City Council - 07/05/1988 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 5, 1988 7 : 30 PM CITY HALL COUNCIL CHAMBERS,
7600 Executive Drive
COUNCIL MEMBERS : Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and
Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of x
Planning Chris Enger, Director of t
Community Services Robert Lambert,
Director of Public Works Eugene A.
Dietz, and Recording Secretary Deb
Edlund
PLEDGE OF ALLEGIANCE
�( ROLL CALL : All members present .
�A
I aepnoV,&G OF AG OF H1161,NE,g,S
MOTION:
Anderson moved, seconded by Pidcock to approve the Agenda as
published and amended .
Additions to the Agenda: Item X .A. l, discussion regarding the
light on Mitchell Road and Highway 5. Item X.A. 2, discussion
regarding the drought. Item X.A. 3, discussion regarding
publicity for the 4th of July fireworks .
Motion carried unanimously.
s
I I . MINUTES
III . CONgENT CALENDAR
d
A. Clerk ' s License List
B. RegOlution Ng:. 88-125, jp. Sunoort of Correcting the
ftguireMent of.. Taxati.on of State ,and Local. Government
Emplgyeg Bene f its
C. GLENSHIRE by Associated Investments. 2nd Reading of
Ordinance No . 24-88-PUD-6-88, Planned Unit Development
District Review on 17 . 3 acres with waivers and Zoning
City Council Minutes 2 July 5, 1988
District Change from Rural to R1-9 . 5 on 17 . 3 acres;
Approval of Developer 's Agreement for Glenshire; and
Adoption of Resolution No. 88-130, Authorizing Summary of
Ordinance No. 24-88-PUD-6-88 and Ordering Publication of
Said Summary. 30 . 6 acres into 56 lots, 2 outlots and road
right-of-way for construction of a single family
development . Location : Northeast corner of Valley View
Road and Edenvale Boulevard . (Ordinance No . 24-88-PUD-6-
88, Rezoning; Resolution No . 88-130, Authorizing Summary
Publication.
D. Final Plat Porgya_l for maven - d 2nd Addition (mated
north gf Wo landv of, Edenv!slev
Resolution No . 88-131
E. Einal Plat &DpxoYaj for Barth Addition ( located at 16411
H111top Roads Resolution No . 88-132
F . EInal Plat Aaorove for G1eQabIXg ( jocattd east of
adenyale Boulevard and north of Valley. View Road)
Resolution No . 88-133
G.
Digtrict tQ Conattruct a P,arking Lot at Prairie High
School
)
H. $ „ Public Hearing for Street Imoroye=ents-t4_ Hamilton
{ ggjd, I .C. 52-131 (Resolution No . 88-134 )
I .
J . Changa 9rdea kyo . 3 for Wgkter Tren:tment Plant Ex2,40sign.
I ,!,R 52-072A
K . BLUFFS EAST 6TH by Hustad Development Company. 2nd
Reading of Ordinance No . 23-88-PUD-5-'88, Planned Unit
Development District Review on 45. 16 acres and Zoning
District Change from Rural to RM-6 . 5 on 6 .94 acres;
Approval of Developer 's Agreement for Bluff 's East 6th;
and Adoption of Resolution No. 88-129, Authorizing Summary
of Ordinance No. 23-88-PUD-5-88 and Ordering Publication
of Said .Summary. 45 . 16 acres into 13 lots, 5 outlots, and '
road-of-way for construction of 26 townhome units.
Location: South of Franlo Road extension, south of
Normandy Crest . (Ordinance No. 23-88-PUD-5-88, PUD
District and Rezoning; Resolution No. 88-129, Authorizing
Summary & Publication)
L. Riley La} � E!ark Acquisition
3
NOTION:
Harris moved, seconded by Anderson to approve the Consent
Calendar as published and amended.
