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City Council - 06/20/1989 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, JUNE 20, 1989 7: 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Senior Planner Michael Franzen, Director of Parks, Recreation b Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL: Pidcock Absent. I. APPROVAL OF AGENDA AND OTH E ITEMS OF BUSINESS MOTION: Harris moved, seconded by Anderson to approve the Agenda as published and amended. Add Item X.A. 1, Recycling Household Batteries. Add Item X.A.2, Update on Oak Terrace Property. Add Item M to the Consent Calendar, Developer's Agreement for Cabriole Center. Add Item O to the Consent Calendar, Final Plat for Cabriole Center. Add Item X.B. 1, Request by Major Center Property • Owners Group to meet with the Council. Add Item X.B.2, Sale of Abandoned Property at Public Auction. Acid Item VII .A, Request from Hoyt Development to relocate geese. Motion carried unanimously. II . MINUTES A. RectularTuesday . 8 (Continued from June 6, 1989) MOTION: Harris moved, seconded by Anderson to approve the Minutes of the Regular City Council Meeting held Tuesday, May 16, + 1989 as published. Motion carried unanimously. City Council Minutes 2 June 20 , 1989 H. joint City Council/Waste Management Commission Meetinv held Tuesday. May 23 . 1989 (Continued form June 6, 1989) MOT]:ON: Tenpas moved, seconded by Anderson to approve the Minutes of the Joint City Council/Waste Management Commission Meeting held Tuesday, May 23 , 1989 as published. Motion carried unanimously. C. Spegial City rouncil Meeting held Tuesday . May 23 , 1989 (Continued from June 6, 1989) MO Tenpas moved, seconded by Anderson to approve the Minutes of the Special City Council Meeting held Tuesday, May 23, 1989 as published. Motion carried unanimously. D. Recrular Cj&y rouncil Meej;ing held Tuesday. December 20 XOTION: Harris moved, seconded by Anderson to approve the Minutes of the Regular City Council Meeting held Tuesday, December 20, 1988 as published. Motion carried 4-0-1 . Tenpas abstained. III . CONSENT CALENDAR A. C1e�,�sLicense List B. 2nd Rea!Ainq0 - t' of the City ern s Beluse C - 33 Authorizing S.ummsIry for Publication r C. for Namig Change - Diamond Qircle to LaRiyier Court D. Begolution 21 Eindingra f2r Denial for PrMliminary Outlot h, Crestwood 89 by Alex Dorenhem2er (Resolution No. 89-128) E. Final Plat v o West 7th Additionc north e) Resolution No. 89-93 F. Ap2roveN P IMprovements. I.C. 52-Oral G. Approve Layout for 22dgstrian Bridae QvrarS (Resolution No. 89-132) City Council Minutes 3 June 20, 1989 H. ftsolution No 89-134 Prgvidinq for a Snecial Election for Y Issuance of General obligation Park Bonds in the Amount of 545 , 000 I. D;LUFFS WEST 7TH ADDITION by Hustad Development. 2nd Reading of Ordinance No. 9-89, Zoning District Change from R1-13 . 5 and R1-22 to R1-13. 5 on 4 . 66 acres; Approval of Developer's Agreement for Bluffs West 7th Addition; and xk Adoption of Resolution No. 89-120, Authorizing Summary of Ordinance No. 9-89 and Ordering Publication of Said Summary. 26. 3 acres into 11 single family lots, 2 outlots, and road right-of-way. Location: North of Bluestem Lane, north of Bluestem Hills 5th Addition. (Ordinance No. 9-89 - Rezoning; Resolution 11o. 89-120 - Authorizing Summary and Publication) J. ARprove Permit for Connection is M14CC Facilities for Summit Drive Ar a Sanitary Sewer, I.C. 52-152 (Resolution No. 89-99) K. CHASE POINT by Crosstown Investors. 2nd Reading of Ordinance No. 14-89, Zoning District Change from Rural to Neighborhood Commercial on 2.78 acres; Approval of Developer's Agreement for Chase Point; and Adoption of Resolution No. 89-98, Authorizing Summary of Ordinance No. 14-89 and Ordering Publication of Said Summary. 7.9 acres ( into 2 lots, 1 outlot with variances approved by the Board of Appeals for construction of a gas station, and daycare facility. Location: West of Shady Oa;: Road, north of the proposed City West Parkway extension. (Ordinance No. 14- 89 - Rezoning; Resolution No. 89-98 - Authorizing Summary and Publication) L. Rgsolution - 4 v ' 6 00 in Multi-Family-Housinging Bonds for Edpnvale- Apartments M. Resolution No. 82-143 Approving Final 1289 City Budget N. Suipl2lement to DeveloRgXsAgreement Center (ADDED TQ THE AGENQAA) O. Resolutionving Einal Ela:t - fgr CabriojS Center (ADDED TO THE AGENDA) MOTION• Harris moved, seconded by Anderson to approve the Consent Calendar as published with the Addition of Items N & O. ITEMS H & I AMENDMENT TO MQjION: City Council Minutes 4 June 20, 1989 Item H moved to Item VI .B and Item I moved to Item VI . C. Not ion .carried unanimously. ITEM A Peterson noted that under the Clerk's License there were three applications for gambling licenses at the American Legion. Peterson asked if the applicants understood the requirements. City Manager Jullie replied that a letter of transmittal to accompany the license would inform the applicants of the requirements. Peterson then asked if the applicants were made aware that the Council had appointed a Study Group to study gambling in Eden Prairie and that further restrictions could result from this study. Jullie replied that the applicants were not aware f of the Study Group or the possibility of further