City Council - 11/01/1988 APPROVED MINUTES
EDEN PRkIRIE CITY COUNCIL
TUESDAY, NOVEMBER 1, 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
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CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation A Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
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ROLL CALL : All members present .
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I . APPROVAL OE AGENDA AND QTHER ITEMS OF BUSINEU
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MOTION•
Anderson moved, seconded by Pidcock to approve the Agenda as
published .
ADDS to the Agenda as Follow: Item X.A. I., Discussion of Waste
Management Commission appointment process . Item X. A. 2l
Discussion of Letter regarding Franklin Homes . Item X.B. 3,
Schedule meeting to canvass the election results .
REMOVE from the Consent Calendar- the following: Items J & L
as the Developers Agreements had not been signed.
Motion carried unanimously.
I I . MIN!tTES
I I I . CONSENT <:ALStIDAR
A. Clerk's License List
B. &Uth4
Bank I .D .R . Bond ) to Place a Second Hortqaq!2 on Their
( Proaerty
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City Council Minutes 2 November 1, 1988
C. Change Or53eKt e r
D. Approve Bids for Well at EraDlPOrk
E . Eina . elat Approval of Wyndham Nob 2nd Addition ( located
Mouth ,pf f ZnQ Street and east of D!Cl l Road ) Resolution No .
88-242
F. F-Ina1 Plat Approval of Crosstown Prairie Addition ( located
south of 62nd Street and west of Industrial Drivg) 3
Resolution No . 88-243
G. Chapgg Order No . 1, Legion Park, I .C. 52-133
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H . Change Order No 2, Mi trhe 11/Rea_earch Road, I .C. 52- 051
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I . CHESTNUT PLACE by Chestnut Place Partners . 2nd Reading of
Ordinance No. 44-88, Zoning District Change from RM-2 . 5 to
Neighborhood Commercial; Approval of Developer ' s Agreement
for Chestnut Place; and Adoption of Resolution No. 88-248,
Authorizing Summary of Ordinance No. 44-88 and Ordering
Publication of Said Summary. 1.69 acres into 1 lot for
construction of a 8, 208 square foot commercial center .
Location : Northwest corner of Anderson Lakes Parkway and
Chestnut Drive. (Ordinance 144-88, Rezoning; Resolution
088-248, Authorizing Summary and Publication)
J . QAT,�EgV II by Opus Corporation . 2nd Reading of Ordinance
No. 40-88-PUD-11-88, Planned Unit Development District
Review on 17 . 4 acres with a waiver for office use of to
100% within the I-2 Zoning District, Zoning District
Change from Rural to I -2 on 7 . 4 acres; Approval of
Supplement to Developer 's Agreement for DataSery II ; and
Adoption of Resolution No. 88-249, Authorizing Summary of
Ordinance No . 40-88-PUD-11-88 and Ordering Publication of
Said Summary. 17 . 4 acres into 1 lot for construction of
additional parking spaces for the Datasery Headquarters .
Location : South of Technology Drive, east of Prairie
Center Drive . (Ordinance No. 40-88-PUD-11-88, PUD
District and Rezoning; Resolution 088-249, Authorizing
Summary and Publication ) (TH12 ITBM WAg REMOVED)
K . RE21JUl IRM BLIILDrNG, by Bud Redburn Insurance Agency, Inc.
2nd Reading of Ordinance No. 45-88, Zoning District Change
from Rural to Office on 0 . 58 acres; Approval of
Developer 's Agreement for Redburn Building; and Adoption
of Resolution No . 88-250, Authorizing Summary of Ordinance
No . 45-88 and Ordering Publication of Said Summary. 2 . 33
acres into 2 lots and road right-of-way for construction
of a 3, 000 square foot office building. Location: East
of Terrey Pine Drive, south of Highway 05, east of Burger
King . ( Ordinance No. 45-88, Rezoning; Resolution No. 88-
250, Authorizing Summary and Publication)
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City Council Minutes 3 November 1, 1988
L . PRAIRI VIEW II by Curt Johnson Properties, Inca 2nd
Reading of Ordinance No . 43-88, Zoning District Amendment
within the C-Regional Service Zoning. District on 2 . 17
acres; Approval of Developer ' s Agreement for Prairie View
II ; and Adoption of Resolution No . 88-251, Authorizing
Summary of Ordinance No . 43-88 and Ordering Publication of
Said Summary. 12, 658 square foot retail/office use .
Location: North of Plaza Drive, east of the Prairie View
Shopping Center . (Ordinance No . 43-88, Rezoning;
Resolution No. 88-251, Authorizing Summary and
Publication) (THIS ITS! WAS REMOVE12)
M . WYNDHAM Non 2ND ADDITION by Burl Corporation . 2nd Reading
of Ordinance No . 46-88, Zoning District Change from Rural
to R1-9 . 5 on 7. 2 acres and from Rural to R1-13 . 5 on 18 .9
acres; Approval of Developer ' s Agreement for Wyndham Nob
2nd Addition; and Adoption of Resolution No. 88-252,
Authorizing Summary of Ordinance 46-88 and Ordering
Publication of Said Summary. 27 . 2 acres into 41 single
family lots, 3 outlots, and road right-of-way. Location:
South of Townline Road, east of Crennault Way within
Hidden Glen 3rd Addition . (Ordinance No. 46-88, Rezoning;
Resolution No . 88-252, Authorizing Summary and
Publication)
N. CROSSTOWN eRAIRIE OFFICE WAREHOUSE by Gary A. Hilden . 2nd
Reading of Ordinance No . 47-88, Zoning District Amendment
within the I -2 District on 1 . 89 acres; Approval of
Developer 's Agreement for Crosstown Prairie Office
Warehouse; and Adoption of Resolution No. 88-253,
Authorizing Summary of Ordinance No . 47-98, and Ordering
Publication of Said Summary. 1 . 89 acres for construction
of a 19,216 square foot office warehouse . Location : South
of County Road 67, east of Nine Mile Creek, north of the
Chicago, Milwaukee, St . Paul a Pacific Railroad .
