Loading...
City Council - 09/05/1989 t EDEN PRAIRIE CITY COUNCIT. t APPR0VED MINUTES Tt'E^P,t3Y, SEPTEMBER 5, 1989 7 : 0 PM CITY HALL COUNCIL '-HAMPERS 7600 Executive Drive COUNCIL MEMBERS : Mayor Gary Pe'tersun, Anderson, Jo-an Harris, Patricia Pi=3cock , and Douglas Tenpas CITY (70UNCIL STAFF : 171t1 Manasjer Carl J . Jull City Attorney Roger Pauly, ^i rec.-tor (.f Planning Carl: Ender , .City E.iyin�•ex Alan Gray, City Assessor Stt-vp Sinell, ,and Recording Secretary Deb EdlunJ PLEDGE OF ALLEGIANCE ROLL CALL: Doug Tenpas Abst--rat . I APP 'OVAT,, OF A�FN3� 1_A;�OTHER ITEM a_C1F Tj, T P,7ES^ MnT I QN: P1dcock moved, seconder3 by Harr is to approve the Agenda as j published and ant( r-aded . \ ADDITInNJ� :_ Add Item VII . C, Traff is Study Request from Sue Doden . Acid Item X . A. 1, Comment on Directional Road Signs in Eden Prairie . -UL Item III . J, Fairfield Phases 2 Throrxyh 6 , from the Consent Calendar. . Motion carried unanimously. II MINUTES A. M, nutes of t x Joint Gity CouncjjJHuman Ri=`• & a_qSvicej Commss i on Mee t i rta Hc ' ie •day. Augii _ .� 13 Anderson moved, seconded by Fetc rsor, to approve the minutes of the Joint City Council /Hun.an. Right-, & Services Commission meeting held Tuo-sday, August 29, 1989 is pubIic.hed Motion carried 2-0-2 . Pidccoe:k ::and Harris abstained . -ENDAR Ll -;t B . Clhonlie 7r.-,nI -.-) --nirk 7r-nrlis C-.�n rts I—-L--- --.--.......... C . Relsolu-tion I.;'K( Ila to is r r)(D r t a t 1 C 1 1 1 �.I;E�!I r e s yl g-- - D cha'11(4e 1 P,i r k E . Fin--) I Plat n P ra -I r I r i t e r 6 h r d d 1t o ri =14- t-hp <--,rnmr of 7F 169 ,-and -Prairie .Le r _Q r i�y f- ) R e:3 r.) i.i t o n 13 31 F . R solutIon At.th Ariien(.Irpenf- No to the Coorjk:�rative F) 4-' 4n for -in r.1 ' .14r.d) jy__ qrt rl f o r 17 e:-U 1 U t ILO n 11,D . 3 9 -10 7 G. Aznrove Tu=)niernent No . 1. to A(4-,eement No . 64 q18 with MnDCIT LiZL 12-t;._J_qn at T14 5 between r,-'IAH 4 and- CSAT4 zesul ut 1 on No . H . Aor)rove Pc-%til".' ton to NIne-MI le Creek Watershed Di f-.trlct for m e --i k e Outlet lmprovemetj±.;. (ReFolution No . 89-198 ) I . FR IRIlt.__GREEN_ MINI -STAR-AGE, by P r a I r I c- Green Associate A-, .1 Denial of Ordin.ance No . (IQ)I)tion of ResoliTt., No . 89 -191) r,2-88 for Zoning District Amendment- with- In T-2 Zoning District on 0 . 69 acres and attendant requests for Pr#-:11minary Plat of 7 . 2 acres into 2 lots for construction of 3 , 575 square feet of add ! t- tonal ztorage space . Location: East of County Road 44, South of Terrey Pine Drive . ( Resolution #89-195 - Denial of Zoning ) J . F A At Tandem Pro .)e. tles . 2 nd by I Reading of Ordinance No . 59 -88-PUD-3.5 -8S, Planned Unit Development District Review, with waivers, and underlying Zoning District Change from Rural to R1-9 . 5 on 92 . 7 acres and from, Rural to RI-130 . 5 on 52 . 6 acres; Approval of Developer ' s Agreement for Fairfic-ld Phases 2 - 6 ; and Adoption of Resolution No . 89-196, Aiithoriz! ng Summary of Ordinance # 59-88-PUD-13-88 and Ordering Publication of 1 148 . 2 arres into 299 single fain.11.y Saltl lli.imm.-iry . lots, 28 west of c-(7)unty and road right -of-way . r,Q C a LI "--)r-1 : P(-,ad H44. r;outh of Scenic Heights Road , i--=aZt of Chicago and Vorthwestern Railroad . (Ordinance No . and Rezoning; Resolut ,. 7m No . Summary and Pul.11cation ) ILZM D. 770M T!IF C 1 tj' I M i ntit,,, � t e m r 5 13 9 MOTTON : 14a r r 1-.3 rn n v,-d �i-c�7.n d,.t d It y .--ippro-ve the Consent Calendar PLIbil -'-died wit!: of item J . -U—FkL..9 Harr 1,3 recommo-ndt�d that the languagf, in the cover memo, from cl'taff 1.7,,c incorporated Into a cover letter that will 'ICCOMpany the lnformatl- lor! . ITEM E 'cirri if there were my firm tenant c omm I tmants for tha 71en (7enter 6th Addition . Jtillie n( teed that thl :3 would be for t!ie -erimeter parcels . Enger replied that Mc-Mon,-.ild:3 had expressed interest in having as free- standing Facility. Motion to apprc-,ve the Consent (7-alen&-ir Carr F ,1 TV . P�,SrJr' 'JFAr- A T"-EN PRAIRTF, RETAIL Pk!EIRT CENTRE by Curt ........... (FESTIVAL John..^on Propertie::; . Request for P1annet-1 U;ilt nc°veic)piftent Concept Ainon(-Iment and Planned Unit Develupme- nt to it'rlct Rt-,,-J; ,---w on 16 . 2 acres with waivers, Zoning Mi :- trict Amendment within the C-Reg-Ser Zoning District On 'IS .2 site Plan Review on 16 . 2 acres for development of a l5r---3, 7 '_'G square foot commercial , retail ano-1 tin to rta i ninent complex . Locat I on : East of Plaza Drive and south of Valley View Road . (Resolution No. 89-194 - PUD Concept Amendment to Overall Factory Outlet Centre PUD; Ordinance No . 31-89-PUD-7-89 - PUD District Review and Zoning Di_-trlct Amendment within C-Reg-.I;er District ) Jullie reported that notice of the public hearing had been pulblizhed in the August 23, 1989 Issue of the Eden Prairie News and mailed to 14 property owners within the project vicinity . Ron Krank , representing the proporient, prt��7-enl.-ed 'th(- the renovation of facility known -).7. the Factory nojtl,�t Centre . The- prnponent tJ-..-jt the 1:-Anp-rty would be an excellent location for a retail dcvelopment if handled proL.)orly . The difficulties which thf-- proponont would need to overcome would be 1:nattr.nctiveness of the present hulld! ng, the lac); of Ilenfific.-it- lon, and the redevelopment of th"- parking orJentat- ion to better serve the facility. TkInti- flit: roof (-01.1ce- pt would he elimirtatpd , c-1h.--iraett-r qlvvi, ti) ti,it, 1)ii11(11n-;, ciffertive signagi.