restrictions. Peterson _questioned _if the applicants would be reluctant to pursue the licenses knowing that further restrictions could be possible. a Tenpas noted that two of the applicants were from outside Eden Prairie and believed that the Legion should be encouraged to have local groups utilize the facilities. Motion carried unanimously to approve the Consent Calendar as amended. i IV. PUBLIC HEARINGS A. ,RED ROCK SHOREg by Scenic Heights Investment. Request for Zoning District Change from Rural to R1-22 on 13 acres, Preliminary Plat of 19 .77 Acres into 17 single family lots, 2 outlots, and road right-of-way. Location: East of County Road No. 4, north and east of Lake Shore Drive, (Ordinance No. 13-89 - Rezoning from Rural to R1-22 ; Resolution No. 89-104 - Preliminary Plat) Continued from June 6, 1989 Council meeting. Bob Smith, representing the proponent, stated that a compromise had been presented to eliminate the need for the two variances related to lot size and frontage by moving the road 16. 5 feet. The variance for the Shoreland was for the existing home. The same amount of trees would be removed. The building pads would be from 55 to 75 feet and would be buildable only for the homes as proposed. The amount of land to be taken from the Rogers property had been reduced. Franzen requested clarification on the amount of trees the proponent agreed to replace. Smith replied 362 caliper inches, with 161 caliper inches being removed from the road right-of-way and construction zones. Franzen noted that because of the smaller building pad sizes it was recommended that requests for variances from the Shoreland City Council Minutes 5 June 20, 1989 Ordinance not be permitted in the future on these lots. Franzen presented three options for the Councii's consideration: 1) The homeowners also be responsible for tree replacement and the developer only be responsible for the tree replacement due to road construction, 2) The proponent be required to replace the entire 462 caliper inches of trees, 3) the Council recommend denial of the proj ect. Anderson stated that he was concerned about the significant amount of trees to be lost and how the City would control the replacement of the trees by the individual homeowners. Anderson believed that the tree replacement should be the responsibility of the developer. Tenpas believed that the developer had raised legitimate questions regarding the City's Tree Replacement Policy. Peterson stated that this was not the way the City wished to administer the Tree Replacement Policy; however, t because of the small number of lots involved and because i the official ordinance was to be before the Council within 60 days, he would reluctantly support the proposal to have partial responsibility placed on the homeowner. Peterson concurred with Tenpas that the proponent raised important questions. Harris stated that the burden replaced on the homeowners would not be equitable. She added that some lots could have high requirements and some could have none. Anderson stated that the intent to preserve trees was not part of this proposal and he would not favor such a motion. Anderson added that other developers had adhered to the City's policy and did not see any reason why this proponent should not follow City policy. Tenpas asked if this property was unique because it was heavily wooded as well as Staffs opinion about policing these 16 lots. Franzen replied that Staff would prefer that the procedure be the same as in other developments. Franzen stated that homeowners expected these items to be resolved prior to the purchase of the home. Franzen added that from an administrative standpoint it would be difficult for Staff to police. Nancy Nicolay, 16011 Lakeshore Drive, stated that she and her grandfather had received the revised plans on Friday and had not had time to have them reviewed by an attorney. Pauly asked if she and Mr. Rogers were not in agreement to a land exchange with the City. Nicolay replied that it was not that they were not in agreement, but they needed more time to have their attorney review the revision. City Council Minutes 6 June 20, 1989 Bill Edes, 8641 Red Oak Drive, stated that the site was heavily wooded. Edes did not believe that a homeowner would take down more trees than necessary. Edes believed that the intent of the policy should be to preserve trees; however, it should be within reason. Pauly stated that there were two items on the agenda; a request for rezoning and a request for Preliminary Plat approval . Pauly asked Dietz if a Land Alteration Permit would be required and how it would be administered in the development process. Dietz replied that Staff considered a Land Alteration Permit as being approved by the City Council as part of the Preliminary Plat. Dietz added the development plans included a grading plan and the Land Alternation Permit was issued after the Final Plat approval . x Pauly asked Franzen if the area affected by the zoning change contained trees. . Franzen replied yes. Smith noted that only a fence row of trees was on the two lots to be rezoned. Pauly stated that the City Code stated that development plans should provide adequate plans to mitigate any damage to the environment. Pauly added that based on this statement there would