(Ordinance No. 47-88, Zoning Amendment; Resolution No. 88-
253, Authorizing Summary and Publication)
O. BLUESTEM HILL 5TH ADDITION by Brown Land Company. 2nd
Reading of Ordinance No. 48-88-PUD-13-88, PUD District
Review on 15 . 92 acres with waivers, Zoning District
Amendment within the R1-13 . 5 Zoning District from Rural
toRl-13 . 5 on 2 . 26 acres; Approval of Developer 's Agreement
for Bluestem Hills 5th Addition; and Adoption of
Resolution No . 88-254, Authorizing Summary of Ordinance
No . 48-88-PUD-13-88, and Ordering Publication of Said
Summary. 15 . 92 acres into 15 single family lots, 3
out lots, and road right-of-way. Location : West of
Bluestem Lane, north of Purgatory Creek . (Ordinance No.
48-88-PUD-13-88, PUD District, Zoning District Amendment,
and Rezoning; Resolution No. 88-2540 Authorizing Summary
and Publication )
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City Council Minutes 4 November 1, 1988
LOTION •
Bentley moved, seconded by Harris to approve the Consent
Calendar as amended, removing Items J & L.
Discussion of Item H.
Dietz stated that Item H was for the extension of
watermain along County Road #1, west of Mitchell Road . He
said that a feasibility study had been done. Dietz stated
that the Change Order was to add the extension to the
project under contract with Northdale Construction instead
of rebidding as a separate item.
Discussion of Item C.
Pidcock question Change Order 8 1 and why at the time of
the bid it was not know that these walls inside the arena
would require stripping and repainting . Lambert replied
that over the years Staff had repainted the walls . He
said that during the process it was noted that the paint
on the south and west walls was pulling away. Lambert
stated that because several coats of paint had been
applied over the years it did not come off easily and a
chemical stripper was applied. He said that the need for
the south and west walls to be painted was not determined
until the project was in progress.
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Motion carried unanimously.
IV. PUBLIC HEARINGS
A. HIwAY 494/!QRQ$STLOWJ1 RACCUET. SHIM AND HEALTH CLUB by
Northwest Racquet, Swim and Health Club, Inc . Request for
Zoning District Change from Rural to Community Commercial
on 2 . 2 acres and Zoning District Amendment within the
Community Commercial District on 9 .73 acres with variances
to be reviewed by the Board of Appeals, Preliminary Plat
of 9 . 73 acres into one lot, and 6. 4 acres into one lot,
one outlot, and road right-of-way for construction of a
21, 500 square foot addition to the health club and an
additional parking lot . Location : East of Baker Road,
north of Holasek Lane . (Ordinance No. 51-88, Rezoning and
Zoning District Amendment; Resolution No. 88-255 & 2560
Preliminary Plats )
Jullie reported that notice of this Public Hearing was
sent to owners of 82 surrounding properties and published
in the October 19, 1988 issue of the Eden Prairie News.
Allen Kimpell, Architect for the project, presented the
project . Kimpell stated that parking was a major problem
at the Health Club. He stated that currently a shuttle
system had been provided for employees to the Health Clue:
City Council Minutes 5 November 1, 1988
from the Corporate Headquarters . Kimpell said that the
proponent had considered developing an additional parking
area to the south of the building, originally planned for
5 outdoor tennis courts . He said that the proponent
encountered resistance from the neighbors for this plan .
Kimpell stated that a traffic and parking analysis had
been done and that the proposal was currently to develop a
parking ramp in the lower portion of the existing lot .
Kimpell stated that the proponent would come back to the
Planning Commission and Council with a plan to develop 2
tennis courts and an addition to the building at a later
date . He stated that the tennis courts would be proposed
to be City-owned and used.
Enger reported that the Planning Commission had reviewed
this item at its October 11, 1988 meeting and recommended
approval for Rezoning and Platting request with a 7-0
vote . Enger said that the timing of the construction of
the parking ramp and dedication of the tennis courts to
the City was a recommendation of the Planning Commission .
He stated that the Planning Commission was concerned that
the parking ramp be in place and a study be completed
prior to any further expansion of the facility. Enger
reported that the Planning Commission recommended approval
of the project per plans dated September 21, 1988, the
Staff Report dated October 7, 1988, and the Planning
Commissions conditions set forth in the October 7, 1988
report . Enger said that as part of the landscape plan the
Planning Commission believed that it was important to
included a buffer on the south side of the tennis court
area, to which the proponent had agreed . Enger stated
variances were required which would be reviewed by the
Hoard of Appeals . Enger stated that even with the
addition of the land the lot was still too small according
to code .
Lambert reported that the Parks, Recreation & Natural
Resources Commission reviewed the proposal at its October
17, 1988 meeting and recommended approval of the project
on a 6-0 vote per the Staff Report of October 7, 1988.
Lambert said that the Parks, Recreation 6 Natural
Resources Commission recommended accepting the land
donation and the construction of the tennis court as
proposed by the developer . He said that the Parks,
Recreation 6 Natural Resources Commission was concerned
about how the public would have equal access to the tennis
courts as compared to the members of the club. Lambert
stated that all of the City courts were on a first-come-
first-served basis and recommended a bank of four courts
in lieu of two courts . Lambert stated that the Health
Club had assured the Parks, Recreation 6 Natural Resources
Commission that the members would be informed of the rules
and regulations .