- wotild be ad(3ed, and the entrance would be clearly Juntlfled . The view from the 1. Q U 1-1 Cr1 M 1 11 t t�3 to 1-:e r i?8 9 north W-�s 11,rilter-1 wf)iAdl at r".aza Drive and, therefore , 11--he i--'e to tl.' i <3hway 494 and Drive . Krank described designed 1 A. mor e architectural features d igned to make thr� bu . A. ing inviting and rnor(-- easi ly entered . The --estaurant---. wf--ji., .1d ),,e able to have outdoor dining areas if deoirecl . An eight-screen movie theater w-z propo::,ed . The Irjnage would consist of 3 foot 1n. i I foot hand on tl-j,:.. east an(! --.; oLif-h slrle-> of the hi; ilding, witih. only r-ii-I 'Linal signage on the north and we 't1 . Eriger rc-parted that thin item had peen reviewed .70- A711e August 1-4 and 28, 1989 Planning Commltslrjri meeting di 'th action t,--i' �n at the August 23, 1913'� rreetlrij rec:onnnendilng approval of the proposed plan with a 4-0 vote hi::,ed on t h e Staff recommendations outlined In the August 11 , 14. '13 3 a Staff Rupuxt . Enger added that the prior Factory outlet Centre had a restrictive sign covenant based on the Centrel -s request for, a 52-foot-high pylon. The propoijtznt wished to be allowed to tran-- fer sicjnagr- areas Irom the north and west cf the 'building to allow more conc—ntrated signage, on the south and ea--t r-: ide:5 of the building to tricrea-se visibility of the facility. Enger recommended that if the City Council agreed to this trade-i,-)ff, the existing restrictive covenant should be altered to take into account the newly Intended rjurpose- . S ta f f 1,la d supported the reduction In the parking requirement based on the overlapping times of two proposed uses inOicated by the proponent at this time . Enger 1-dded that 1 .1 the proposed tenants changed the parking requirements would not necessarily work as proposed and would require additional review by the City Council and Planning Comm 1--;.3 1 on . The Parks, Recreation & Natural Resources Commission did not review this. proposal . Harris asked for clarification on the wording in the Staff recommendations referring to the removal of all signo from the metal colonnade . Enger replie(i that Originally the proponent had planned a marquee to advertise the movie theatr-,nL; and a sign saying "Festival Centre", which the Staff had recommended be removed and that no ::ilgriage be over th(.- 20-foot level . Peterson a--Yed the proponent if he had not indIcinted t1hat si ,jn:ige WOUld be on the west and north cities of h1.1ilfJLn,j as well as the south -ind east sides . Mark Rooney 1 *1 --(I t Ahat because of the elevatinns, of f-hi- bUllunng on the north and west sides the-, :� ignaqe wt)ulcl, t,o r1irectional purposes only, with the ma.-Jority of the I Located on the south and ea,"- t- SiCe::; which would be .Y e 711(jt�r .;tatc-d that s1rjnage packa,jt:s for -:�11,iPpIng c;.nters werte difficult . The proponents had intentions to Minutte.-I t-m.1 804 t! t o th r r yl.na l =i r c-m e r-1-t and !bt_ e I t t t(L'Y, 11 t, nct alwayz anticipated. The 71 f f 3, (j C :1 1-1.7-1 Cl 31 1 wa n 1- (D consi.^: t,Ynt . T h e prc,.nanerit A. jki*�:fiting weiiver of tr,! :;:; rt�rencu of ,;:I�age from the north, and west to the south anr2 _, .ides of the building and this wa.s the purpose of the restrictive c-n- vE, ,.-jilt . E>lgcr ad(le(I that the City discourage the proponent from comin,4 back with t; t for - ig,,- changes . Enger --tested that thf.: 2roponent should be sure exactly where i cj ns 7w n u"A.c", be placed , or that signage be approvet) according to C-1 ty Code C1110 waivers not be rjrant-ed because of the unl-nOWTII fac--tors . Rooney stated that he appreciated the City ' s concern with the project being at an entrance to the City. Rooney said that the proponent would ht- willing to stand on the oxi ,ginal reqliest for thc- signage tran- fer . He .added that In the past the proponent had always been, able to negotiate an agreement !--,uccessfully wlt,,i the Ot,--iff for the minor changes which uccurred in any profect: where various, tenants are involved . Rooney belllevpd that llera,,,--so nf the inc- n on access from Highway 414, -dentif4 <-at -'L .and sJgnage would be vital to the success of the Pr(:!ject . The plan was to have the tenants occupy no lt--ss than 4, 000 S(Juare fc-et . Rooney pointed out that oome of the tenants Would riot have an outside entrr-ince due to tht, cle --' 191) of theprr—erit, ::structure, th-us making the --- ILjna9e even more important . Peterson a:;ked J1 f the proponent could -iSSUrC 4-1, Council that continuity would be present in the of griage dackage . Rooney replied that the signage would be the same quality or higher than that of the Prairie View C'eriter . Rooney added th,at the proponent wanted that center- to be attractive, that nation.-il tenants would dictite the color scheme, and that the z; Igns would be individually-lit letters with the height restriction being within City Code . PiMcock asked if the space for the drop-otl' f area was adequate, how many cars could drop people off at one time, and if this feature would create a traffic problems. Krank replied there would be a stacking distance for 1 cars . Pidcock then asked what the landscaping plan would bp . Rooney replied the pror)erty would be irrigated .--tnd the landscaping equivalent to that of the view (7 f-.n t.-t-,r The rJead vegetation would, be rerntovf, and nd r-c-placed irif] L-,oric- n(?w landscaping, added . Ando.-:-,on was pl,�a-3r�!d that an irrigation oy::,tem was being asked if the only I-wo f1rin tenaritii at this time tht. movit, theater and the restatirant . Ruciney replied a letter of Intent had 1;(.'en received from -7,'-urk -E-Cheese and that negot iatiol-Is weto progressing with 7ounci1 M *_nites m b e r ether r esta 1_1 r.