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City Council - 01/18/1983 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 1983 7:3n PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson , George Bentley, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Servicesi Robert Lambert, Director of Public Works Eugene A. Dietz , and Recording Secretary Shirley Hanson INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present t I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS a The following items were added to the Agenda: IX . A. 2. Petition for Stop Simon; IX. B. 3. Designate a voting delegate for Leacu_e of Cities Legislative Action Conference on January 26, 1983: and IX._ B. 4. Discussion on Lake Ann �Intercetor w Seer Construction in Chanhassen. The following item was added to the Consent . Calendar as item III . J. Request for a Liquor License for Kabuki Restaurant (for- merly item V III. A. ) T- MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4 , 1983 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, January 4 , 1983, as published. Motion carried unanimously. III . CONSENT CALENDAR A. Change Order No. 1 , I .C. 51-308A-1, I-494 Bypass/Grading B. Final Plat approval , Coachmans Landing west of Hiawatha and south of Village Woods Drive formerly preliminary plat of Pheasant Oaks 2nd Addition �- Reso- lution No. 83-18 C. 2nd Read in of Ordinance No. 2-82, rezoning from Rural to R1-13.5 and RM 6.5, Approval of Developer's , Ag eement for Arbor Glen, and Adoption of Resolution No. 83-13, Approvi nQ Summary of Ordinance No. 2-82, and Ordering the Publ_i ca- tion of Said Summate for Arbor Glen. 78 residential units in the north- west corner of Valley View and Baker Roads. City Council Minutes -2- January 18, 1983 D. Final Plat approval for Arbor Glen (n.e. corner of Valley View/Baker Roads Resolution No. 83-17 E. Clerk's License - List F. Snowdrifters Snowmobile Club Request (Resolution No. 83-11) G. Request Public Hearin_ for removal of diseased trees on private property for 2%15/83 H. Authorization for expenditure _of CO ,,1tT1Un1 t Development Block Grant Funds for (-Reso1 uti on No. 83 20 I . Apt rove Plans and Specifications for Arbor Glen Improvements and authorize -- - bids to be received on March 1, 1983, I.C. ion No. 83-21 J. Request for a Liquor License for Kabuki_ Restaurant (formerly VIII . A. ) MOTION: Bentley moved, Redpath seconded, to approve items A - J on the Consent Calendar. Motion carried unanimously. ` IV. PUBLIC HEARINGS A. Ordinance No. 1-83, relatinq to the regulation, licensing and use of gamblinq devices City Manager Jullie explained that an ordinance had been drafted by the City Attorney and follows the general guidelines set forth in State Statutes . This requires that a city adopt such an ordinance if it desires to issue a gambling license. The ordinance limits the gambling activities to certain devices : paddle wheels or tip boards , pull tabs or ticket jars , and apparatus used in conducting raffles. The organizations which may conduct these are spelled out in the ordinance. Jullie further reviewed the other provisions of the ordinance Redpath asked about the licensing provision. City Attorney Pauly stated all licenses granted under Chapter 5 end on December 31 therefore the termination provision of this ordinance calls for the same. Penzel asked what type of fees will be required. Jullie said Bloomington has a $300 annual license fee and charges $32 for a one-day raffle. Penzel asked what type of reporting requirements the City foresees. Finance Director Frane said it is difficult to monitor this type of operation without going in periodically to see what is going on, Penzel asked how much Frane thought it would cost the City to monitor this to make sure the organization is in compliance with the ordinance. Frane said he thought $150 per year, if the City were to do a credible job. Les Bridcer, Public Safety Department, spoke to the experiences of other municipalities noting there have been few problems except in bookkeeping. He stated the concerns of public safety are. that additional people would be coming into the City and would result in more people drinking and more drunk drivers . This is something which public safety will have to watch. City Council Minutes -3- January 18, 1983 Bentley asked Bridger if this had been a problem in other communities . Bridger said no one has kept statistics on this . There have been no signi - ficant problems. These are only the concerns of the Eden Prairie Department of Public Safety. Tangen noted the ordinance has a much broader definition of organizations which might participate in this; the American Legion would not be the only organization which would qualify. Tangen expressed concern about writing an ordinance for one organization and opening the door for others. Anderson asked which other cities have ordinances such as this . Jullie said Richfield and Bloomington. Bridger said they are confined to the American Legions and VFW' s in those communities. Bob Duveaux, tip board representative, said the cities of Chaska, Shakopee, St. Louis Park , Hopkins, and