not be significant reasons to deny the request for rezoning; however, granting the Land Alteration Permit would be implicit regarding the Preliminary Plat request. The platting could be conditional on the mitigation on the damage to the environment and the requirement of a reasonable replacement of trees. The City's Tree Replacement Policy was an acceptable means to guarantee the mitigation of the damage to the environment. Pauly noted that rezoning items required 4 votes for approval . George Hoff, attorney for the proponent, stated that he concurred with City Attorney Pauly that there was no reason for denial of the rezoning request. Regarding Preliminary Plat approval , there had not been articulated standards set. Hoff stated that at this time the proponent had not been requested to apply for a Land Alteration Permit. Hoff stated that the proponent would not object to a contingency for the requirement of a Land Alteration Permit, to be reviewed prior to Final Plat approval . Hoff stated that Mr. Rogers would receive more land than originally proposed. The Final Plat approval could be contingent upon an acceptable agreement between the proponent and Mr. Rogers. Hoff stated that the proponent would comply with the compromise. Peterson asked Dietz to clarify if two separate permits were being required, one the grading permit and the other the Land Alteration Permit. Dietz replied no, this was City Council Minutes 7 June 20, 1989 only one permit. Dietz stated that a grading plan was part of the standard requirements for Final Plat approval. Tenpas asked if the 261 caliper inches could be replaced on the vacant lots. Franzen replied that this would be difficult. Smith added that 7 lots were unwooded on this parcel and trees could also be placed on the adjacent project for Strawberry Hills which had 4 lots. Tenpas then asked if it would be possible for the homeowners to put the required amount of trees on their property. Franzen replied it would be difficult. Peterson asked where the remainder of the trees would go If they-could not be placed on these lots. Franzen replied that the intent was to restore the property, the next area would be the entrance to the development, City parks, or a cash donation to the Natural Resources Fund. Peterson believed that the City had the authority and a commitment to the entire community to preserve the trees. Tenpas preferred that if the property could only support 161 caliper inches, the requirement be reduced. Tenpas recommended a workshop to discuss the entire Tree Replacement Policy issue. Tenpas stated that he supported the saving of trees ; however, he believed that this case was unique. Harris stated that this was a difficult issue ; however, she did not wish to place the burden of tree replacement on the homeowner. Harris believed that this would set a precedent. She added that 30 projects had already been approved according to the requirements of the Tree Replacement Policy and believed that it-was important to treat all proposals equitably. Harris supported City Attorney Pauly's recommendation for the conditions on the Land Alteration Permit. - Tenpas asked how many of the 30 project approved had not been able to replace the trees on their project. Franzen replied that 3 projects out of the 30 had placed trees in the City parks. There were no further comments from the audience. MOTION: Harris moved, seconded by Anderson to close the Public Hearing and approve 1st Reading of Ordinance No. 13-89 for Rezoning. Motion carried unanimously. City Council Minutes 8 June 20, 1989 MQTION: t Harris moved, seconded by Anderson to adopt Resolution No. 89-104 approving the Preliminary Plat, contingent upon granting a Land Alteration Permit, which was contingent upon the mitigation to the environment per the City's Tree Replacement Policy, and that the appropriate land be acquired for road construction. s a, Pauly asked Franzen if the building pad sizes had been reduced from 80 to 60 feet. Franzen replied this was d correct for some of the lots. Pauly asked if this reduction in size would affect the tree replacement requirements. Franzen replied that the number of trees to be replaced would need to be recalculated. Hoff stated that when it had agreed to a contingency for the requirement of a Land Alteration Permit, it did not include an agreement to the embellishment that the permit would be based on the City's current Tree Replacement Policy. Motion carried unanimously. MOTION: Harris moved, seconded by Anderson to direct Staff to prepare a Development Agreement incorporatinc;t Commission and Staff recommendations and Council conditions as noted in the previous motion. Motion carried unanimously. H. TECH. CENTER Al CITY WEST by Steven Hoyt Company. Request for Planned Unit Development Concept Amendment Review and Planned Unit Development District Review Amendment on 87 acres with waiver for percentage of office use in the I-2 Zoning District, Zoning District Amendment and Site Plan Review within the I-2 Zoning District on 12.46 acres for - construction of 160, 868 square feet of office/warehouse uses. Location: West of City West Parkway, north and east of Shady Oak Road. (Resolution No. 89-137, PUD Concept Amendment; Ordinance No. 16-89-PUD-5-89, PUD District Review and Zoning District Amendment within I-2 Zoning District) Jullie reported that notice of the Public Hearing was sent to owners of 49 surrounding properties and published in the June 7 , 1989 issue of the Eden Prairie News. Steven Hoyt, proponent, presented plans for the construct of 161 , 000 square foot office/warehouse facility. 