-.1 tit"--" a--'- Wt.11 - 14� that other type�,- �_, f bU.3in�,i-­-,es being cons iderodl were a national -:c-- ft store, auto ipply, and -iii off .1ce- supply ntnre . fi Z r L:, -.-(1111,T.erlted th.7, t Z,I I o, W.-_i�; ID le a�:�ed to he- I n te re 5 t iIl the Pi ,'_ r F'Actor" -7 U t I---t rommented that sihe wlzhcl thf-_- pro orients success ,and helleved that It WOUld bf- a zignif 1cant lmpro�,ement to what wa_- currently 1-6-1here . Th-re wert- no fiarth-r from the MOT T OZ I Harrill rnovr-d, !3ec-On3t-d by P I dcock t o c 1 ose the P 11bl. 1 c Hearing adopt Fesolution No . 39 -124 -a0proving the Festival Centre PUD (-onc*ept 'Imeridnient to the overall Factory Outlet Centre P'll). Motion carried unanimously . OTT ON: Harris moved seconded by Pldcock to approve 1st RF.-adlnq of Ordinance No . 31- 89-PUD-7 -89 for PTJD District Rt-view and Zoning District Amendment within the C­Pegioniil- Service r) *, ntrict; and to direct Staff to prepare an Addendum to the existing Developer 's Agreement incorporating Commission azlld staff recommenciition.,.. Anderson .13ked if specific recommendations were going to lie made regarding 31gnage . Peterson replied that the proponent had stated that they watild proceed as planned . Anderson then asked the proponent if it would be pos;:;ible to provide an area In this facility for the young people of the community between the ages of 17 and 20 . Anderson belleved that there was a need In the community for a place for young people to socialize . Rooney replied that it was a good idea and that two pj(.)�;[)f.,-ct1ve tenants had approached the proponent; however, they did not have the experience or the credit to proceed at this time . Rooney added that this did riot prohibit the possibility of thlu occurring during a second round of teriant applications . Motion carried unanimously. TI) . (7ARDTNAL r_RF.FK 7TO ADnTTTON by GAC Partners .. Reclupt; t for a Zoning District Change from R11 -13 . 15 to RMG C r'- for development of t'Ihrr_-e twinhome 1r7,C5 C.j t I On , r �r5_ Sq,6 _, 1 6871-75, G887-11 `Otoncwood Cour t ( Ord inance No . 32- 19 - Rc.­Zonlnu ) -1.111 I reporteLl that notice for the pubi is hejt -, rIg 11 1 a C !.,een publ 1 ._;hed in the Augii�t 23, 1189 and mailed out to 24 L31-jrrolindlnq property owners . uurlc:iI Ninut,--s -i,` . rnt�c• r 9�, ; ' 9 ,u6t.if3on stated that the market was nr-)t favorabl r.• f, r _� i :z;le-family izc7tZlr � t thi timr- .anf? iv- w<t::; i equer_:tiny t!" Wit: '� lots '-)e !?ack t G twinhume . Binger rc orted that this it-eum w.aE, re-viewed nt. tl;�' A-..gr.l"st 1189 Planning Commission meeti nq .-,rlr3 r"r_-c,rr,merit'ed approval of the rezcning :lnar.imou-sly ba, i on the Staff reconlrner:dations as outlined in the ."t-aff Pt°po;t crated August 11, c ete'r:=:on made by 1-lie proponent at the prior puhl ic•- hearing regl;est ; ng single- family z:onir g where the proponent had indicated that if , bemuse c,f the economic c:1 imate, he were forced to guild twinhomes they might be of lets-than-desirable buildings . PErterson notecl that t'*,c! pr oponont h.ad all:;o had rzYighbor!-•o,Drl - ip ort .ri} th.=ct time for sin<}le- family homes . Peter -on _.t.9ted that t;e ne—1-d _oitte. type of cissuzance that .=n wou Id n:7t ha built just to be ahle to move thr : c t .. . Guy t:afson replied that the lots were e111ng .fit n each and bt'::,.use ` f (`aaxPs , etc, . , he wanted tc, have owner-occupied twinhomes instead of rental un i t:s . Guot-a fson stated t:zat he was not planning can ilu i l,3 in,j forlta 1 units . He added that he currently owned nine of t;,e lots ,-,n the street . Pldcock a--ked what the price range of the homes would be :Ind woo' L', the homes be of the Same caliber as the existing homes . Gustafson replied that he died not have :7 price range in mind at this time; however, the homes wol...ld have to be compatible with what was already there . Harriz was concerned that twinhomes could he sold and .added that the Council had been convinced earlier that the s i ngle--fami 1y home market was the best at the time . Guatafi>on believed that it would be more compatible to develop :a.s twinhomes . Gustafson stated that some of the hor„es in the existing neighborhood raze in the $250, 000 to $300, 000 range . He added that there lots were on the freeway site and thus the least desirable lots . Gustafson stated that tie planned to build walkouts with an .approxlm,ate value of y150, 000 . Pidcock stated that the Cou.nrl1 was looking for as_u:.incers of cnn_,Istency in the neighborhood . Gustafson replied that !-,e had been .able to sell five unit; in t51 n4c, i cjhtor hood ince the last time he had been be f(,r. e the t'c,�. rzri 1 _,n(l believed that t hee7,e units Could � ' Lzo he- :;old c)wnor -oc,c�ijpied . Gustafson state] that lie would not be f, ,:;:�:r•r1 t<o i-iavLng city (7-ount: it .approval of t!40 lwuz::c 1.)1.:alls �r'.r1LIirr(I . wrre rle) further cornmr.rlts from the ,..rout M 0 7 hear -i n,j and approve lt-- t lZe,D1 15-1 Cj C) f Crd inance No. 72- !�9 for R e Z o 11 111 g . r e..,t--r--o n k ed En g e r I f t In e r e w o ei- a n a, v a y Z, b I�: to flag these prope rt Ies to as:�'ure tlie -;iia1it1 . F n gt-r replied that the proponent coulul be to � Ubmit a nilnimu,rn f0017-rl(je E)r.:,r i.init . re- te-3u,-. that the proponent diZcuss this plan: with ` taf-f E-rior to second reading . Gu: t,-.ifson recerimended a coral : l:ione L--ating that no new unit would be built which wa.3 smaller than an f-xisting ~snit and that Li e q .1 e-a do�ibl#--- 9a--,--t,jf-2 r- 1 Ir I . Motion carried unanimously . Mn- T ION : Ha r r 1-- m o v!