Savage have gambling available. lie went on to say that in those communities the Lions , Elks , Eagles , Moose, Shriners , etc. qualify for the license with the majority of the money going back into the • community. Bentley asked how the dissemination of receipts is broken down in the pro- posed ordinance. Pauly said the beneficiaries and purpose of the ordinance are spelled out on page 2 of the ordinance. This section is right out of the State Statutes. Bentley asked if these are the maximum gambling devices permitted under State Statute. Pauly said it is ; bingo is a separate authori- zation and is not covered by this ordinance. Redpath said he felt the ordinance covers what the Council :Mould basically want. Penzel disagreed with this. He felt the cost of enforcing this ordinance will be more than has been anticipated. He said the idea of drunks on the road is a disturbing one. He did not see where a provision for a real community benefit had been included. He did not feel he could support the ordinance. Redpath said other cities have allowed this and the organizations in Eden Prairie have a right to this also. Redpath asked Pauly if the City could turn down a license application if the organization did not meet all the provisions of Subdivision 6. Pauly said if the proposed uses of the proceeds were not in the lawful purposes set out in the ordinance that would be grounds for denial . Penzel asked if the ordin- ance set out any lawful purposes . Pauly said broad parameters are set out; the City Council can further define these. Anderson said he has spent a number of years in another community coaching Youth. During this time he has always been able to go to the American Legion and VFW for funds (the American Legion baseball program for example. ) These organizations, he felt, provide on-going, responsible programs for the community Tangen said he is less concerned with the alcohol part of the issue. He felt the definitions are somewhat broad. He expressed concern with the paddle wheel device because it is a continuing type game. He said he was also concerned because the use of profits is not spelled out. He indicated he will vote "no" due to the form of the ordinance. City Council Minutes -4- January 18, 1983 Vern Seck, representing the American Legion, said the profits will be distributed to the following: Eden Prairie Crime Prevention Fund, Eden CPrairie Fire Department, Eden Prairie Senior Citizen Center, Eden Prairie Park and Recreation and the remainder of the funds will go the American Legion. The distribution will be 60% to the various organizations and 40% to the Legion. Bentley asked if it would be possible for the ordinance to require that the net proceeds be divided for community betterment on a percentage basis. Pauly said that might be done. Bentley asked how long it would take to get a reading on what the costs would be to appropriately monitor this ordinance. Frane said he thought everyone had a different idea as to what monitoring means. Penzel said he would like to see something in the ordinance which would insure the enforce- ment of the ordinance. MOTION: Bentley moved, seconded by Redpath, to continue the Public Hearing to the first meeting in February, to request City Attorney Pauly to review the Section on "lawful purpose" and redraft that based on the division of net proceeds for the betterment of the community and to tighten the Section regarding organizations covered by the ordinance. Motion carried unanimously. Tangen said he felt the Council was talking about two types of licensing: one being gaming and the other being that sort such as raffles . B. Towers Addition _by armo�T. Michael C . Request for PUD District. Review of 6._75 acres , with variances, for medium density residential and single family uses, rezoning from Rural to RM 6.5 for 8 quadraminium buildings and from Rural to R1-13. 5 for 2 single family lots and preliminary plat of 6.75 acres for 8 quadraminium buildings (32 units) and 2 single family lots. Located north of Carmody Drive and east of Mitchell Road. (Resolution No. 83-22 - PUD; Ordinance No. 2-83 - Rezoning; and Resolution No. 83-23 - preliminary plat) City Manager Jullie stated official notice of this Hearing had been published and adjoining property owners had been notified. Bill Dolan , Meadowood, Inc. , Planners and Engineers for the developer, pre- sented the request for PUD District Review. Director of Planning Enger noted the Planning Commission had reviewed this �I proposal at its December 13, 1982, and December 27, 1982, meetings at which time it recommended approval of the preliminary plat and rezoning subject to the recommendations contained in the December 23, 1982, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its January 17, 1983, meeting at which time it recommended approval subject to the recommendations included in the December 23, 1982, Staff Report. _r:_ City Council t-li nutes -5- January 18, 1983 Anderson asked if the tot lot is to be maintained by the homeowner's association. Lambert said it was. Bentley said he would like to commend the Planning Commission for the work it did on this project. He noted that this shows what can be done when a developer works together with the Staff and the Commission. There were no comments from the audience. MOTION: Redpath moved , seconded by Bentley , to close the Public Hearing and to adopt Resolution No. 83-22, approving the development of Planned Unit Development for Towers Addition. Motion carried unanimously. MOTION: Redpath moved , seconded by Bentley, to give 1st Reading to Ordinance 2-83, rezoning from Rural to RM 6. 