City Council Minutes 3 July 5, 1988
Bentley asked if in addition to approving the acquisition was
the Council approving the expenditure of funds . Pauly replied
that if an offer was made and accepted that this would bind
the City and commit the expenditure of funds .
MQ' ON:
Bentley moved, seconded by Harris to amend the previous motion
and remove Item L from the Consent Calendar and require a Roll
Call vote . Motion carried unanimously.
Pidcock requested an update on Item I regarding the
metropolitan sewer for this parcel by the next Council
meeting.
Motion carried unanimously.
MOTION :
Bentley moved, seconded by Harris to approve the acquisition
of the Riley Lake Park as recommended by Staff . Roll Call 3
Vote : Anderson, Bentley, Harris, Pidcock, Peterson voting
Pt Aye
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Bentley asked Dietz if residents were aware of the grading in
regard to Item I . Dietz replied the residents were informed .
IV. PUBLIC HEARINGS
V. PAYMENT OF CLAIMS
MOTION :
Harris moved, seconded by Anderson to approve Payment of
Claims No . 43354 to No. 43668 .
Pidcock questioned No . 43414 to Gregg Nelson Travel. Dawson
replied that there was a National Award given for the City
video . Rogers Cable Company was paying for one staff person
to attend . There were two staff personnel involved in the
proiect and it was believed to be fair that both should
attend.
Roll Call Vote : Anderson, Bentley, Harris, Pidcock, Peterson
all voting "Aye" .
VI . OORQINANCES A RESOLUTIONS
A.
of Regreational Vehicles
Harris thanked Pauly for preparing the documents for
review; however, she was uncomfortable with the three.
Harris believed that possibly they could be melded
City Council Minutes 4 July 5, 1988
together . Harris stated that she would like more public
input and that she was not prepared to vote on any of the
ordinances at this time .
Pidcock stated that she would like this to be reviewed by
the Planning Commission .
Pauly stated that this would be an Amendment of Chapter
11, the zoning chapter and would require a Public Hearing,
Planning Commission review and a Public Hearing in front
of the City Council . The most that could be done tonight
was to indicate what the Council would like to see in an
ordinance and to make recommendations to the Planning
Commission.
Anderson suggested sending the information before the
Council tonight to the Planning Commission. This would
give the Council feedback from the Planning Commission.
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Bentley suggested taking a different approach. Bentley
stated that if the City was going to put an ordinance in
effect it should accomplish something, and if the
ordinance were effective additional staff could be
required to enforce it . Bentley further stated that the
public could be significantly impacted by the ordinance .
Bentley suggested the following : 1 ) Table the issue . 2)
Have Staff prepare budget information. 3 ) Allow a six-
month period for comments from the public as to how strict
the ordinance should be. 4 ) Send it to the Planning
Commission.
Pidcock questioned why extra staff would be necessary, as
the City currently had water meter readers and police
which covered the City. Pidcock asked why these City
employees could not also handle this .. Bentley replied
that it would require someone trained in proper zoning
techniques for each subdivision and would require
additional training. Pidcock stated that the
neighborhoods would be monitoring this and filing
complaints with the City Staff . Peterson stated the
police vould not be the enforcers of the ordinance; it
would come from City Hall Staff .
Anderson stated that this issue started with a complaint
and the City did not have the ability to respond . The
City had grown rapidly and with the increase in population
more laws are required to protect citizens rights .
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Bentley stated that because funds were budgeted it does
not mean that the money had to be spent . Bentley further d
commented that the City had not been overwhelmed with
complaints and in protecting one individual 's rights the
Council must make sure it was not taking another
individual 's rights away.
City Council Minutes 5 July 5, 1988
Anderson stated that he was comparing Eden Prairie to the
surrounding communities which all had ordinances that were
stricter than Eden Prairie ' s . Anderson believed that the
Council should be able to give the residents who had
complained some results in a reasonable amount of time . .
Pidcock stated that she had received many complaints and
believed that there was a need to look at this issue .