--,3 e f.)r i d(?(I by P 111 c r,c k t,0 d i r 0- C't 3 1-,a f f-' t 0. prepare an Addendum to the ori-.31rial Developer 's Agreement- incorporating Commission and Staff recommendations and the following Council Condition that no new unit would be constructed that had any less square rootage than the existing units and that a two car garage was required . cl-irried unanimously . 4. C . A TO 71 rZFN-jAL LjJQ aQZA ERA I PZj by Rome Development . Request for Zoning District Amendment within the C-Reg-Ser Zoning District on 1 . 67 acres with variance, Site Plan Review on 1 . 67 acres with variances, Site Plan Review on 1 . 67 acres for construction of a 21, 014 square foot commercial facility . Location : South of Valley Vit�w Road, west of Plaza Drive . (Ordinance No . 33-89 - Zoning District Amendment within C-Reg-Ser District ) Jul lie reported that notice of the public hearing Ahad been published In the August 23, 1989 issue of the Eden Prnalrie New..; and mailed out to 8 surrounding property owrit-rs . Mark John::ort, representing the proponent, presented the Mans for Pha--.es IT and III of the original three phase development approved for A to Z Rental . At the time the origJnal plan was approved tenants for Phases IT 7-ind III were not known . Eden Prairie Appliance will he the tenant lur. rh--ist- TI and Phase ITT will be a two-story office bo I I J 1.n g . 7ohn--Ion noted thilt Orl'Ay 111irlOr Iliad been madta to the (-.)rigIna1 plan . Fnrj,:,r --i-ported that this- Item wa-- revit.-wet] by t.],ze pl,,ttilling at the August 14, 1989 rnf.-eltinig - n(-I J 11ad approval of the L-)roj,,-c!t (-,n a 4 --2 voto based on ` hle r�--cQjnmQndationz outll .-ied August II, L .1.039 Staff Report . The Planning ComrrI--slon hnd added! i f) 7­pteml:. : r 5, 1989 rec('`mmt�ritlatiorl In 11",_' motiu.n tn, requ�e_--t- that the proponent 1.0wer the elevationof 'he L_j,-,rk1ng by t feet if ble t o pr(-Nv i r!i� ),2(1 i t ic na I scr oe n i n, f the L)0,S­ I e fr -i P.a .r "I 19<-r not t cl t In.--i t f, 7 r k Pf-c r t -0 ura I - -1 1 - I & IN� I Re�(-)nrce_s r7ommissiori ? ill nl-Dt- review Ih ,.:7 1jrnject . P e t t!r o an .7,-3 3,e cl, 1 -1 1 r r 1 j a t 1 :nftT-i 7 .= nd - ad been 7 d iscusseil repll l that It h.1 d riot 1) -f- e n cons idt-rel thttll he 17 11 7-v e d Fi n irrigation ­y-tems wzi^ -specially when a L project had, just ri ea z I i,.tr 1(;-n1.-jht -7,cross the street fr(-.)ni thl:;; project wiich would have an irrigation systern Anderson comineritt-d that it was very evident throu,ghoiit the City whlclh Eac- !, "liti"_5 dill tar dill not }lave irrigation zyo-temi, . P­'I.cz_, on then a::1,-.ed the pr,-,ponent if they had any objection to installing an irrigatiun system. Jim Wey replied that C_Ii,,,ring Phase I the tubing had been run to provl(le an irrigatlun ;--,yr-; t(-m, hi-it had ntvt-r been onnect,-_-(J. He bt�Ileve,cl that the connectiori wotild be Roman Roos , reprrtF�eritlnq the propurient , _.tated that would (- 'Levatlorl thc- ar,'_a woi_ild be d 1. 1-1:f 1 c i A It Z:,4- Ing gas and water lines and, the_rt- fore, propuzed to provide addition...ill �. r-)u "lliern portion of the lizoji.­ct for the -_-ffect . Th(-_ re- were no further comment-_-. from the audience . !!P PlOcock moved, �,econded by And.-trson to close the public hearing and .�ipprove Ist. Reading of 'Ordinzince No. 33-89 for approval of Zoning District Amendmcnt within the C- Reg Iona I -Service District . Motion carried unanimously. tLp Pidcuck moved, : econdcd by Anderson to direct Staff to ­re,n,i-*_- ati A;iienilment to the priur Develaperl .s, Acj'reemerit incorporating Commission and Otaff recommendat- ions, aild the Council Conditio,*iz that an irrigation oy-tem aricl landscaping and berming be negotiated prior to 2-ld Reading . M o t un carried unaniflinusly . D . VAC-ATIONR1- T") NTS WL'"HTN A P R'"T I f 7,11 r) Jilllit- rcporteed that the not ice 1;11bllc hearing tiaa I of ►the Eden In the Augnst 30, - I ­ r,�!i i r I c- e v s. .and n o t I r c-E; ".11a 11 F:d f. . - -f;.d property .'' �'t F. f i-,:!t o w r e r:-; Jullie added that the 4reque­-it was for vacation of r 711 1-1,- _I g tat! ' 1 t_Y th 111 r.,orti on of Df�,nnay ' _-- Round Lake E!::tztt,-as 7n,2 ver ,.o I icng(_,r There were no comments from the An(ler.-,ori mover], Diet jrid­r.! ty to 'hearin(g and adopt a ri rl ITt I 11 ty Fasemo-nts in 1 T' d A(I d 1 1 on k.. Mot ion carried unanimously . VACA-TCTI 39::.l CA'r-0.1 �-)F �2 ....... TJRrr`SFit_:-'_ W MERGENCY ACCESS P R112gE_ESTATES (Resoliltio;, JoIlle reported that notIce of the pilblic hearing had been published in the Augus't- '7' %*',,, 1009 ' lit:: Eden Prairie New;3 and mailed to the ilff-,cted prnperty OwnE'_rs . jull le added that the reque_zt w,--a:r, z temr,-orary easement for emergency Cedar Ridge Estates There were no comments fr.om t!-r- -0jkjIercc, . Anderti-,on moved, :econled by Vid-cock to close the public hearing and adopt Re:3c_)lut' ,,:,rj No . 31- 192 vacating a t(�mporary Easement within Lot 7, Block -1, Cedar Fldge Estates Motion carried unanimot.1slY. V. PAYMENT OE_q_j:LAjM_$ *l Q T L(2-N: Pidcock moved, seconded by Anderson to approve the Payment of Claims No . 53302 through No . 53995 . Harris questioned Claim No . 53368 for a driving Inst-ructor for inature drIvers . Jul lle replied that he would need to 9--t more Information . Peterson commented that there were ln:3urance compante-s which would give redlictlon= in rat,_,s for the miture (Irivers which had takQn a driving courF,(- . i>7keil who had attelldeld the cnnfernn,.7-,,- on that r -n hail Ander-con stated tl)at lho had fortn,l the sessions very informative and he now had a mx.4L:h bettr� r UnCjerstandlng of the III�A 11 1 , -1 1- HF: th,:it there .d related to pla- tic w(-r(, ri-,Prer;entatives there from the state and local levels as we- 21 a.:; rt-.pr(,-.f-nt.atives fr ,nm tlht- Harr. I �p.,est iont.