City Council Minutes 6 November 1, 1988
Anderson asked the proponent if it would not be better off
looking for another location to build another club.
Anderson questioned if it was appropriate to expand
parking facilities when the facilities inside were crowded
currently. Kimpell stated that capacity inside the
facility had not been a problem at this time . Anderson
believed that the traffic and club capacity were at peak
limits now. Anderson said that possibly the traffic
problem would be solved; however, would this proposal
solve the capacity problem. Kimpell replied that indoor
tennis time was a problem with all the other clubs as well
and that this proposal would not solve that particular
problem. Kimpell said that this facility was busier than
other clubs .
Anderson asked what parcels would be dedicated to the City
and would any grading be taking place . Kimpell pointed
out the proposed area and assured the Council that there
would be no grading in the upper hill area .
Peterson asked Kimpell if the dedication of the property
to the south to the City would preclude any further
development . Kimpell replied that the project would be
land locked .
Peterson asked Kimpell what security was being proposed
for the parking ramp. Kimpell replied that security staff
currently patrolled the parking lost on the hour and half
hour and assisted in starting cars . He said that this
would be continued in the parking ramp and would be
increased if necessary. Kimpell said that cut-off
lighting would be installed. Peterson commented that n
parking ramp structures were more difficult to secure than $'
flat lots and stated concern about what was being proposed
to provide a secure facility. Kimpell stated that at this
time security staff would walk the ramp and additional
lighting provided . Peterson asked Kimpell if a camera
monitoring system was being considered . Kimpell stated t
that the camera monitoring system had 'not proven fully
effective in the past . Peterson asked Enger if the
security issue had been addressed by Staff . Enger replied
that the discussion had centered on the lighting of the 4
ramp. Enger said that the proponent did have the ability
to enclose the parking ramp with a mesh cyclone fence..
which would limit the access to the ramp from one
location . He said that shriek alarms had also been
discussed . Kimpell said that the club management was
concerned about the quality of a shriek alarm system.
Kimpell said that the ramp would have adequate security
staff and that a camera monitoring system could be
installed . Peterson stated that he would like to see more
specific details for security and questioned what happened
with the discussion of the cyclone fence . Kimpell replied
that a fence could be installed; however, there was
City Council Minutes 7 November 1, 1988
concern about the aesthetics of a cyclone fence . Peterson
believed that precautions should be taken now.
Harris asked Enger to expand on the variance requirements .
Enger replied that at the time the Racquet Club came in
for review the City Ordinance had a provision for floor
area ratio not to exceed 30% for a single story or 50 %
for a multiple story building . He said that the Ordinance
had been administered that the 30% governed the footprint
of the building. Enger stated that attorneys representing
the club had pointed out that there were portions of the
building that were two story and, although they were in
excess of the 30%, they were not in excess of the 50%.
Enger said that the base area ratio had been developed to
allow the ordinance to be administered as Staff and the
Council had originally intended and therefore, the
Ordinance was amended . He said that the base area ratio
was defined as the footprint area . Enger stated that the a
purpose was to keep building sizes limited in relation to
the size of the property. Enger stated that now the
building was bigger than the Ordinance allowed and would
require a variance .
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Pidcock asked what kind of inspection plan had been
implemented for the structural integrity of the parking .
ramp. Enger replied that the plan had not been developed
yet . He said that Staff was working with the architect
and the City's Inspection Department . Enger said that
specific plans would be part of the developers agreement
and would be available by the time of 2nd Reading.
Julie Stevens, 6259 St . Johns Drive, stated objection to
the parking structure . Stevens believed that the club was
big enough and that the parking ramp would not be
aesthetically pleasant . She believed that the shuttle
service had helped the parking problem. Stevens stated
that currently the lights from the parking area shine in
her windows . She stated concern about the security of the '
parking ramp. Peterson asked Stevens if she was a
resident when the initial proposal for the club was
presented . Stevens stated that she was and that at the
time she believed that the club would be a better
alternative than a shopping center . She stated that the
building was bigger than what she had perceived originally
and believed it to be too big for the property.
Enger asked Kimpell to explain the plans for lighting and
landscaping being proposed for Stevens . Kimpell replied
that the lights would be in the same area, but would be
higher . He said the lighting would be cut-off lighting
with additional lighting within the structure . Stevens
stated a concern about more lighting being installed .
Kimpell said that the glare from the parking structure
would not be as strong as the street lights . Kimpell
City Council Minutes 8 November 1, 1988
stated that the landscaping would consist of 10-foot
evergreens which would provide an additional buffer .
MOTION:
Harris moved, seconded by Pidcock to close the Public
Hearing and approve the lst Reading of Ordinance No . 51-88
for Rezoning and Zoning District Amendment.
Bentley commented that when the project was originally
approved, he and the Planning Director were two persons
who were consistently concerned about the magnitude of the
project . Bentley believed that the City now had a mega
structure in a mini space and did not believe it was the
correct use for the land . Bentley said that a 70%
variance on the base area ratio was a significant request;
however, at this time the structure was already in place.
He agreed that a parking structure would not look
attractive, but there were not many alternatives
available . Bentley commented that if he were to be
consistent with his vote he should vote NO, and even
though he believed the original proposal was a mistake he
would vote in favor of the parking structure, but with
deep regret .
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Anderson stated that he had voted in favor of the proposal
( originally based on comments he had heard from residents
in the neighborhood that they would prefer the health club
to a shopping center . Anderson said that he hoped the
parking problem would be solved by this parking ramp;
however, he believed that the Crosstown Club developers
should be required to assume responsibility for parking
violations for special events, because the City had to
take emergency measures last year during tournaments .