5 and from Rural to R1-13.5 . Motion + carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-23, approving the preliminary plat of the Towers Addition . Motion carried unani- mously. MOTION: Redpath moved, seconded by Tangen , to direct Staff to prepare the Developer' s Agreement subject to the recommendations of the Planning Commis- sion, Parks , Recreation & Natural Resources Commission , and Staff Report of December 23, 1982. Motion carried unanimously. C. MICRO-ED,_ INC. Request for Interim Use of 0. 67 acres of property zoned as Rural for Office Use. Located at 8108 Eden Road the southwest quadrant of the intersection of Singletree Lane and Eden Road , south of Lake Idlewild. City Manager Jullie noted that official notice of this Public Hearing had been published and notices had been mailed to property owners within the project vicinity. George Esbensen, Business Manager for MICRO-Ed , INC. was present to answer questions. Also present was Thorwald Esbensen , owner of the business. Director of Planning Enger said the Planning Commission had reviewed the proposal at its December 27, 1982, meeting at which time it recommended approval of the use of this property for an interim use for a period of three years subject to the recommendations as included in the Staff Report of December 21 , 1982 , and amended by the Planning Commission (see Minutes of the Planning Commission for December 27 , 1982. ) Discussion on the merits of interim uses ensued. Parking needs and require- ments were of major concern. Redpath felt three years was long enough for an interim use. Bentley said he could support an interim use. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to approve the request for an interim use of 0.67 acres of property zoned as Rural for Office use located at 8108 Eden Road. Motion carried unanimously. l City Council Minutes -6- January 18, 1983 D. EDENDALE RETIREMENT RESIDENCE by Twin City Christian Homes. Request for Site Plan Review and amendment to PUD for Edendale Retirement Residence upon 2.95 acres to construct a 61-unit, five-story elderly housing apart- ment. Located north of TH 5 and west of Prairie Village Mall and Prairie Village Professional Building. (Resolution No. 83-24 - PUD) City Manager Juilie reported official notice of this Public Hearing had been published and proper notices had been sent to neighboring property owners . Gerald Mundt, Architect for the developers, explained the proposed retirement residence to the Council and introduced Bruce Farrington, President of Twin City Christian Homes. Director of Planning Enger said the Planning Commission had reviewed this proposal at its December 13, 1982, meeting and had recommended approval subject to the recommendations included in the Staff Report of December 10, 1982. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its December 20, 1982, meeting at which time it recommended approval subject to the recommendations included in the Staff Report of December 10, 1982, and the Community Services Staff Report which recommended construction of a hard surface path on the northern, portion of the plan.. The Parks , Recreation & Natural Resources Commission also recommended the City Council consider waiving the cash park fee only if other City fees are also waived for this project. Penzel said he was concerned about the name and the fact that Edendale and Edenvale sound so similar. Farrington said he had no strong feelings regarding the name and it would be changed in the very near future. There were no comments from the audience. Discussion on waiving cash park fees followed. The consensus was that this housing, to keep costs down, should be exempt from the cash park fee. The people in this housing will not be using the City parks to a great extent. Tangen noted this waiver should only be done in very special circumstances . Anderson noted he had been on the Parks , Recreation & Natural Resources Commission at the time this was discussed and the Parks, Recreation & Natural Resources Commission had wished for direction regarding fees at the time they were considering the issue . MOTION: Redpath moved , seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 83-24 , approving the development of Planned Unit Development Amendment for Edendale. Motion carried unanimously. City Council Minutes -7- January 18, 1983 MOTION: Redpath moved, seconded by Tangen, to instruct the Staff to prepare an agreement to include the recommendations from the Planning Staff report of December 10, 1982, and waiving the cash park fees for this project. Staff was also directed to prepare a memo describing an appropriate policy for waiver of cash park fees. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5605 - 5823 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 5605 - 5823. Roil call vote: Anderson , Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . APPOINTMENTS A. South Hennepin Human Services Council MOTION: Redpath moved, seconded by Bentley, to appoint Mary Hayden as Consumer Representative to serve a two-year term commencing 2-1-83 on the South Hennepin Human Services Council . Motion carried unanimously. MOTION: Redpath moved, Bentley seconded , to appoint Councilman Anderson as Council Representative to fill the unexpired term to 1-31-84. Motion carried unanimously. B. WAFTA Board MOTION: Redpath moved, seconded by Bentley, to appoint George Kissinger as WAFTA Citizen Representative for one full year commencing 1-1-83. Motion carried unanimously. C. Suburban Rate Authority. MOTION: Bentley moved, seconded by Redpath, to appoint John Frane and George Tangen as Director and Alternate Director for 1983 (Resolution No . E3-16. ) Motion carried unanimously. D. Appointment for CiAttorney for _1983 MOTION: Redpath moved, seconded by Bentley, to retain Roger Pauly and the Lang, Pauly & Gregerson, Ltd. law firm as City Attorney for 1983 with the change in fees as requested. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. l VIII . PETIfIJNS, kF=QIJESl'S & CGl.',�IUNICAT� ONS ' m A. Request for a Lirtuor License_ for Kalhuki Restaurant (continued `rom January 4, 1983T - moved to Cori sent Caloridar as_item I II I . J. B. P-o:,est fcr Final Plat approval for `:hady Oak Industrial Park Gth Addition by Ri and Anderson of 7 . 3 acres for two lots , forrerly }.ortio_ns of Shady Oak Industrial Fark 3rd addition (Resolution No. 83-09) - continued from January 4, 1983 City Manager Jullie reviewed the options available noting that the Onus Corporation is in the process of attempting to record the deed which they have from Anderson Development Company for their access to hest 70th Street. MOTION: Bentley moved, seconded by Redpath , to approve Resolution No. 93-09, approving final plat of Shady Oak Industrial Park Sixth Addition s_J::ject to the resolution of the recording of the deed. iMotion carried unanivously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Suggestions for Long Rance City_ Goals Mayor Fenzel addressed the first item on the iitemorandurn from City Manager Jullie regarding increasing efficiency. He outlined a program - "The Quality Circle" - which would involve employees of all levels , using a half hour weekly to meet and put toget►zer changes for the .refit of all . At this point Redpath suggested the Council move on with the Agenda and core hack to this matter at the close of the meeting. 2. Petition for permanent stop sign at the southbot.nd intersection of Mitchell IRciad and Scenic Heights Rod a .__ MOTION: Redpath moved , seconded by Anderson , for the City to erect a permanent stop sign on the southt>ound corner of Mitchell Road and Scenic Heights Road. Motion carried unanimously. B. Report of City Manager 1. Cable TV Service City Manager Jullie spoke to his memorandum of January 14, 1983. He asked the City Council to add The Cove subdivision and the Golden Ridge subdivision to the areas not covered for initial service and not men- tioned in his memo. Jullie introduced Ralph Campbell , cable adninistra- tor. Also present from the Cable Commission were Attorneys Adrian Herbst and Gary Matts. Ms. Dottie Rietow, representing "Cable systems", was also present. .. ._ .. J City Council Minutes -9- January 18. 1983 Campbell explained that most of Eden Prairie is part of t-he initial r service area, that is , areas where there are 40 or more rues per mile and that are presently being served by City sewer and These homes would enjoy uniform installation and uniform monthly ra .!owever, in areas with lesser density the homes would fail under the : ne extension policy and would have greater installation charges , but ifo m monthly rates. Campbell noted that following comments by the E F Prairie City Council he would like to go back to the operation commis n -,.o have a Vote to see if this proposal is acceptable, to draw find � :jpperting the acceptance of the proposal and then to go to the Southwe� u` :rb:: n Cable Commission to ask for their vote. He stated there are 62 ? jmE s in the southwest area of which 4,700 are in Eden Prairie. 610 c tie 62, �OO do not have cable service; 76 of those are in Minnetonka ; . are in Eden Prairie. Jullie reviewed reasons ,why The Cove and Golden Ridge had ornitted from the initial service area. Tangen said The Cove was being �rirninat��d against because of its location. He felt the reason for c - r lud'ng the other areas was that they were not fully developed; this is . the case with The Cove. Redpath recalled what his understanding was -.n establishing : the areas t-- be served. Jullie noted the costs involved in <.xtending serve( to all residences . The question as to how this cost should or should not be distributed was discussed. Redpath felt the Cable Commission was doing a fair .lob and that Eden Pra i ri c should not impede progress for the other four cities involved. He said he would like to see this returned to the Cable Commission. 