60% of the facility would be office with 40% consisting of warehouse use. The project would present a corporate image. The loading docks would be screened from all views with heavy landscaping. City Council Minutes 9 June 20, 1989 Franzen reported that the Planning Commission had reviewed this project at its May 22, 1989 meeting and recommended approval of the project with a 5-0-0 vote based on the recommendations outlined in the Staff Report. Franzen added that all revisions to the plans had been completed . Harris asked if the facility was pre-leased. Hoyt replied that the building was being constructed on a speculative. basis. j Anderson asked if an outdoor sprinkler system would be installed for the green space. Hoyt replied that the entire green space would have a sprinkler system. There were no further comments from the audience. k MOTION Anderson moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 89-137 for PUD Concept Amendment. Motion carried unanimously_ MOTION: Anderson moved, seconded by Harris to approve 1st Reading of Ordinance No. 16-89-PUD-5-89 for PUD District Review and Zoning District Amendment. Motion carried unanimously. MOTION: Anderson moved, seconded by Harris to direct Staff to prepare a Special Assessment Agreement for Shady Oak Road improvements and to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. C. CHATHAM RIDGE 2ND ADDITION by Centex Real Estate Corporation. Request for a Planned Unit Development Concept Amendment and Planned Unit Development District Review on approximately 101 acres with waivers, Zoning District Change from R1-13 .5 to R1-9. 5 on 8. 13 acres, Preliminary Plat of 8. 13 acres into 23 single family lots. Location: North and west of Cumberland. Road, northeast of Wellington Drive. (Resolution #89-138 - PUD Concept Amendment to Overall Ridgewood Westover Planned Unit Development; Ordinance No. 20-89-PUD-6-89 - PUD District Review and Zoning District Change; Resolution No. 89-139 - Preliminary Plat) Jullie reported that notice of the Public Hearing had been sent to owners of 151 surrounding properties and published in tha. June 7, 1989 issue of the Eden Prairie News. City Council Minutes 10 June 20, 1989 Kevin Clark, representing the proponent, presented plans - for 23 single-family lots, which included an architectural diversity plan. Franzen reported that the Planning Commission had reviewed this item at its May 22, 1989 meeting, recommending approval unanimously based on the recommendations outlined in the Staff Report. Franzen added that all required changes were reflected on the plans in the packet. There were no comments from the audience. MOTION• Harris moved, seconded by Anderson to close the Public Y Hearing and adopt Resolution No. 89-138 for PUD Concept Amendment. Motion carried unanimously. MOTION• Harris moved, seconded by Anderson to approve 1st Reading of Ordinance No. 20-89-PUD-6-89 for PUD District Review and Rezoning. Motion carried unanimously. MOTION• Harris moved, seconded by Anderson to adopt Resolution No. ` 89-139 approving the Preliminary Plat and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. EDEN PRAIRIE CENTER for United Artist Theaters. Request for a second free-standing pylon to advertise the United Artist Movies. The sign is proposed at 249 square feet, 22 feet in height, 21110 wide between faces, and to be located at the Eden Prairie shopping Center's northeast entrance off Prairie Center Drive. Lopcation: 1076 Eden .. Prairie Center. . . (Resolution No. 89-11 n - PUD Concept Amendment to Overall Eden Prairie Cr-•nter Plann d Unit Development) Juliie reported that notice of the public hearing had been mailed to 28 surrounding property owners and was published in the June 7, 1989 issue of the Eden Prairie News. Larry Jensen, representing the proponent, stated that 4 new screens were added to the theaters in the Eden Prairie Center. The request was for the addition of a second pylon sign to identify the new theaters . The existing sign along Highway 169 would be renovated by reducing the size of the sign and removing the wording "Eden Prairie Center" . The purpose of the sign was informational only. The letters would be 9. 