Anderson stated that he would vote in favor of the motion
because a buffer was being provided and he believed the
facility filled a need for the community; however, he
still believed that the facility was overcrowded .
Motion carried unanimously.
MOTION :
Harris moved, seconded by Pidcock to adopt Resolution Nos .
88-225 and 88-256 for approving Preliminary Plats . Motion
carried unanimously.
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Harms moved, seconded by Pidcock to direct Staff to
prepare a development agreement incorporating Commission
and Staff recommendations and the Council conditions
relating to the security of the parking ramp
City Council Minutes 9 November 1, 1988
Peterson stated that he would like to see the proponent
and Staff work out the language for the Developers
Agreement relating to security and would like specific
plans for the security and monitoring so that it was very
clear what the Council expected so that an evaluation of
performance could be made at a later date.
Anderson suggested that it be written as part of the
recommendations that the Health Club be responsible for is
any parking violations because of special events sponsored r
by the club.
Motion carried unanimously.
B. YACATIQN 68-10, Vagation of Drainage sInd Utility Ea;5.emenla
Vithin Wgltprs E!urgatory Acres and Addition (Resolution k
No . 88-244)
Jullie reported that notice of the Public Hearing was sent
to owners of affected properties and was published in the
October 5, 1988 issue of the Eden Prairie News .
MOTION;
Bentley moved, seconded by Harzis to close the Public
Hearing and adopt Resolution No. 88-244 to vacate the
f easements. Motion carried unanimously.
l C. VACATION, 88-1 ,,
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Ist Addition (Resolution No. 88-245)
Jullie reported that notice of the Public Hearing was sent
to owners of affected properties and published in the
October 5, 1988 issue of the Eden Prairie Dews .
MOTION:
Bentley moved, seconded by Pidcock to close the Public
Hearing and adopt Resolution No. 88-245 to vacate the
easements . Motion carried unanimously.
V. PAYMENT OE !QLAIMS
MOTION:
Pidcock moved, seconded by Bentley to approve the Payment
of Claims No. 46378 to No . 46660 .
Harris questioned Item No. 46478 as to what medical wastes
the City generated . Jullie replied that he would check
into the matter .
City Council Minutes 10 November 1, 1988
Harris questioned Item No . 46488 as to what type of waste
Buckingham Disposal picked up. Jullie replied that
Buckingham Disposal was under contract to the pickup
general waste material at City Hall .
Roll Call Vote : Anderson, Bentley, Harris, Pidcock and
Peterson all voting "AYE" .
v I . OHD I NA�NCES a RESOLUTIONS
VII . PETITIONS, REQUESTS a COMMUNICATIONS
A. Reguest for City Approval of CharitablS Gambling License
from the Hgck, y Association of Eden egairig (Continued
from 10/4/88 )
Peterson commented that this item had been discussed at
two previous meeting and that the Council members had all
received phone calls and correspondence both for and
against the issuing of the license for charitable
gambling. Peterson stated that this was not a public
hearing; however, brief comments would be heard from the
audience .
Bob Mizell, President of the Hockey Association, stated
that at the last meeting some Council members had
suggested the Association withdraw its request for a
charitable gambling license . He stated that the Board of
Directors of the Hockey Association had voted not to !
withdraw the request . Mizell stated that the Association
had come before the Council on two previous occasions and
believed that the Association had provided the Council
with answers to all the Council •a questions and had
provided honestly all the information that the Association
had . Mizell said that he knew there was concern from the
pastoral community and that they would like to see the
Association raise money from bake sales, car washes, etc .
Mizell believed that these types of fund raisers could not
generate the money necessary to get a second sheet of ice
and lower the fees to allow underprivileged children to
skate . Mizell said that if the license were denied the
Association would be looking into calendars or raffles,
which were just a different form of gambling, which was
not regulated . Mizell stated that he understood that part
of the proceeds from the Municipal Liquor Store and the
American Legion Post went to finance the Park A Recreation
programs . Mizell questioned the difference between
drinking and gambling to finance youth activities . Mizell
concluded by stating that the Association needed the
funds, it wanted to improve its programs, it would support
the second sheet of ice being used by other organizations,
and believed that a second sheet of ice could actually
generate profits .
City Council Minutes 11 November 1, 1988
Steve McDonald, 19030 Deerfield Trail , stated that his
family donated over $1, 000 a year to the pursuit of
hockey. McDonald believed that pulltabs would allow more
people to participate in the hockey programs . McDonald
believed that the ice center was a money generator now and
was not a tax liability. He said that he believed a
second facility could generate a positive cash flow and
could be used by other groups in the community. McDonald
believed that the best investments a community could make
was in its children and the positive values that
activities like hockey could impart .
Peterson commented that the issue tonight was not the
value of hockey or any other sport, but the issue of
allowing pulltabs to sponsor such sports .
John Freemyer, 6116 Harlan Drive, stated opposition to
allowing pulltabs . Freemyer believed that gambling was
not a good value to show to the youth of the community.
He disagreed with the Association that gambling was a good
way to support the Hockey Association . Freemyer stated
that he believed that other sports would want to follow
suit and was concerned about how the Council could allow
one association to have gambling and not another .
Freemyer believed that there were other methods to raise
money. Freemyer stated that fees could be raised and a
portion earmarked for the underprivileged . Freemyer
concluded by stating that he did not believe that liquor
sales Justified gambling being allowed to support youth
activities .