-tl why there we r % ro plan, :7 jullie repll �:?d that teams are, t" 'Tlake _i $100 deposit -it th I r - 1 1. -3 ire e I unii ng of the se-as(� n .,t ntl I , tA - ,;� i `he season 1,:11-:en th(--L dhered to thzoughout y is r#_-Eurided . ROLL CALL VOTE : A n d e r 3 n 7" 1 7,-_-t:­.r;_-,on all voting "iNYE11 Motion carried . VI . OPn NANC�T,7.- -0.1, N A �;t Read inq c-)f Ord I nance No -77 j tv Code �m­­­1-- -­­_­1.___.____­.__._­__.___.__­. ......... tLt;Lr_9. e C t 10 n 1 4 4Q 2 1 t n a f F i r t-.;i r m:3 City Attorney Pauly presented the Councl with j-i revised version of the Ordinance with the aclditinn th(- :section which e,et the for the shntgnn ---lug firing area . Pauly noted that the committee had 'Lliat the r.arrell Pf!terson property be lncludcd In the hunting are:,; however, was not. il revised %/erslon . Pauly stated that the re.rjul,ar shotgun A discharge ..area had been extended from tlhr: r_)riginal Ordirlarice . Anderson asked Pauly If the area for shotgun sluqz. had I-)Pen extended north of Riverview Road and Highway 169 . Pauly replied that it had not been extended, the area extended wa , the regular shotgun area which had been extended to County Road 01 . Anderson then asked Jullie If Riverview Road was considered a public ro-id . J u I I I e rQplifcd there was public right-of-way; however, the road was barricaded . Anderson stated that it .:i resident --.r hunt e.- were walking on Riverview Road they woulO not be trespassing . Jullie concurred . Anderson then asked about the !>tatus of Indian Road . Jullie replied that this also was a public right-of-way, Anderson believed that a E:hotgun with slugs should be considered a dangerous weapon and was concerned about the amount of traffic now on Riverview Road and Indian Trail . These roads had become popular for hiking and for mountain bikes and Anderson was concerned for user safety. Anderson added that the subj,--ct of hunting areas and possible added restrictions came q) every year . Anderson believed that the Council should begin making plans now to drop all hunting from the western boundary of the C11-y )nd only a'-low huritling in the river HarriN -;i.ipported councilzw_-mbe_- Anderoon 'F, concei:nS . Harr ., ::; added that she- woulO. .-A ! -,;c, lh#- doing 1_�(--,7 4-1 r,1 phis year without having f1irthr-r huntingr est.rict .lons . questloned if <--i comPlete ban on hunting would not have =i negative affect On W11,111fe management . Awlerson -t., -� 17 `7_0 I I I I M n u t 1 '2 .1 71, 1'- that t!-iF, DNP w(.-)U 0 e7 I a I fj---r III i t S If_ C r(D j:) wt- 'rt_' being Jlimaged . r��t•-r5on then at:ked who was For the p(:,_zti- n,g of tlhe and who ;.aid E,_ r 'he ­)c-_,ting . Paul repliedl th.at moth vierf:- t1ne responz. ibillty of the !andowner . Arid,r -_-on re-callt--d .-i (71t-y c7onncil meeting three years a,jo when it Ident.:3 were bttfort- th'-_ Council about hunter:-: cc.t-iitnj on their proper+.-,,,, with guns Without to chase .=i woiai.ded deer . Anderson was concerned becau_­e he as a (7-onricl-',neriber had had no part -1ci patin-n In crafting the Ordinance and the members cn the committee werF­ primarily of hunters, . MOT T ON Anderson moved, by Harris to continue th'.& Item to t'I-i o-2 S c-1-1 t e i,,i b—,-- r '41.9 , 1 1) 1) t-I, C o i�i i i— I .i)e.-t I n g t n- --I I 'A.C)W further r :vlew atil cc n:; liar tit- ion . Pldcock asked when the hunting season sztzirted . Mike Farr rep1 .' 4_--d 1--hat the waterfowl ,1-;r-_;:-.zon wonl'.J 1)egin October 7, 1139 -Jlld the Metro L,Ot-,A5011 had already started . Petq­.3on reminded the that. the Ordinance would require- a 2nd Reading . Jul lie be I I eve d that the revised ordinance took anotlier step toward the goals of the city. He adOed that the area north of County Road I had been closed to hiintIng . Anderson stated that the intent last year that this item be reviewed was that hunting within the City be banned completely with the exception of the river bottoms only. Peterson believed that the revisions prezented tonight were minor and the Council had h'ad 1C.-he opporfunJty to study the prevIOLls draft . He added that the intent and purpose of the Council had been to zestrict the hunting areas, which had berm cicrompltz;hvd and , therefore, he would not :support the motion to continue . Andf..-r:aon stated that ',-,.e had talked with police Staff today and they had Indicated that they were comfort,able with the ordirlance as written . Anderson added that he wou'ltl have likt--�,] to have had a policy officer preopilt. to =,ddre::,-_ the and without that discussion he wa.; not comfor able nq the ord 1 nance, .7(11111i,f that "L,n' ff 1jak cuficer.