be used as a development tool and concurred with Harris that these recommendations were only temporary. Bentley stated that the intent of the i motion was to utilize the 18 existing licenses prudently, which did not mean that in the future additional licenses could not be granted by a referendum. Motion carried 4-1 . Pidcock voted "No" . 2. Reguest froggy City of Corcoran Jullie reported that Staff was concerned about Eden Prairie supporting this proposal regarding landfill siting at this time and believed it would not be well-received by the Legislature . MOTION : Bentley moved, seconded by Pidcock to decline the offer to join in the petition proposed by the City of Corcoran . Motion carried unanimously. 3 . Purchase gf Purgatory !:reek Parma Entrangg Jullie requested that the Council authorize the Mayor and City Manager to sign a purchase agreement for the purchase of the land for the park entrance upon review and approval City council Minutes 17 December 20, 1988 by City Attorney Pauly. Jullie added that the closing should occur by the end of the year . MOTION Anderson moved, seconded by Pidcock to authorize the Mayor and the City Manager to sign a purchase agreement for the purchase of the Purgatory Creek Park entrance, subject to review by the City Attorney. Motion carried unanimously. C. Report of City Attorney D. Report ,of Dirgctor gf Planoiin_q E. Diregtor of Parks, R!tcreation & t!atuxal Reagurces 1 . RecommgndatLgnnon Revised C51s,h Rgrk Fefg (Continued from 12/13/88 ) Mayor Peterson asked Councilmember Bentley to Chair the meeting at this time. Lambert summarized the Staff memorandum and added that Staff believed that a conservative estimated property value within the MUSA Line was $18, 000 per acre . The recommended Cash Park Fee would be proposed at $720 per unit . Lambert added that the City of Lakeville was forwarding a copy of its ordinance regarding its policy for cash fees for trails . Lambert recommended that the Lakeville ordinance be reviewed by the City Attorney prior to review by the City Council . Bentley asked if the cash fee for trails would be in addition to the $720 proposed. Lambert believed that it would not be advisable to add a trail fee on top of the substantial Cash Park Fee increase . Lambert added that the trail system could be completed as part of the proposed referendum. Anderson was concerned that every resident would pay the same $720; however, the value of the land was different depending on the location of the property. Lambert stated that there were two ways to assess cash park fees : the establishment of a flat rate or having the rate based on the value of the property which would require the City Assessor ' s office to determine the value of the property. Lambert believed that the assessment of 10% of the average lot value because the residents with the smaller lots used the parks as much if not more than those with the larger lots . Anderson stated that there was considerable difference in the value of an R1-9 . 5 lot and an R1-22 lot, yet both would pay $720 . I s F L City Council Minutes 18 December 20, 1988 MOTI QN : Harris moved, seconded by Pidcock to accept the Staff recommendation of $720 Cash Park Fee for all residential units for 1989 . Pidcock stated that she favored the motion because she concurred with Lambert 's statement that the smaller units did use the parks as much or more than the larger units . Anderson stated that technically the cash park fees were to be based on land value and with this recommendation it Indicates that all land in Eden Prairie is valued the same, which it is not . Lambert replied that the $720 was based on 10% value of unapproved, unplatted land . Peterson stated that the cash park fee was based on the impact on the park not the ability of the individual to pay the fee. Motion carried 9-1 . Anderson voted "NO" . 2 . P,seosed Park Bond Re f elendum Pr oggss K MOTION: Harris moved, seconded by Pidcock to recommend Plan B as outlined in the Staff Memorandum dated December 12, 1988 . Motion carried unanimously. MOTION Peterson moved, seconded by Anderson to set the date of January 10, 1989, 8 : 00 PM for discussion of the Park Bond Referendum, subject to review on January 3, 1989 subject to change based on Counc I lmember-elect Tenpas 's schedule. Motion carried unanimously. Lambert recommended that if the Council wished to consider land acquisition for a golf course, a golf course architect be hired to prepare a brief study to determine the feasibility of its development. MOTION: Peterson moved, seconded by Anderson to authorize Staff to hire an architect to prepare a study for the potential development of a golf course, with an expenditure not to exceed $10, 000 . Motion carried unanimously. F. RepQxt gf .Director of Public Works 1 . City Council Minutes 19 December 20, 1988 Dietz presented a copy of the completed Southwest Area Study. MOTION Pidcock moved, seconded by Anderson to set a Special City Council Meeting for Tuesday, January 24, 1989 at 8 :00 PM. Motion carried unanimously. G. Her)ort of Finance Director XI . NE!J BUSINESS XII . ADJOURNMENT The meeting adjourned at 11 : 45 PM.