Jane Anderson, 11005 Hyland Terrace, stated as a member on {
behalf of the Eden Prairie Figure Skating Club Board, the a
Board supported the pulltab request and believed that a
second sheet of ice was needed in the community. Anderson
stated that currently her daughter needed nine sessions a
week on the ice and could only get three sessions a week
in Eden Prairie . Anderson believed that any possible
means of revenue generation should be persued .
Bill Kemp, 7350 Hunters Run, stated opposition to
pulltabs . Kemp stated that he believed in hockey and that
there was a need for ice time to be made available at
reasonable hours for youths . Kemp stated that using
pulltabs was a creative idea to raise funds, however, he
did not believe that it was fair that the Association was
put in this position as a second sheet of ice had been
hidden in a bond referendum along with other issues that
were unrelated . Kemp stated that hockey had merit and
should a considered as part of the community. Kemp
requested that the Council consider ways to create funds .
Kemp concluded by stating that there was a need in the
community for a second sheet of ice and that other means
of funding rather than gambling should be provided .
City Council Minutes 12 November 1, 1988
Bentley stated that a survey had been conducted after the
bond referendum and it indicated that the residents that
voted no did so because the second sheet of ice was on the
bond referendum. Bentley said that the reason Eden
Prairie did not have a second sheet of ice was not because
of the City Council as indicated in a letter to the Hockey
Association members by Mizell . Bentley stated that he
would support a bond referendum for a second sheet of ice,
which he believed was an important item. Bentley asked
Lambert what a second sheet of Tice would cost . Lambert
replied that a shell attached to the existing building
without altering the interior of the Community Center
would cost approximately $2 million . Bentley stated that
If the Hockey Association could raise $100, 000 a year and
had 50% earmarked for a second sheet of ice as previously
indicated, it would take a long time to pay for the second
sheet of ice in this manner . Bentley commented that the
Community Center was not a revenue generator , the
Community Center had been in a break-even situation only
twice since it was built. He said that the City would
never recover the capital costs, which were substantial.
Bentley did not believe that a second sheet of ice could
pay for itself in fees generated and could never pay for
the capital costs . He did agree that a second sheet of
ice was needed.
Bentley stated concern regarding Mizell ' s presentation
referring to a need for underprivileged children. Bentley
said that after several discussions with present and past
Hockey Association members that a program exists now and
had always existed to help underprivileged children.
Bentley believed the underprivileged children 's program
should be a top priority for any money generated by fund
raisers.
Bentley stated that he agreed that raffle tickets were a
form of gambling. He said that he had supported pulltabs
for the Legion Club because it was a private club.
Bentley commented that he was not opposed to gambling;
however, he did believe that to tie directly and sponsor a
gambling operation in a public liquor establishment went
against the values taught in youth athletics . Bentley
stated that he had received calls approximately 20-to-I in
opposition of the proposal . Bentley concluded by stating
that he could not support the issuing of a charitable
gambling license.
Liz Brown, 18195 South Shore Lane, stated that she had
been treasurer of the Hockey Association and that the
"Scholarship Fund" consisted of a payment plan which
parents could work out . Brown said that the policy of the
Association in the past was that no child would be turned
away; however, the child would not be allowed to
participate in the traveling team. Brown stated that the
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City Council Minutes 13 November 1, 1988
fees and insurance were high and if it were possible to
put a lid on the fees or even to lower them it would be
helpful . Brown believed that the original intent was to
let residents know that the Hockey Association was still
active, there was a need for a second sheet of ice, and
that the Hockey Association believed it could support a
second sheet. Brown stated that the Hockey Association
was willing to work for a second sheet of ice.
Tom Krmpotich, 10455 Devonshire, asked Lambert If the
Community Center Sheet of ice was not filled to capacity
and if the sheet of ice alone did not indeed generate an
Income for the Community Center . Lambert replied that the
sheet of ice did generate funds and did subsidize more of
the facility operational costs than any other activity in
the Community Center . Lambert relieved that an additional
sheet of ice would exceed its operating costs, but would
not be able to help pay for the capital expenditure .
Krmpotich stated that what was needed was a basic sheet of
Ice with a cover to keep out wind and cold, not an
extravagant $2 million building as Lambert had indicated .
Krmpotich believed that there had to be a starting point
and that the property should be purchased now. Krmpotich
stated that the intent was to try to lower fees so that
children would have an affordable opportunity. Krmpotich
stated that if Just one child could be kept away from
( using drugs by having hockey or other sports to
participate in the program would be Justified. Krmpotich
stated that the establishment would state which
organization was being sponsored by the pulltabs;
residents make the choice if they wish to support the
organization or not . Krmpotich said that he did not want
hockey to become a sport that only the residents with
money could afford to play. Krmpotich concluded by
stating that it was not the intent of the Hockey
Association to bring gambling to Eden Prairie, but to
raise our children in a value system that Justifies the
Community.
Theresa Shipp, 14251 Wedgeway Court, asked Bentley how the
City could get a second sheet of ice . Bentley replied by
a referendum. Shipp asked when a referendum might take
place . Lambert replied that the Comprehensive Park Plan
would be presented to the Council at the November 15, 1988
meeting . Bentley stated that the earliest possible time
for a referendum would probably be in April or May of
1989 . Shipp stated that she was in favor of the pulltabs
and believed it to be painless way to make money. She
stated that it had worked in several other communities .
Peterson commended the Hockey Association Board for the
thoughtful presentation and for responding to the
questions presented by the Council . Peterson thanked all
of the residents that had taken the time to respond to
4
City Council Minutes 14 November 1, 1988
this issue . Peterson stated that based on conversations
with residents and his own belief he would oppose the
request to permit pulltabs to support youth sports .