Pidcock believed that by forwarding the proposals to the
Planning Commission the Council could get a better
perception about how the public felt .
Harris questioned what would be forwarded to the Planning
Commission at this time - all three documents or a
generic format . Peterson replied that he believed it
would be the one that got the majority of Council support
or a combination of the three that got the majority of
support .
Anderson stated that he believed that direction had been
given to the City Attorney and that the Council should be
ready to make some decisions . Anderson believed the
Council was not being effective on this issue .
Bentley believed that the Council was trying to adopt an 6
effective ordinance and that the ordinance should not be t
based on an isolated case . Bentley did not believe that
the public was aware of the significance of the type of
ordinance that the Council was considering.
Anderson believed that ample information had been in the
paper, it had been discussed at length by the Council, and
further that the issue was being pushed aside . Bentley
replied that this was not the intent .
Peterson stated that this was the kind of ordinance that
potentially effects everyone 's perception of their own
property rights . People 's perceptions vary from an
absolute right to the recognition that people living in a
civilized society have rights and obligations to their
neighbors . Peterson further stated that he agreed that if
the Council was going to pass an ordinance it should be
meaningful, address the problems and be aware that there
would be a cost factor .
Zoning Administrator Jean Johnson stated that if there was
effective publicity there would be approximately a 40%
increase in reports of all zoning violations in the city.
Peterson stated that the ordinance should protect against
excesses. Peterson commented that he wished there was a
way to get more public input .
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City Council Minutes 6 July 5, 1988
Harris believed that as it was now the Council would be
placing the Planning Commission in the same dilemma .
Harris believed that the Council needed to send the
Planning Commission something that the Council felt
reasonably comfortable with .
Anderson believed that the Council could give the Planning
Commission what was presented tonight or what the Council
originally started with and request a recommendation.
Peterson was concerned about forwarding all this
Information without a stated preference or model from the
Council, and if by doing so whether this would allow the
Planning Commission to enter into the formal Public
Hearing process.
Bentley was concerned that no absolute height restriction
was stated and that there was no prohibition regarding
height . Bentley believed that the Council should send
something specific to the Planning Commission and
suggested having Pauly make another attempt at drafting an
ordinance based on the concerns stated tonight .
Peterson asked Pauly what effect possible grandfathering
would have on any ordinance that the Council would pass .
Pauly replied that the proposal tonight would be part of
the limitations on use on the zoning portion of the code .
When a zoning provision was tightened the uses that were
Inconsistent with the revised zoning may continue under
the nonconforming use provision of the code and
constitutional law.
Peterson said that any ordinance passed by the Council
would not directly effect the property use of any existing F
situations . Pauly replied that this was correct .
Bentley stated that the Council could go through the
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process, but did not believe it would have any significant r
impact .
Harris believed that it would be appropriate to have an
ordinance . Harris agreed that a period for more public
input prior to imposing this ordinance was necessary.
Bentley suggested requesting the City attorney to assemble
a final draft for Council review and then determine where
it should go.
Peterson questioned exactly what the public interest was
in this matter and commented that he did not believe this
to be a health and safety issue and nor a significant
issue to the majority of residents of the City. Peterson
asked if there was another way to determine the interest .
City Council Minutes 7 July 5, 1988
MOTION :
Bentley moved, seconded by Harris to direct City Attorney
Pauly to take our statements and prepare a final draft for
review at the next Council meeting .
Anderson asked Pauly if the Council had given him the
proper direction. Pauly replied that he did understand
the direction the Council desired . Bentley suggested that
the Ordinance be combined from p . 1459 subsections B, C S D
adding section C & D from. F.
Peterson asked Pauly to consider the language in, 1459
subsection B referring to a truck with a topper .
Peterson stated that he would be voting against the motion
at this time . Peterson did not believe that the Council
was close to something workable and would like the option
when a more workable ordinance or an ordinance with
modifications was presented. He stated he may vote in
favor of an ordinance subsequently if he would receive
clear indication from significant numbers of residents
that they really do want and need such an ordinance and
reserves the right to vote in favor of an ordinance at a
later time.