5 inches. Jensen concurred with the Planning Commission's recommendation to reduce the City Council Minutes 11 June 20 , 1989 height of the new sign to approximately 20 feet. Jensen believed that it was important to establish the Eden Prairie Center as a successful regional center. The 5 existing theaters would also be renovated. Franzen reported that the Planning Commission had discussed the issue of the second pylon sign at great length. The final conclusion was that the second sign be approved with a reduction in height and a reduction in overall square footage of approximately 25%. Jensen stated that the proponent did not have a problem with the height reduction; however, it was concerned that the reduction in overall square footage would make the sign difficult to read from an adequate distance. Harris stated that a second sign was necessary and supported that original size proposed. Anderson believed that the sign needed to be consistent with the other signs. P Franzen stated that a surface area of signage at 80 square feet would bring the sign closer to compliance with the City Code. Anderson questioned if, by allowing the larger sign at this theater, the City was prepared to do the same for the other theaters in town. Harris asked the size of the existing sign. Jensen replied the existing sign was 330 square feet, but would be renovated and reduced in size. Jensen added that the sign was in conformance with other theater signs. The signs would be advertising 9 theaters. Peterson questioned if it were necessary to advertise the name of each show. Anderson stated that the more number of theaters, the larger the sign which would be needed. Tenpas stated that the sign size was consistent with theaters located at other centers. Tenpas believed that the success of the center was vital to Eden Prairie and that Homart Development was taking the necessary steps to assure success. Anderson questioned where the City should draw the line and believed that the sign needed to be kept within limits. Anderson noted that past City Councils had been restrictive related to signs in this area of the City. City Council Minutes 12 June 20, 1989 Peterson stated that while he supported the need, the need for consistency and precedent-setting needed to be taken into consideration. Anderson asked Staff if they had any indication as to how many other requests for larger signs would be coming in the future. Franzen replied that he did not see a problem with having the larger sign along Highway 169 . Franzen added that the seconded pylon sign was needed for identification purposes. Franzen believed that it was important to identify the uniqueness of this project. He noted that the Lariat Center was considerably smaller. ,f Tenpas believed that because the theaters were located at opposite ends of the center this situation was unique. R • II Anderson stated that he understood the need for the second sign; however, he was concerned about setting a precedent. Gary Quick, representing the United Artist Theaters, stated that this company had made a strong commitment to the Eden Prairie Center. The new logo being used would be the first in the nation and something that the Eden Prairie Center could be proud of. Tenpas requested that access to the video games require the purchase of a movie ticket. Harris believed that if the sign was too small to be seen it would defeat the purpose. Harris added that she had reservations about encumbering a business's success. Peterson believed that some limitations needed to be established for the signs. MOTION: Harris moved, seconded by Tenpas to close the Public Hearing and adopt Resolution No. 89-140 to approve the PUD Concept Amendment based on 249 square feet with the height reduction of 20 feet. Motion failed 2-2 . (Tenpas and Harris voted yes. Peterson and Anderson voted no. ) I o-TION s Tenpas moved, seconded by Harris to continue this item to the July 11, 1989 City Council meeting. Peterson asked if a motion to continue could be made after the Public Hearing had been closed. Pauly replied that officially because the motion was made as one and it had r failed the Public Hearing was not officially closed. 1 i r City Council Minutes 13 June 20, 1989 Tenpas believed that because there was one Councilmember absent it would be beneficial to the proponent to allow a continuance. Motion carried unanimously. E. FREEEBURG/PERKINS ADDITION by Clayton Freeburg. Request for a Registered Land Survey of 2.84 acres into 3 lots with variances to be reviewed by the Board of Appeals within the R1-22 Zoning District. Location: 7010 Willow Creek Road. (Resolution No. 89-141 - Registered Land Survey) Clayton Freeburg, 5603 Sherwood Avenue, Edina, stated that this was a family project. Freeburg had tried to subdivide the property into 3 one acre parcels. A tree y inventory had been provided. Two homes existed currently on the property. A portion of the variances requested were for the existing homes. Freeburg stated that the site would not interfere with the lakeshore. The existing road would be acceptable and entrance to the site would be from the cul-de-sac. Freeburg said that he had tried to w follow the ordinances and conform with the City' s regulations. Franzen reported that the Planning Commission had recommended approval of the project with a 5-0 vote. The project was not out of character with the existing homes. Franzen noted that none of the lots along Bryant Lake: would comply with the current Shoreland Ordinance . The Planning Commission believed that the proposed hone would be hidden as it was being built into the hillside. Franzen stated that if the tree loss were calculated on only one lot it could be considered excessive; however, the tree loss should take into consideration all three lots. The access would be from an existing private drive. Franzen noted that private drives had been allowed in the past as an acceptable access when tree loss would be mitigated. The grading on the site would be limited to the house area. The garage