Peterson believed that this would be inconsistent with the
community's values. Peterson commented that a maJor
purpose had been served to focus the attention of the
community on the needs of the Hockey Association, and now
the challenge would be to gain the support of the
community to share that conclusion. Peterson said that he
would look forward to working with the Hockey Association
and other youth associations so that facilities could be
provided to reflect the community' s values .
Pidcock stated that she would support a second sheet of
Ice; however, she could not support funding it with
pulltabs . She stated that she had received several phone
calls which indicated that pulltabs would be inconsistent
with youth activities . Pidcock empathized with the
parents and the high fees; however, the calls and letters
she had received were 5-to-1 against pulltabs .
Anderson stated that as a roach at Bloomington-Kennedy
High School, to support youth athletics with gambling was
against his philosophy. Anderson wished to go on record
as being in favor of a second sheet of ice, but was not in
favor of gambling for funding the second sheet. Anderson
believed that pulltabs and gambling should not be in the
hands of youth athletic associations . He said that the
Legion was a private organization and stated concern about
opening up any of the bars in Eden Prairie to pulltabs .
Anderson said that he hoped that within the next 4 to 5
years that Eden Prairie could get a second sheet of ice,
but not through pulltab gambling.
Harris stated that she sympathized with the goals of the
requests of the Hockey Association. Harris said that she
had not received one call in support of the pulltabs and
since it was her responsibility to represent the public,
she could not support the proposal .
MOTION, :
Harris moved, seconded by Anderson to deny the request for
charitable gambling and adopt Resolution No. 88-257 .
Motion carried unanimously.
Mizell stated that he would take the denial of the request
gracefully and would look forward to working with the
Council for support of a bond referendum.
B. lRegugst by M.T.g . for an Early Grsldlnq Permit to g:ommengj
Soils Corrections in CQnnect�ion with PrQ,Boed Building
r&xpaps ion
City Council Minutes 15 November 1 , 1988
Jullie reported that H.T .S . Systems Corporation was
' planning to construct an addition to its Eden Prairie
facility and that plans submitted thus far indicated that
the proposal was consistent with the existing PUD;
however, rezoning of the site to be graded would be
necessary. Jullie stated that Staff recommended that the
City Council approve the request for an early grading
permit with the usual conditions that the grading be
performed at the proponent 's own risk .
MOTION :
x
Harris moved, seconded by Pidcock to approve the issuance
of an early grading permit with the understanding that the
proponent was proceeding at its own risk .
Pidcock asked that M.T.S . be informed that the City was
working on the landscaping at the water plant . Dietz
replied that he has had conversations with officers of
M.T. S . and that Staff would do everything possible to have
the project completed as soon as possible . He said that 'H
additional grading was planned on the site to screen the
lagoons and that the project would probably not be
completed until next summer .
Motion carried unanimously.
" C.
- AuthariZe
-
Eea sibility Sturdy, I .C. 52-155 (Resolution No. 88-246)
Dietz reported that the Eden Prairie School District had
requested that the City conduct a feasibility study for
construction of a bypass lane on County Road 1 at the
entrance to the new Cedar Ridge Elementary School .
B'ION:
Bentley moved, seconded by Pidcock to adopt Resolution No.
88-246 authorizing a feasibility study. Motion carried
unanimously.
vrii . mom of ADVISogy COM issioN
IX . APPOINTMENTS
X. REEORTS OF OFFICERS, BQ,AR2S & COMMIASIONS
A. RC.29X&A Qf Coungi l Members
City Council Minutes 16 November 1, 1986
1 . p_jZgp ,sign on the process fox Interviewing candidates
for tht Waste Managg�ment Commission .
Harris asked if the Council would have an opportunity to
interview the candidates . Peterson recommended that an
Interview process be implemented to determine the Waste
Commission members .
A discussion took place among the Council members as to
the best time for the interviews .
Jullie recommended possibly the meeting could be scheduled
for November 29, 1988 . He stated that Staff was
recommending the 29th to meet with MAC and that the
Interview could be done prior to the meeting with MAC.
MOTION:
T
Bentley moved, seconded by Pidcock to hold a special
Council Meeting at 6 :00 PM on November 29, 1988 to
interview candidates for the Waste Management Commission
and set the special meeting with the Metropolitan Airports
Commission at 7 : 30 PM on November 29, 1988 . Motion
carried unanimously.
2. 1sgugslon on the letter regarding J .B. Frankl„-n Homes .
Harris asked .Jullie what was being done about the items
presented in the letter from Tina Hanlon, 19017 Joseph
Curve, and were the statements in the letter accurate .
Jullie replied that a detailed response had been prepared .
Jullie stated that Staff would be contacting the property
owners to set up a meeting to discuss the concerns and the
practical limits of how the City could respond. Jullie
stated that the allegation that six months had passed i
before a response was made by the City was not accurate
according to Staff reports . Jullie stated that he wanted
to let the property owners know that the City had not
ignored their concerns . Peterson suggested that a meeting
be set up in their area rather than at City Hall and that
the Mayor and at least one Councilmember be invited to
attend the meeting.
Harris asked what the City•s options would be to
discourage this type of workmanship in the future . Jullie
replied that at the time of closing on a property the
owner should insist that money be escrowed for repairs .
Anderson asked if builders were required to get a license
from the City. Jullie replied that contractors are
licensed, but bonding was not required. Jullie stated
that the State Statute required warranty for the
(� construction for 10 years on the basic structure . He
commented that if bonding were required that all builders
City Council Minutes 17 November 1, 1988
would be effected and this could add possibly $500 to
' $1, 000 to the price of the homes .
Anderson asked the City Attorney if a builder had a
reputation of poor workmanship could the City deny a
license . Pauly replied that there was a provision within
the City Code for licensing of contractors . Pauly stated
that a license could be revoked for any reasonable cause .