­,,_J. about tht, :,hotgnn slug} which had not- Let. ' j4t d(- f *­ .L � i - I 1.)r(:V o U--',1y ju I I I e be I I r-vetl that t h t:- z v 1 f; I ons would be :-,catisf,-ictory For riffl)l1c; L;c-,, fvty I I U 'L t- t f1i t: t -r 5, 1999 IT-Irris ht--l1evt-d that there were two issues to be resolved : t-C, ",c)t7i f-, -_- �5t 11 s t 1 c a I I y a t t!i f- (,r 11 ria r i c-e which i z more -trict— vP , .and 2 ) if the ordinance is cane which the City -.nn live with . f-hfi-n a�;ked Anderson if wttlh the clarification on the ohotgun nrea if he w.a more comfortable with the ardinance . ::,tated tl)at he 1-,elleved t1hat an acceptable, compromise would be to .approve the Is Read lrig u ' the Ordinance .and have the 2nd Reading not appear con the Calendar , but rather be in the form of mother hearing and have police Staff and residents be able to provide additional comment at that time . Anderson stated that he would prefer to take care of the hunting situation once and for all . Harris stated that there were no non-huntInq residents on the Committee, ajid she would like to have more public: participation by the non-hunterr; . Anderson -,:ttated that he was not comfortable with the 4-; rdliiance and wnald not br ut-,tll. he had police departmerif a p.,).r o v a 2 - Anderson state,1 that the previous ordinance was unenforceable and believed t-his ordinance to be the same. . Motion to continue this Item failed 1.-3 . Harrit:;, PIrIcock and PfAcro-on all voting "No" . Harris inoved, seconded by Pldcoc:k to approve the 1st Reading of Ordinance No . 39-27 with the understanding that the 2nd Reading would not appear on the Consent Calendar and that public comment would be received at the 2nd Reading. Motion carried 3-1 . Anderson voted "No" . Anderson stated that the reason for his "NO"' vote was that he could not accept the procedure followed at this time . W, wanted a report from the police St-,aff . Ander5uri :Mated that he had asked in July 1988 that this issue be resolved prior to the hunting season this year and was disappointed that he had not been given the information he had requezted . Plcicock r-(-)nrurred with Councilmember Anderson that It was infair that he artJ the Council bt,-- pii- in k, jjtj without police Staff analysi .s . a.-Aetl If the ordinance coverr-d it r f r1a uly that air rifles were_ Covered . r'i l 1 C't u n c i 1 Mi rtt.ates I 17C. etnl e- I I9 ,139 VIA . PETI TIINS, _Z<E;UE^T^ s, (70MMU1117 ITI ON. A . E-DEN PPA.IE IE._r'.;'N'r.PA L HOME 1.1y M.1r(- __, ^_ . rl)t.)zation . AppeaI from Decision L,f rFvt:4rd uf: Appeals Re•7.ird ing V.ari,-+ nce Recltar�,- t for rot Si -,t, , Lot Depth, anc] Lot Width Cormr,un i ty Co:r,mt rci•a I D ist:r i r_t . Locat ion : South of Terrey Pink. Drive, at• ;t f :--aunty Goad #4 . 7ty }+? r t� to_ t:.t•c tho t- t~i1r. si.lrc o 't p r � 1 I ' � � t'��.t�rr•.-i1`� il,a .1 �t_il .r-r'j t}a� V.-aCiartC"_ rt"(jl,ar`=t an+3 t!lf' r_,ilt 'd•is' ?-)ef4rt' t1' ^Ct;.lt:i;11 t 0rIi'j11t t0 a[tpe.Z!l t1:?t .leci i ort . Plcicock ::•:-)tf—d that the of thu Board of Appe .ils c(ji 1)Prn different- if •3 fu.11 board h'ad present . Pc:tc,r:-: c>n 1t,itetl that tirzic-_ s th,e Co;inc- i I wished to rtoptrn the ire t.Zr? Of i. .ntl I.. aC t'ile tli CU .� l'Il Jt1t.2it� iJe limited to the variance re!;t:est . Pidcock he 1 leved t 1a;tit t f:ht• Council had hear(] th#_ inforanation nece;rsar. y rt�g.3rding the land use and that only the var i 7ince _request should ile considered . Marc Sc-nn, representint t ht.- proponent, stated that the r Board of Appeals, (lecis3 on had been based on its: ioea ief l that a hardshlr case did not exist and that this variance wo"Id be a precedent-setting issue . Senn believe.d that becautit- of the development existing all .around this Parcel that ra 1-1-.arclship did exist . He .added that It had h,-en on ^ta £f ' :- r -<:,na,nr�ric3,,l3tan that: the proponent proceed with a Community Commercial desigr.:ation fur the parcel , °era:i ated that he did not believe the land use would overtax the property and could provide the Council with an extensive list (if existing funeral homes throughout the Twin Cities which were looted on less than one acre of land . Fenn added that all of the parking requirements had been met .and that he had the plans available if the Council would like to see them again. Peterson asked what mailing list was used to inform ti-,e public of the Board of Appeals hearing and this appeal . Enger replied that same list that was used to notify rt:sidents of the public hearing . Petr'rs ctrr requested that If ,r;yt,nt? in the jut] I t.ta: i• hacl 1jew they could ad,ires: t txe Council . Pill !•ty(-r:3 , ropre:,ent i ny EI im Shcarf�,;, .:asked i f the Council w'c,t1ld c`:= p1CtL)rt-s to lie ~ul•^:itfkl t,) v'.Iow t-1hat wore than Just the third £- lo,ar of the csc,anplex would be _affected 1;y the view of this project . Peterson asked if the ;c.t�tnira is sues 1'rad peen cl i ::v ussed further . Senn replied Cou n c i 1 M i 'I Utf2 'Z S e ri lie r 5, 1339 that 6 add 1 t i(>ri,,I "'-I .,,e t r e :-s i I t] be i dd e d t r _-t e r so n the creenirio li.-.id !_,t-en resolved, [Ihat Cowicil to make . ..1h,-1 aclilp"-i given signif icant assistaric:c-.. !:-y tht-, to ;et its project off to a good start ir,d was ahout the amount or� pressure being placed on the Council to change Its decision . Pldcock bellcverl that-, the lane? !.)se w.--is ari(] said ::;he w,�u.'Lc the- 1 d e c is I on n;aT.1.2, rlcicock move-r], -econded by Peterson reverse the deci-_--init t.)f. the Board of Appeals and gr--int Vari,=.knce Reqtie-st No. 89-42 . P e t n be 1 o­v t,d that +,--h(- Poarld of Appe�al_; dt-c1 ;:; 1on was in.- fill i"ZoJect n(-)t r and _TL. w.'i�,� also fo ;_ the City un 11 to this project az a unique situation . Pauly recuiiimt-nde_�d that the Council articulate the reasons fo: the appropriateness of the reversal . r1etcrson stated that the reasons were : 1 ) hard-zhip case ap,propriate bf-CiL)Se of the uniqueness of the property, the Project would not alter the character of t1he neighborhood, 3 ) this project was an In-fill project which would be difficult to develop as noted in the Staff Report , antJ 4 ) the Community Commercial designation was ran approprIate des- i(jriation based on the Staff Report- . Harris; concurred with Councilmember Pidcock thi-it thl:-, been a difficult declilnn; however , she believed that exteiiiiating circumstances did warrant the approval of the project . Harris requested that the landscaping be as intense and as extensive as possible and bo-. to Staffs 1* .3atisfacti(jn . Anderzon stated that he would abstain from, the vote because he was not In attendance at the meeting where the majority of these Issues were discussed . Motl(_n rarried 3-0-1 . Andt�rson al)stained . I.Ey Appeal from DecluIon of Board of Appeals V41r1 .3i'1C1P Raquezt for P.