would be located near the east end of the property. Anderson stated that this project had been denied by a previous Council. Anderson asked if water and sewer were available on Beach Road. Dietz replied that only sewer was available. Anderson then asked if this area should have sewer. He: added that there had been indications of problems in the area with water clarity on Bryant Lake. Anderson noted that septic tanks would not meet City requirements in other areas of the City. Anderson believed that if water and sewer were available all around Bryant Lake it would not be a problem to approve the project. Anderson was concerned about water City Council Minutes 14 June 20, 1989 contamination and the requirement for 12 variances. Peterson noted that a portion of the 12 variances were for the existing homes. Jullie stated that if septic systems were properly maintained they did not create serious problems ; however, there was always that potential . Anderson noted that the slope in this area was toward the lake. Anderson believed that city sewer should be available in this area. Freeburg stated that the drain field would drain toward a swamp. Harris asked where the existing homes were located. Freeburg replied that one home was facing toward the lake and the second home faced the cul-de-sac. Harris asked if there was sufficient land to relocate a new septic systems if the existing system did fail. Dietz replied that an alternative would be a mound system; however, this type of system was more expensive than a drain field system. Tenpas asked what was proposed for the original homes ite. Freeburg replied that the original homestead would be rebuilt. Tenpas then asked Nolan if he would be able to see the new home. s Stuart Nolan, 7020 Willow Creek Road, stated that he had purchased his home approximately 2 years ago and had depended on the existing ordinances. Nolan said that this was a wonderful neighborhood, he did not wish to cause problems, but he believed that he needed to protect his property. Nolan stated that the main concern was the addition of the third home on the site. He added that the private road only had a 20-foot right-of-way and he was concerned about how emergency vehicles would provide service to these homes . Nolan stated that he had talked with Don Uram of the Planning Staff and believed that the average lot size was 1 . 5 acres and not 1. 3 acres . This lot of . 83 acres would be the smallest lot on the lake. Nolan added that the total of the 3 lots was only 1. 3 acres. Nolan was concern that if this subdivision were approved, how would the Council be able to deny other similar proposals. Nolan also believed that the septic system would drain onto his property. Tenpas asked what the right-of-way was for a private road. Dietz replied that a specific right-of-way had not been determined. Dietz added that the 50-foot right-of-way did not come into play for private roads. Tenpas asked where the water could come from in the event of a fire at the original homesite. Dietz replied that City Council Minutes 15 June 20, 1989 the Fire Department would have to use a water tank truck to carry the stater to the site. Freeburg stated that all of the larger lots in the neighborhood were parties to covenants. Jim Perkins, 7010 Willow Creek, stated that the Perkins/Freeburg families did not want to cause problems. s Perkins believed that if the septic system was done properly it should not cause a problem. Perkins noted that the soil in the area was porous sand. Perkins believed that this home should have been allowed to be built 12 years ago. The families realized that fire protection would be difficult for the original homesite. Perkins did not believed that the subdivision of this property would affect the property value of surrounding lots. Dr. Wesley Burnham, 7130 Willow Creek Road, stated that he held no animosity for the Perkins or the Freeburgs. He said that he had bought his property in 1952 and gave a , historical perspective of the surrounding neighborhood and the changes which had occurred over the years. Burnham stated that traffic had increased and he did not believe that the road was designed to serve this many homes. Burnham added that he liked the roadway as it was. Pearl Freeburg, stated that the family had tried to be good neighbors. She added that she was unable to see the Nolan home from the proposed site. Tenpas asked if Staff believed that the variances would be approved. Franzen replied that there were covenants which existed in the Willow Creek area; however, these covenants were outside of the City Code. All of the lots in the area were on septic systems. Franzen added that all of the lots in the Willow Creek area would require variances today based on the present ordinances. Peterson believed that if a developer had come to the Council it would be denied. He added that this was a family property and believed that this should count for something. Peterson did not believe that there would be any negative impact on the neighborhood. Peterson asked if the road access was sufficient to provide police and fire department access. Dietz replied that the driveway would have to serve for emergency vehicles as it existed. Anderson stated that this decision was a difficult