Pauly stated that a hearing would be required and that in
this case the builder was gone from the area . Peterson
asked Pauly if a builder had the same name and came back
to the area a year later could the City deny a request for
a license . Pauly replied that the same basis as before
would apply and if there was a good sufficient reasonable
basis it could be done, this was a matter of Judgement .
Peterson asked if the City had ever denied a license in
the past . Pauly replied not to his knowledge . Jullie
agreed that he was not aware of a denial taking place and
commented that many times the builder would come back
under a different name . Pauly stated that the
corporations changing names was a problem because a new
corporation under a new name could not be held responsible
for the former corporations liabilities .
Pidcock stated that the City could keep on file letters of
complaint. She suggested that homeowners be encouraged to
write to the Better Business Bureau .
Bentley commented that if controls and restriction were
placed on the builders that the Council should keep in
mind that there were several reputable small builders that
work on narrow margins that could potentially be put out
of business .
3. H, scella neous Commen&s fron Council members.
Pidcock asked Dietz if it would be possible to have a
street light placed on Park Terrace Circle . She commented
that elderly and handicapped residents lived in the
neighborhood and it was very dark in the area. Dietz
replied that he would check into the possibility.
Bentley asked Dietz why the two City street lights by the
Lunds store were not on. Dietz replied that to his
knowledge the lights were functional, but he would check
on the status of the problem.
Bentley asked Dietz to inform MN/DOT that the lights on
the entrance ramp on to Highway 169 from Prairie Center
Drive were not working . Dietz replied that this was part
of the City• s responsibility and he would check on the
lights .
City Council Minutes 18 November 1, 1988
Harris asked Dietz when the signal would go in at Prairie
Center Drive and Preserve Boulevard. Dietz replied that
the controllers had shipped, the underground work was
completed, and he estimated a mid-January target date to
have the signal working .
B. Report of City ManageX
1 . Schedule Time for Special -City Council Meeting for
esentation by MAC (Me rgogli_tan Airports Commission)
on Proposed Airport Expansion
t
A motion was made under the Council members report to
schedule the meeting for November 29, 1988 at 7: 30 PM.
}
2 . Reschedule City Council meCting from December 6 to
December 13, 1988
MOTION ;
Anderson moved, seconded by Pidcock to reschedule the City
Council meeting from December 6 to December 13, 1988 .
Motion carried unanimously.
3 . ggheQulg Mg2ting Canvass of NQvember 0, 1988n
Results
MQT I ON :
Bentley moved, seconded by Anderson to schedule the
meeting Canvass of the November 8, 1988 Election Results
for November S. 1988 at 5:00 PM at City Hall . Motion
carried unanimously.
a
C. R02Qrt of City Attorney
D . Rgport of Dirgptor of Planning
E . $&port of Director of Community Service&
1 . Purghame Qf Jan i ula Pro ep r t y
Lambert reported that an appraisal report had been
completed for the Janikula property on the north aide of
Pioneer Trail and immediately west of the Metropolitan
Airports Commission flyout zone for the north/south
runway. He said that the property was within the proposed
boundaries for the Staring Lake Community Park . Lambert
stated that the appraisal proposes a market value of
$77, 000 fox the property .
City Council Minutes 19 November 1, 1988
MOTION •
Anderson moved, seconded by Harris to authorize Staff to .
present an offer to purchase the Janikula Property for
$77, 000.
Pidcock stated that appraisals were used that were 18
months old and that appraisals should be with b months .
She asked if Janikula had agree with the offer . Lambert
replied that the appraisals used were considered to be
good comparisons in the neighborhood . Lambert said that
Janikula ' s now reside in Florida, he had sent a copy of
the appraisal to them, informed them that the item would
be on the Agenda for this date, and at this time had not
received a response .
Motion carried unanimously.
2 . Red Rock Lake gjr face Management S?rd LLD e
Lambert reported that this item had been discussed at two
Park, Recreation & Natural Resources Commission meetings
and that the major concern was noise and limiting the k
horsepower of boat motors to 10-horsepower . He said that 4
the possibility of a noise ordinance was discussed .
Lambert stated that the ietski bikes and other small
recreational vehicles have a minimum of 20-horsepower
motors and therefore, the 10-horsepower limit would
eliminate the use of recreational type vehicles on the
lake. He said that the DNR had informed the Park,
Recreation & Natural Resources Commission that a State law
governing the noise levels on all lakes was already in
place; after hearing this the Commission was comfortable
with 10-horsepower restriction only. Lambert reported
that if the Council would approve the 10-horsepower
restriction, City Attorney Pauly would draft an Ordinance
to that effect . The draft would go to the DNR
Commissioner for approval, and then it would come back to
the Council for a lst and 2nd Reading.
Bentley moved, seconded by Anderson to approve the
recommendations of the Parks, Recreations & Natural
Resources Commission and Staff and forward the proposed
Ordinance to the DNR.
Pidcock stated that she would like to see no motors on the
lake, and limit it just to canoes . She stated that she
had received several phone calls from residents on the
lake that were unable to attend the Parks, Recreation &
Natural Resources Commission meetings . Anderson commented
that after this was reviewed by the DNR it would come back
to the City Council for a public hearing and the Council
City Council Minutes 20 November 1, 1988
would have a chance to deny the ordinance if the residents
M only wanted electric motors . Peterson commented that the
Council needed to keep in mind that this lake was a
recreational water .
Motion carried unanimously.
3. Mitchell Lake Surface Management Ordinance
Lambert reported that a meeting was held for Mitchell Lake
residents with approximately 20 to 25 residents attending.