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Bentley stated that the motion was to refer this back to
the City Attorney. Peterson understood this but wanted to
make clear his deep-seated reservations that a workable
ordinance was possible and that reflects the values of the
majority of the residents of Eden Prairie . Peterson
wished to reserve the right to change his mind .
Motion carried 4-1 with Peterson voting "No" .
VII . PETITIONS, BEQUEaTS & COMMUNICATIONS
A.
GivingAMendment Allowing Motion Signg Other
ge y1ce Information
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Dawson reported that The Hank Eden Prairie was requesting
a Sign Code Amendment to allow approximately 35% of sign
time to carry business advertising. This amendment would
apply to all moving illuminated signs in the City. The
Bank. Eden Prairie had requested a variance for its
specific sign last year; this request was denied by the
Board of Appeals and Adjustments .
Jack Lawrance of sign Crafters stated that the bank had
received positive response to the -sign . The proposal
would be to -advertise The Bank 's features products and
services . Lawrance said there would not be flashing
• a
City Council Minutes 8 July 5, 1988
AV Tights, the sign would scroll . Currently the sign runs
100% public service . Lawrance estimated 11 business
messages per hour with the remainder public service .
Bentley stated that he was not aware that the City had
restrictions that prohibited business uses . Bentley
believed that the Council should be looking at the
ordinance that would put controls on how signs would be
done in the future. Bentley did not see a problem with
The Bank ' s request.
Anderson stated that this sign was originally requested
with a specific purpose in mind when it was installed .
Anderson was concerned about allowing an exception for The
Bank because this would require the Council to allow this
type of advertising on all similar type signs; this was
not a direction that Anderson would like to see the City
take .
Bentley asked how many signs of this type are there
currently. Jean Johnson replied promotional signs were at
The Bank and TCF, and a time and temperature sign was at
the Minnesota Protective Life building . Johnson reported
that requests had been made by Burger King and
SuperAmerica for promotional signs .
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Pidcock believed that the sign was good advertising as it
was and should create goodwill for The Bank.
Lawrance commented that the electronic message centers
start at approximately $21, 000 . The Bank was happy to run
the civic messages, but would like now to progress to some
business messages .
Harris shared Anderson's concern about the precedent being
set . Harris believed The Bank to be a goad neighbor .
Harris asked if there was anything to document that such
advertising would increase bank business . Lawrance
replied that this was a proven factor .
Harris stated that she was not comfortable passing the
request tonight, but did support review of the ordinance .
Peterson stated that the City does have a carefully
crafted sign ordinance that relates to building size .
This request opens up a new category. Peterson commented
that this was a new form of advertising medium and
believed that the City had an obligation to look at this
and decide how to permit and manage this type of
advertising media . Peterson also did not favor taking
action on the request tonight, but to review the
ordinance .
City Council Minutes 9 July 5, 1988
Bentley stated that the request was only for approximately
20% of the time to be for business advertising . Public
service was desirable, but he did not believe the Council
should be in a position to mandate that businesses have to
provide only public service and refuse to allow
advertising on a legitimate medium.
Peterson questioned if this were a legitimate medium
according to the current sign codes of Eden Prairie .
Harris stated that because the ordinance stated one
standard, she was not willing at this time to move from
that ordinance until the Council had had time to look at
it and decide if the ordinance should be upheld or that it
should be changed because the times had changed . Harris
commented that she was not adverse to advertisement in
good taste .
Bob Wise, President of The Bank Eden Prairie stated that
the bank was a good corporate citizen. Wise said that
after hearing the Council ' s comments tonight that he
wished to withdraw the request and participate in a review
of the ordinance if The Bank could be of assistance . The
Bank respectfully requested that the Council look at the
current ordinance and would resubmit its request at a
later time .