4L Bentley felt the areas presently not served would naturally fall into service as they developed. In general the proposal was good but The Cove and Golden Ridge subdivisions should be included in the initial service area. Tangen said he thought The Cove and Golden Ridge are well within the developed area. The area to the north of The Cove is to be developed and should be included. MOTION: Redpath moved, seconded by Bentley, to refer the matter back to the Southwest Suburban Cable Commission for consideration of the compro- mise proposal from Cablesystems , and also requesting f„ ?,ther review and consideration by the Commission and Cablesystems to pr. ,,vice cable service to The Cove and Golden Ridge subdivisions. Motion carried unanimously. Campbell noted line extension policies will be written by Cable Commission attorneys. The method of financing unserviced areas was discussed. City Attorney Pauly asked if the line extension policy chance would mean an additional charge would be imposed on those within the residentially zoned areas which had less than 40 homes per mile. Herbst said this compromise would change that. Under the compromise the ordinance would have to change to put them in the line extension area. The charges which will be imposed are those which Campbell explained. VOTE ON MOTION: Motion carried unanimously. i City Council Minutes -10- January 18, 1983 2. Redraft of amended ermit for Flying Cloud Sanitary Landfill E City Manager Jullied noted he had reviewed the redraft and called attention to his memo in which he addressed the major concerns as he sees them. b Tangen said he thought the consultant hired by the City would have provided more technical expertise. Jullie said the consultant had been sent a copy of the redraft. Bentley questioned why the consultant had not been present whenever this issue was discussed by the City and why memos in regard to the situation had not been received. Redpath said to date there has been nothing conclusive from the PCA. Jullie said the redraft does require some testing and monitoring of wells. Anderson asked if a license could be issued which would cover inspection fees. Jullie said that might be possible. City Attorney Pauly said the City does have the right to some local control as long as it does not conflict with the rights of the PCA. Tangen said he disagreed with the wording "we are without objection. " Pauly said whatever action is taken, the City should reserve the position to oppose further expansion. MOTION: Redpath moved, seconded by Bentley, to direct the City Manager to write to the RCA indicating its position: that the City is accepting the PCA decision reluctantly, that the City will require complete com- pliance regarding testing and stating the general unhappiness of the City Council in this matter. Motion carried unanimously. 3. Designate a_ voting delegate for League of Cities Le illative Action Con- ference on January 2.6, 1983 MOTION`:T Tangen moved , seconded by Bentley, to appoint John Frane as voting delegate to the Legislative Action Conference. Motion carried unanimous!,.,. 4. Discussion on Lake Ann Interceptor Sewer Construction in Chanhassen Director of Public Works Dietz explained the proposed changes to the sewer trunk line system in Chanhassen by the Metropolitan Council . Penzel noted that the changes were directly opposed to the City's long range expected development and a breach of a twenty-year old promise to the City for development of the southwestern segment of Hennepin County. Bentley felt the City should object strongly as it is extremely dangerous to the City' s growth potential. Dietz will review the Staff Report he had been provided by the Metropolitan Council and will advise the Metropolitan Council of the Council ' s concerns on this matter. j a 77 City Council Minutes -11 January 18, 1983 C. Report of Director of Community_ Services 1. Report on Edenvale Park Dedication Director of Community Services Lambert covered his memo of January 13, 1983, to the Council regarding park land dedication. The Council in- structed Staff to make known that the Council desires resolution of this matter in the near future and certainly prior to Edenvale's next land development approval . The matter was referred to Attorney Pauly's office. D. Report of Director of Public Works 1. Special Assessment Agreement, Sundquist Addition (S.E. corner of Valley View Road/Baker Road) Resolution No. 83-19 MOTION: Redpath moved, seconded by Anderson, to approve Resolution No. 83-19, approving agreement regarding special assessment, Sundquist s Addition. Motion carried unanimously. A. 1. Suggestions for Long-Range City Goals - continued f ` ;angen suggested this matter be tabled for possibly a special meeting to handle the subject matter at length. In the meantime, Council members are to submit their suggestions to staff. X. NEW BUSINESS There was none. i XI . ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:06 p.m. Motion carried unanimously_ I _.