-:!ar Yard rr-_ t1,.:.4ck within P I. - 13 . 5 District . Local.—Ion 1 (7 r,3)-1 S 1) ,1 t 11 M o r d 133-­ atl K1iyf)(,r stated that the; back of his house wa,,, 31 feet from the back of the lot llnt�, No nelghbor.7. ,.Rd objected (-)12 1 j C-i M 1 1-11)t e tc) con-struc-t a -2111 - frc) t of the bac}-, - 11t- ) F lie home and h.i(I iti fact - lt� -cl I etter F to, that .-.I f f�- c t FLiyl)er, did not bell-vi- th. t y of I of the Fo.ird of AI)pe-alz; had cci!n- ()ut to hi --, property to gee h(j w - it would affect the nei gl-iborz Peterson asked Kuyper what the clistarice wa--, betw-;---- n his h on, � -t •-.ind the home behind hll;t . i"--r, ,De I I e v P d t he diotance to be apL)rc-,ximaL, , 1 -, 9n, E,--t, -,- .r t h a t- JL a c t I i ha n what -at his prog)o--•-d d+--ck would be . Eager presented drawing%; of tt�ie layout for the Council to be able to vi -:tiallzf, th(.� proJf-ct . Eager pointed out that the honF;ef,-, staggered and that distance 1)(2tv(--,-n ltht-- Koypt- r home and the home immt--!dlately behind hi.- to be GO fVett . Peterson -isked Eager slut the rationale for the rear lot Ilrit--- setback--, . Eager replied that the I.Poard of Appeals had granted a partial varlancr, for a 1 -1-foot deck . Petr-rsnn a--Res] if to 11"t.: north could build Lc) ,; 1 t i 2- t- r)f t 1 f 1 int°r. . Peter.,-on also noted that the- wii3 not 0,--ck --ind the proponent had indicated in the zeaueia-t that everiltually the deck would be Inade Into a three-Sea.-,oll L:)Oxch. AnJe --son -I-11-itod that tl-ie residents should know the limits of the u5e- of their proj)erty prior to purchasing it . Andprrnn ad.ded that this request was going beyond the rules and regulations set forth by the City. Pf.-te.--ornn bcliQved that the Board of Appeals had offered a reasonable compromise . KuypF2r stated that he had not checked Into the limits when lie, had purchnset7 t-.bt- proj.)erty . Kayper believed that the sidey,ir,l and r2aryard --ethacks were more restrictive than o t h t!-, (,om m u i,i t jie,.5 . He adduct that many Individual-, lifestyles were different and he and his family planned un spending a lot of time on the deck and believed that only a 14-fnot would be too restrictive . And--r:,(:)ri a�5)-,P-d how much dl .z;tcance KUYL:If:�r had on U;(-:� L. 141 I e- ( f h 1 - Lome K)iyjier replied that a nel�j- hbor !-..ad built j gazebo the �.Ide of his home :and, therefure, 1-je w(-)jJ1Lj not lnav, -,nnogh room on the :, Ide of hi.,.-, home . P t2':e �-:s'n .:-- t-:i',-.t,,-d that the City had regalat ions to protect botlri 1,ht hc-meowner and the neighbor.:-, -,nd tlrie- City had good for the setback that It wa." vf::'r.Y whert lie had tried tO follow all the- r-tilt-s ond ;'t)L`! Y f'O,- i i N i ► f rullIlC� 1 Mi;:utc� 17 ^eptFmber. 5, 1989 wLen there were n;•-+ny residents doln7 the same things ' without getting t1h.�t it had been 17 wMrk:�. :;iIIce he h.z i ,q)I)Iiud f ; r ' ' 1; _ . n1 - t . Pideock stated that there were LNr►.. ltie for tY,o..e who built without L_)ermlts -inc] in f_ict the City had forced t t down s r ,_.`_ Which they 11,ld built 4 re., ident:� �� ,.a3.« trurtu_ without a pNrmtt . Pidcock believed that the Poard of Appeals had offered a reasonable compruniiz;e . C-r,ct. M0V. -d ec;onrded Uy f!._t t(-) ul;,hc;1l the Board of 1+£ i,eal�, deci s. ; un . re ter sort .;tat<<,] t ,,.-.+t I.. e app� eciate_•cl Ku;il.,e r ' 1 fruZ.tratIon; hnwf�vrr , i t; w,:s' t.,?..e Inc:otect tt-le r lght-s of ,veryone . Motion carried ur►ani►nou ly. Dwi <jht ParvEy, nog+rcl of Ap£,F.-cls member , stated that he had visit: �? the site . C. Traf E cStudy Pe jije,;t b*i S.ne Do den Petersen stated that residents were concerned about the amount .and the L;pec:d of the traffic on Village Wood Drive and requested that Staff review this izcs►re . MOT TON Flarris moved, seconded by Pldcock to direct Staff to conduct a study on the traffic and speed on Village Woods Drive . Anderson asked how long it would be before Mitchell Road would be reopened . City Engineer Alan Gray, replied that technically residents could drive on Mitchell Road now . The underground utility work had been completed and the sign, would be removed within the week . Peterson asked Gray If he believed that the closing of Mitchell Road had a signific-7ont Impact on the traffic for village Woods Drive . Gray rrpl. led that tie bctl i e,vt­d the traffic was all neighborhood traffic and had not been i ££e; teed by the closing of M t:cheI I rZoa d . Mution carried unanimou ly . VI T T 7E^0PT-r^ADVI ';nRY (70MMT1"2 'l*"' , t �. C: ty ('ouncil Minute 13 ^.•i;' «` :;tiY_a�, r `-, '989 X . REP^RTS OF t'!FFT^r R^ ?�)APP^ COMM,I S T;N A . R :_. �,r_i : nf_ Cc)iinc i.' *1,�>mhf-r _ . r', r+_•etion-sl !7.! g.p-=.---_i..n F«a«gin Prairie PidcocF: :ct.ated tt.r.at th«.