Peterson acknowledged the withdrawal of the request .
Dawson stated that the Staff had recommended changes in
the code regardless of this item and suggested that the
f.
Planning Commission look at the signage issue.
NQTi oil
Anderson moved and Harris seconded that no action be taken
upon the request as it had been withdrawn . Motion carried
unanimously.
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MOTI ON:
Harris moved, seconded by Pidcock to request the Planning
Commission to review the ordinance and have Staff work
with The Bank to address its concerns .
Bentley asked if the Council was going to offer any
suggestions as to what the Council would like to see in
the ordinance .
Pidcock stated that she was not opposed to business
advertising . The Bank was a service industry as was most
industry in this country today. Pidcock believed it was
appropriate -that the Council look at the ordinance in
light of what had transpired .
City Council Minutes 10 July 5, 1988
Bentley suggested that the ordinance state the size of the
sign in ratio to the size of the building, have a
restriction on the amount of time allowed for pure
advertising.
Peterson suggested consistency of color of the lighting to
the rest of the signage on the building and the sign
itself .
Motion carried unanimously.
I X .APPOINTMENTS
X. REPORTS OF QFEICERS, BOARDS & COMMISSION$
A. i is of Coungl:�[t embers
1 . Discussion of the traffic signal on Mitchell Road and
Highway 5.
Pidcock stated that there was a backup of traffic in the
mornings and nights to make a left turn to Mitchell Road
from Highway 5 . Only seven cars could get through per
signal .
Dietz stated that he would talk to HrDOT, but not to
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expect any results . At the time of completion the road
would have two lanes on each side .
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Peterson asked Dietz to also review the sequence of
signals at Highway 169 and Anderson Lake Parkway to see
what could be improved . Dietz stated that a split-phase
light was present there . Peterson said that another lane
would help . Dietz replied that these things would take
place with Highway 169 improvements which were intended
for 1986, but were not scheduled for karch 1989 .
2. Discussion on the drought .
Anderson commented that a fire had broken out today from
children playing with fireworks . Everything was tinder
dry because of the drought.
Anderson believed that the Council needed to take whatever
action necessary to alert residents to the severity of the
situation . Anderson suggested all City Staff take any
preventive measures possible .
Peterson suggested asking the news media to help get the
message out .
Lambert stated that the Staff was .. struggling just to try
to save the new trees . Lambert said that he took
seriously Anderson 's comments, but the best he could hope
City Council Minutes 11 July 5, 1988
was that the residents used common sense as there was Just
too much area to cover .
Anderson commented that the young trees were being
stressed and believed that residents needed to be informed
that the grass would grow back, but the trees would not .
Peterson suggested asking the City Forester to write an
article for the newspaper about effective tree watering.
Lambert replied that this was a good idea and believed it
would be well received .
Bentley stated that the developers also needed to be
informed that plantings required by the City for
screening, etc . would be inspected next spring . These
requirements for screening could not be ignored because of
the drought this summer . Bentley believed the developers
should be informed now to avoid the pcssibility of a
larger loss .
3. Discussion of advertising for 4th of July fireworks .
Pidcock asked Lambert if it were an oversight or was it
not deemed necessary to have the 4th of July fireworks
advertised in the Stax and Tribune with all the other
communities . Lambert replied that this was an oversight,
this should have been on WCCO or in the Star and Tribune .
Harris complimented Lambert and the Parks and Recreation
staff on the fireworks display. Peterson suggested that
Staff add a thank you from the City Council to
contributors .
Doug Tenpas, suggested more satellites be available next
year . }
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B. Report of City Manager
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1 . Sot Date for hid-Year Strategic E!lanning ae&sLon
MOT t ON:
Pidcock moved, seconded by Peterson to set July 300 1988
from 10 AM to 2 PM for the Strategic Planning Session.
Motion carried unanimously.