one. He added that originally it was believed that this area would have sewer and water by this time, but things had changed over the years. City Council Minutes 16 June 20, 1989 "enpas stated that he had received several calls. He believed that this subdivision was unique because of the topography. Tenpas believed that this property would be better served with only 2 lots. Harris stated that her main concern was the use of the septic system. Harris added that she was sympathetic to the fact that the family had not been able to use the property. Harris was concerned about what would happen in the future for sewer, water, and streets in the area . Dietz replied that the only way that sewer and water could be brought into this area would be through a very expensive special pressure system. Dietz added that the street could not be brought up to City standards without T significant damage to existing vegetation. 9 Anderson stated that 16 years ago it was the sewer and y water issues which were discussed and the Council had been { told then that sewer and water would be available in this area. Anderson asked Dietz if sewer would be available within the next 10 years. Dietz replied that this type of system would be expensive. Dietz added that it would take a long time for drainage from the proposed septic system to affect the lake. Tenpas stated that he was not convinced that the proposed f house would be consistent with the others in the ! - neighborhood. Peterson stated that there were many varieties of homes in the area. f d Perkins believed that this project should not be judged on something that might happen in the future. Anderson believed that 16 years was long enough for the Freeburgs to wait to utilize their family property. There were no further comments from the audience. MOTION: Anderson moved, seconded by Harris to close the Public Hearing and adopt Resolution No. 89-141 approving the Registered Land Survey. Motion carried 3-1. (Tenpas voted "NO") . V. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Harris to approve Payment of Claims No. 51476 through No. 51816. ROLL CALL VOTE: Anderson, Harris, Tenpas, and Peterson all voting "AYE'" . VI . ORDINANCES & RESOLUTIONS City Council Minutes 17 June 20, 1989 A. Resolution No 89-103 recommending the nomination of E_dward J. Kranz to the Regional Transit Board Dawson reported that Mr. Kranz was a resident of Hastings. As a member of the RTB, he had been supportive of Southwest Metro Transit. Harris stated that she would like to have seen background information on the individual being nominated. Jullie stated that this was a district which was outside of the Eden Prairie area. Jullie added that an individual from the Eden Prairie area would not be eligible to fill this position. Peterson stated that the Southwest Metro Transit Board supported the recommendation. Tenpas was concerned about recommending an individual which he did not know anything about. Tenpas added that he would have liked to be able to tall: to the individual . NOTION: Anderson moved, seconded by Harris to adopt Resolution No. 89-103 supporting the nomination of Mr. Kranz to the RTB. Motion carried unanimously. Harris indicated that Courcilmember Pidcock would like the support of the City Council for appointment to the RTB. NOTION: Harris moved, seconded by Anderson to endorse Councilmember Pidcock as one of the elected officials to the RTB. Motion carried unanimously. B. Uiscussion o Peterson recommended that the Eden Prairie School Board have a joint meeting with the Council to discuss the needs of both organizations. Peterson believed that it was important to get the message out to the community that both parties were responsible government agencies_ MOTION: Harris moved, seconded by Anderson to direct Staff to schedule a Special Meeting for a joint meeting with the City Council and the Eden Prairie School Board. Harris believed that it was important to explore opportunities to work together with the School Board and City Council Minutes is June 20, 1989 to deal with some of the misconceptions about government agencies. Peterson stated that any referendum had an impact on the community_ Anderson stated that the needs of the City and the Eden Prairie School Board would not go away. He believed that working with the Eden Prairie School Board would be a positive step. Harris believed that working with the Eden Prairie School Board would. exemplify cooperation within the community. Kimberle Kaufman, 7356 Ontario Boulevard, believed that public participation needed to b� taken into consideration. The quality of life in Eden Prairie was important to the residents. Kaufman supported a City referendum because of the land acquisition and believed that the land would be permanently lost if something was not done soon. a Anderson believed that it was important to protect the land and to look at the trail systems. Anderson added a that the lakeshore and treed areas are important to the residents. x Motion carried unanimously. C. Bluffs West 7th Addition Anderson was concerned that the letter received from Hustad Development was not binding to insure the City that the property would be given as a gift. Pauly replied that the draft of the letter would not be legally binding. The developer