-re W't tin c«�r� • _ .t-envy for tttr 11r(2c:tIonaI : iynz; it-i the mitjor center arPa. . Thtere werF• no signs which save viz- itors .any Indication nn, how t,,-) get to the ma—J or highway :y:;tems . r idccck believed that it would be to 1plo::: for Eden Fra tr ie t.r) h,-zve t T:R :; , type_ of signs Pasted for county and t-ate o.adz . « Harris asked If it would also be po - ible to }rave the hr,nr-. numbers Indicated on the street signs, (ex: 200 to 900 ) . Gray replied that the cost to the City would incr«_ase because the signs would need to be increased in sire to accommodate the additional lettering . Gray added that he would address the directional skin i soue with MnDOT. 2 . Fmolo Rec-ocini t ion Tnvi t.-ttion- Pidcock stated her disappointment in the invitation to employee recognition events be extended only from the City Manager and the Mayor and not Include the remainder of the Councilmemhers . B . R a Dr t._._o f C I tV _M.a rl a t3 1 . Vic-tic"�.Ldt:�1��J��rlt rite Cc�_ut�cil 'Hi - �' t-,r i «. .i3. �_ t�u t-�.ir:t1 Commizision iireuting from September�?G , 1939 �to Nove her 14 . 1939 MC1T r71V: Pidcock moved, seconded by Harriti to reschedule the meeting date from September 26, 1989 to November 1.4, A. for the Joint City Council/Historical & Cultural Commission meeting . Motion carried unanimouzly . ?. . Re rh, u� _..j t City Counci lfpark � crFa t. I u� � Nat:it-_.:..l Peso Ir e; .('..0111 n meet : rc r �, 11182 t-o Set tember 2.5,E . `1"9 MnTI4N: H.ir r ; ;itnverl, ,.:ec'onded by TIldc:ock to r eschedult, the J'o i nt t^ouiicil/r ark-- , Recreations & Wi+ Iral R"snrirces meeting from September 12, 1939 to Zt:pLumber 2G 0 . Motlotr carried .ar�•anim+�,.: ly. C.t . I9t�n_ro Rc=vI ow T.,Zw u� c'.imb ing Com itj„ I ttar+ PNi-«or# and t•n 1.11 It e 13 D13cuss Capj.tal Tmr)rov(,mento Harris moved, seconded by Anderson to :-- et a Special City Council ateetincg for Tuesday, October 7- 4 , 198I-1 to review the Lawful Gambling Committee Report 7, n,2 to discuss Capital Improvements Project: . M(-)t io n ca r r i e d unanimously . 4 . C1 J1,111le- reported that t1',e lea�e f,Dr. -7-xl.,-; ting _:pace wou'LLI expire 1r, Febrtiary . -the lt-aste- agreement would he $'8 . 50 per --.qnarf- foot of office sp.-ice . '711111e ,-!tated that he had contacted several leasing agents and had determined th4.3 to be a fair market price . Jullie added that another uption for Council consideration wotild be tc, ,Ilk-'Ve to a lower cost f.-IcIlity, 1 "'t that the c!i.-ility would .--LlL;rj he lower . J u I I I e r o mm e n d e d cotj--� iA]eration of the current propo,--.al . Peter--.uri asked if there were any penalties . -T U I 11 e replied that if the City left the facility after two years there_ would be -a $ 2 ,000 penalty. Jiillie added that there could 'ht:- i possibility of a lower rate if the City would lease for a longer term . Pidcock asked wh.-.t11- wooL-1 he the proJect-?rl saving^ if the offlc-�_--. were inoved to a lower co facility- '11.111 le replied that the savincl estimated could be approximately a130, 000; hovever , the Council also nec-decl to consider the moving costs of approximately $60, 000 . P t-,t e r �-,o ri ::,t a t e Ll that he would not encuura(�e a move at thin time. Peterson asked when a decision needed to be made . JUllie replied the deadline was 7 (lays from ton lyht . Linda Winer , representing the leasing company, stated that the building owner appreciated the City as a tenant; however, the landlord was also entitled to an increase in rent beCaUSe of the inflation rates . Winer belli--ved that $3 . 50 was a fair rate. The going rate wa-, over. 59 . 00 per square foot and believed that the discount being offered the City for the amount of space rented was .:-I [,:Ilr on& . Pldcock z-- fated that the City was a gond ttariant zind that L;h o u I d a 1 o L)e w o r t h s(7j in e t In I n t3 to t h 4e I a 11%-3 1 k)r(I . Petersen rerommi�-nded sending this back tr,) my r-" far Inell r further )ipgotlatlon . Peterson belif:•"red that if thr City werf.--.- to guarantee three more year: ltherM shotild not be an e-scalation in the r.-:it(-- . Sillell replied that the decision needed to be made within 7 days ' i ty A ys 1 f �'Jjf' C intended to cuLinc i 1 20 St:-Ptrmber S, 1989 zt�riew the 1,-.?1-iSe or not . 171auly noted that the Ci ty w-as to li,-tve received an e-.t1mat,- 110 day-, a decision was to "-,e made and this djJ not '-ike place. . Winer replied that On I w.-,�' .-In howeve- r , City Staff had Indicated that the -30 clays was not necessary. Pi--ILlly added that the i1rovision in the lease agreement which stated that -"30 days In advance nf the six month Hxpi rat irn date the --It_v was to be notified of the market rate was built into the contract to allow th(� City -ample time to consider its 0 L--,t I :)ri.-0 . ?,101Y if the time co-,.; 10 bt! extended to the "'opt ember 19, 1939 City Council meeting . Winer --igre-ecl Lo an i-xtettsion to the :3(:tptr--mbt--r 19, 1919 City Council meeting . Sinell asked if the Council did not want an .arly-out provision . Winer asked if it would be acceptable to hold the rate at $8 . 50 per square foot for the three year term . Peters- on replied that the negotiations were tip to Mr . .13inell . C . Re ort of City Attorney D . Pe ,tart of -P -�-tgLIL (:I T n;ij E . i?i N tom, a _f?. rks Recreatlon N.,.itural Ret3ourcit;;L F . Fftnort of Directo L P-4 L L K.�-, G . -I Petetson asked If the City Council would like to conduct interview to fill Doug Fell15 position (in the Planning Commission . MOT N: Pidcock moved, seconded by Harris to conduct the Interview for the opening on the Planning Commission on Tuesday, September 19 , 1989 at 6 : 00 PM . Motion carried unanimously. xii . N I&T.),101 .-KE.- --i-F L MOTIF Y : Pidcock movecl, !:seconded by Harri :i, to adjourn the ine(-ting at rm . 1,1ntion carried unanlmoaZly.