C. Report of CLy Attorney
1 .
Campaign ReportInc
Pauly reviewed the statutory changes regarding candidate
campaign reporting . Pauly stated .that as of July 1, 1988
there was both a state law and a city ordinance regulating
candidate campaign reporting and that there were
City Council Minutes 12 July 5, 1988
differences and duplications between the two laws . Pauly
suggested that with the existence of the State Law the
City ordinance could be repealed .
Peterson asked Pauly regarding Section 3 [ 211A . 031 Final
Report, if a candidate of committee had in excess of $100
after the campaign and wished to save and use it in the
futures, when would the final report be filed . Pauly
replied that the final report would not be necessary under
those circumstances . Peterson said then that every
January 31st there would be a filing report .
Peterson asked Pauly where did it state filing 10 days
after the election, as Article 2 did not state this .
Pauly replied that he had misquoted this and it should be
10 days before the primary and general election and every
January 31st .
Bentley asked Pauly about the $500 limit, because
according to figures it was a $750 limit . Pauly replied
that the $750 was the trigger to require filing and the
$500 limit only refers to naming donors or contributors .
Peterson asked Pauly about Section 7 [ 211A.071 Bills When
Rendered and Paid, regarding the purpose of the statement
" A bill , charge, or claim that was not presented within
60 days after the material or service was provided must
not be paid" . Pauly replied that the intent was to have
candidates avoid large amounts of indebtedness .
Peterson asked Pauly regarding Section 1 I211B.011
Definitions, subdivision 4 . Committee, if a subcommittee
of a committee consisting of two or more people does this
constitute a committee . Pauly replied that a committee
would include all members whether acting as a subcommittee
or a portion of a committee .
Peterson asked Pauly what was meant by Article 3, ti
Subdivision 10, Meeting Facilities . Pauly replied that a a
corporation could make its facilities available to all
political parties or candidates, but could not make it
available to just one party or one candidate .
Peterson asked Pauly what was meant by Article 30 Section
20, Subdivision 1, Prohibition, workers accompanied by the
candidate . Pauly replied that the implication was that
campaign workers would have to be accompanied by the
candidate to gain access to the buildings .
Bentley asked Pauly if it was his opinion that the Council
should drop the ordinance, otherwise a candidate would
have to operate under both sets of rules . Bentley stated
that the only difference was the dollar figure requirement
for filing.
City Council Minutes 13 July 5, 1988
Harris asked if there was any benefit to maintain the City
ordinance because the State law would take precedence
anyway.
MOTION :
Harris moved, seconded by Bentley to repeal Ordinance 53-
87 .
Pauly stated that the proper form would be to prepare an
ordinance to repeal the current ordinance .
Motion carried unanimously.
D . Ltepor of Director of Planjaina
E . Reoort of Director of Parks Rec eat on & Natural
ResourCr.&
1 . meter dated June 9 . 1288 from Donazager concerning
High. dater Levels in Puraa o y Creelk Elood2lain Stor
Area
MOTION:
Bentley moved, seconded by Harris to approve Staff
recommended plan of action. y
Peterson asked Lambert about the conflicting statements of
Item 1, having the Judicial ditch abandoned and Item 3 .b,
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the City complete the dredging of the judicial ditch.
Lambert replied that Dietz would attend the Watershed
District meeting tomorrow night and it would be discussed
which was the easiest way. one process requires more
action. It was hoped that approval would be granted to
remove everything that came into the ditch in 1985.
Dietz reported that this item was on the Watershed
District 's agenda . This issue may require a public
hearing. The timing would be determined tomorrow night.
Peterson asked Dietz to keep the Council informed.
Peterson asked Lambert what was meant by the statement
regarding lowering the flood elevation from 824 to the 823
contour and later stating that the City could also
maintain a higher water level in the floodplain. Lambert
replied that it was the height of the dike that controls
the water level and the overflow could be stored in one of
two locations .