He said that residents had requested a 10-horsepower limit
and that provisions be made to allow for the two pontoon
boats presently on the lake. Lambert said that he had
discussed this with the DNR and the DNR stated that the
limit would have to be either 10-horsepower or 25-
horsepower to allow for the pontoons, but the DNR would
not allow a 10-horsepower limit with special provisions
for the two pontoons or any special permit usage . Lambert
said that residents did not want the Jetskis on the lake .
Lambert commented that he had talked with boat owners that.
had informed him that pontoons could use 10-horsep3wer
motors and therefore, would recommend approval of the 10-
horsepower limit .
Peterson asked Lambert if two 10-horsepower motors could
be used on the pontoons . Lambert replied that the limit
would be one 10-horsepower motor per craft . #
HO'T"I ON:
s
Anderson moved, seconded by Bentley to send to the DNR a
recommendation of a 10-horsepower motor limit on Mitchell a
Lake . Notion carried unanimously.
Peterson asked Lambert if the jetskis conformed to the
noise tolerance levels of the State noise ordinance.
Lambert replied that he did not know.
Anderson asked Lambert if there were a 25-horsepower limit
on Sundays for Bryant Lake. Lambert replied that there
was only a speed limit restriction for Sundays and
holidays on Bryant Lake . Anderson stated that he would
like Staff to investigate the possibility of a horsepower
restriction for Bryant Lake. Anderson said that he had
received several phone calls from residents on Bryant Lake
that would like to see a horsepower restriction on
Sundays . Lambert stated that if the Council wanted
restrictions for next season the process needed to start
now.
City Council Minutes 21 November 1, 1988
MOTION•
Anderson moved, seconded by Bentley to direct Staff to
talk with the residents of Bryant Lake possible horsepower
restrictions for motors on Bryant Lake . Motion carried
unanimously.
F. Report Qf Di,regtor of Public Works
I . Rgceive Bids and AWArd Construction Cgntract for unk
Watermain Extension, Edgn Prairie Road (rSAH 4 ) and
Pioneer Trail (CSAIJ1 ),, I .C. 52-147 (Resolution No . 88-
247)
r
k
Dietz reported that Richard Knutson, Inc. was the low y
bidder . Dietz said that this was a fast-track project and
that there would be change orders, because all the
easements had not been acquired . He commented that there
would be complaints on this project because this project
was in a visibility area along the highway and the
watermain would be going through residents yards . Dietz
recommended that the contract be awarded to Richard
Knutson, Inc . in the amount of $414, 840 . 27 .
MOTION :
Bentley moved, seconded by Harris to approve Resolution
No . 88-247 awarding the contract to Richard Knutson, Inc.
for $414, 840 .27 . Motion carried unanimously.
Y
G. Ift2ort gf Finance.&Lrector
1 .
ImQrovements BQOds (Resolution No . 88-241)
MOTION:
Bentley moved, seconded by Pidcock to set the date of
December 13, 1988 for the sale of $9,800, 000 General
Obligation Improvement Bonds and adopt Resolution No. 88-
241 . Motion carried unanimously.
XI . NEW BU91NES,S
XII . ADJOURNMENT
Meeting adjourned at 10 : 20 PM.
a
j
1
jL� a
EL 8
CANVASSING BOARD MINUTES
NOVEMBER 9, 1988
THrL t.,ITY ODUNCIL MET AT 5:20 PM AT THE CITY HALL AS THE CANVASSING BOARD FOR THE CITY OF
EVEN PRAIRIE TO RECEIVE THE RETURNS OF THE ELECTIONN JUDGES FOR THE ELECTION HELD ON
NOVEMBER 8, 1988. MEMBERS PRESENT: ACTING MAYOR BENTLEY, ANDERSON, HARRIS, PIDCOCK
THE RETURNS ARE AS FOLLOWS:
TOTALS IA IB 2 3 4 5A 5B 6 7A 7B 8 9A 9B
MAYOR
GARY D. PETERSON 10197 552 944 675 675 952 558 299 854 740 1178 862 829 1079
DOUG REUTER 6967 441 519 570 424 652 409 158 626 474 772 719 578 625
CITY COUNCIL
CHRISTINE DODGE 5436 300 459 383 337 483 311 163 411 448 755 500 425 461
GLENN JOHNSON 4036 287 346 325 318 339 280 101 317 314 441 333 310 325
PATRICIA PIDCOCK 9574 528 816 665 575 902 531 282 852 848 1108 954 753 958
TIM PIERCE 4661 281 474 393 326 505 259 123 520 308 448 349 281 3S4
DOUG TENPAS 6793341 507 427 401 622 342 145 576 445 712 721 711 843
REGISTERED @ 7:00 AM 19945 1078 1677 1331 1325 1837 1103 490 1682 1465 2351 1940 1785 1881
REGISTERED AT POLLS 4436 238 356 307 247 360 242 137 312 388 691 447 264 447
TOTAL REGISTERED 24381 1316 2033 1638 1572 2197 1345 627 1994 1853 3042 2387 2049 2328
TT%L VOTED 18762 1072 1609 1317 1163 1755 1037 492 1547 1356 2276 1775 1523 1840
% VOTED 77.0% 8 1% 79% 80% 74% 80% 77% 78: 78% 73% 75% 74% 74% 79%
NOTION TO ACCEPT THE RETURNS BY ANDERSON SECOND BY HARRIS ALL VOTED AYE
MOTION TO ADJOURN BY ANDERSON SECOND BY HARRIS ALL VOTED AYE
THE MEETING WAS ADJOURNED AT 5:35
GARY PETEZM, MAYOR
J D. FRANE, CITY CLERK