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