Anderson was concerned about what was the beat elevation
to be maintained for the City. Was it an advantage to
have the land filled in? Lambert replied that this memo
City Council Minutes 14 July S, 1988
suggests that these questions be answered before any
action was taken.
Lambert commented that Ducks Unlimited was looking for an
area and might accept this as a project and may pay for a
portion of the project . Lambert said again that there
were a number of questions to be answered .
Motion carried unanimously.
F . Resort of Director gf Public Works
1 . Status Report on Water Restrictions
Dietz reported that City Attorney Pauly had drafted an
ordinance . Dietz said there were two possible
alternatives to enforcement of the water ban: 1 ) To issue
a ticket, which Staff believed would be difficult . 2 )
Impose a penalty on water bills for a second violation of
the restrictions . r
Dietz commented that St . Louis Park had a $10 surcharge f
while Plymouth had a $100 surcharge . The question was how
much of a penalty would the Council like to see imposed .
Pidcock asked Dietz about the $100 fine already stated on
warning tags being issued by Eden Prairie. Dietz replied
yes, but it would not allow the surcharge to be placed on
the water bill as this ordinance was proposing. Under the
current ordinance, the violation was considered a
misdemeanor and $100 was the maximum fine for a petty
misdemeanor . Pauly replied that judges determine the
actual fine with $100 being the maximum. Dietz replied
that even though it states $100 on the tag the actual
amount would probably be around $20 to $25.
Harris stated that she would not have any difficulty
attaching a penalty to the water bill, but believed that
$10 would not get the message across and that $100 would
get attention, but Harris did not wish to go this extreme .
Harris suggested the penalty be between $10 and $1000
probably 025 to $30 .
Bentley stated that since the draft ordinance had a
reference to section 8 stating the fee could be amended
from time to time, the Council would not specify a fee in
the ordinance but rather do so in a fee resolution.
Peterson stated that the enforcement of the ban needed to
be equitable and believed that to do so a significant fine
needed to be imposed . Peterson also believed this would
let residents know that this was not a aesthetic or
cosmetic exercise that the Council goes through in dry
summers, but that this was a health and safety issue .
City Council Minutes 15 July 5, 1988
Anderson stated that $25 to a corporation was nothing .
Bentley questioned if a Public Hearing process was
necessary. Pauly replied no, that this was not a Chapter
11 amendment and the Council could act on the 1st Reading
tonight.
Dietz stated that the draft provides for a fine and
continues to state that if violations continue the water
could be shut off . Dietz agreed that the same rates could
not apply to homeowners and corporations, but there were
levels of things which could be done. Dietz believed that
in the majority of cases compliance would be met.
Peterson recommended a rate of $50 .
Pauly suggested imposing the fine for 3-4 months . Dietz
suggested 6 months because the watering season could run
from April to September .
MQT I ON.
Bentley moved, Seconded by Harris to approve 1st Reading
of Ordinance No. 27-88 and that the period after a warning
in which a violation occurred would result in a surcharge
be 6 months.
Pidcock stated that she found this difficult to support
because Eden Prairie was one of the highest-taxed cities
in the State . The City had paid for the best watering
plant and she was frustrated that the Council had to
impose restrictions because of the drought . Pidcock
believed this was hurting people by not allowing them to
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water when they were paying taxes for this .
Bentley stated that this ordinance would possibly be less
restrictive than the existing system.
Peterson stated that none of the Council was pleased to
have to impose this surcharge.
Dietz commented that none of the water systems was
supported by taxes, the system was user-supported .
Motion carried .
MOTION :
Bentley moved, seconded by Anderson to direct Staff to
prepare an amendment to the existing fee resolution
imposing a surcharge for water service of $25
Motion carried unanimously.
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City Council Minutes 16 July 5, 1988
G. Report of Finance Director
XI . NEW BUSINESS
XII . migu NMENT
Meeting adjourned at 10: 05 PM.
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