wanted to make the gift separate from the development for tax reasons. Anderson believed that when the proposal was discussed the developer's representative had indicated that this outlot would be dedicated to the City. i Peterson asked Staff for clarification on its understanding of the developer's intent. Lambert replied that a representative for Hustad Development had indicated to Staff that the developer would like to use this parcel for a density transfer for the property to the north. Staff had been under the impression during development discussions that the outlot would be dedicated to the City. A letter had been requested by Staff to be more specific. The letter represented a change from what was stated in the development process. City Council Minutes 19 June 20 , 1989 Anderson believed t - a;: the time of the proposal the proponent had stated that this land would be a gift to the City with no strings attached. Anderson was concerned because if this Item had not been removed from the Consent Calendar this would have passed without question. Lambert stated that this property had been a key influencing factor for the Planning Commission. This portion of the property had been included in the calculations for the tree replacement requirements. Lambert stated that it would not be fair to use this same parcel on another development for density transfer. Lambert believed that the parcel should be deeded to the City before another project by this developer was considered. MOTION: Tenpas moved, seconded by Harris to approve Item I from the Consent Calendar for Bluffs West 7th Addition. 3 Anderson stated that the past performance of the developer needed to be taken into consideration; however, he would be more comfortable if a specific date where established when the land would be deeded to the City. Anderson questioned what would happen if something happened to Mr. Hustad and the City had nothing in writing. I Motion carried unanimously. VII . PETITIONS,, REQUESTS & COWUNICATIONS A. Recruest far-Helocation of Geese by Hoyt Development. r Dawson reported that Staf f had received a request for the removal of the geese from the Hoyt property located at Golden Triangle Drive. The adjacent neighbors had been - contacted by Staff and did not object to the relocation. Dawson stated that the DNR had advised that the geese would need to be relocated within 3 weeks. MOTION: Tenpas moved, seconded by Harris to relocate the geese. Motion carried. VIII . REPORTS OF ADVISORY COMMISSIONS j IX. APPOINTMENTS A. ARRointnent of 2 Renrgsentativesse e G Design Review Committee (1 Councilmember or Council- appointed Representative, and 1 representative of The Preserve) City Council Minutes 20 June 20, 1989 MOTION: Harris moved, seconded by Anderson to nominate Councilmember Tenpas to the Preserve Area G Design Review Committee. Motion carried unanimously. B. ARpointment of a Councilmember to be liaison to the Developer's Forum a 4 EOTION: Anderson moved, seconded by Harris to nominate Mayor Peterson as the liaison to the Developer' s Forum. Anderson believed that it was important for an individual with a long range of experience was needed. Harris encouraged Councilmember Tenpas: to attend the meetings also. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COKK SSIONS A. Reports of Council Members 1. Household Batteries Harris stated that the Hennepin County incinerator in Minneapolis would be coming on line soon and recommended that the Waste Management Commission study the issue of the disposal of household batteries. Dawson replied that a Hennepin County Task Force had been estabiished to study the issues. He added that at this point it was still only in the investigation stage. The cost could range anywhere from $70,r000 to $7 50, 000. Harris asked why it was so expensive. Dawson replied that the disposal of batteries was more expensive due to the potential of being considered a hazardous waste. Anderson asked why manufacturers could not take the responsibility of the disposal . Dawson replied that the County was looking at adoption of an ordinance related to both packaging and disposal of batteries. 2. Citizens Grose Tenpas stated that a letter from Jean Jones to the editors of the local weekly newspapers had prompted the meeting. He said that residents •sere alarmed about taxes. Tenpas believed that this resu.,ted from a lack of understanding. The focus of the group would be to look at the City and Eden Prairie School budgets. Tenpas believed that the City council Minutes 21 June 20, 1989 group could have a positive affect if it worked as a united, positive, well-educated group on the issues. 3 . Update on Oak Terrace Property Peterson stated that a preliminary meeting with Hennepin county Commissioners Johnson and Keefe was to establish a list of questions which needed to be answered and to then explore the possibilities. B. Revopt of City Manager 1 . SRecial Meetingwith Center e t owners and their Representatives Jullie recommended that the Council set a date for a special meeting with Don Brauer and George Bentley on August 15, 1989 at 6: 00 PM. Harris asked if the meeting would be based on a revised plan or the original plan Peterson asked why the Council would meet with Brauer and Bentley prior to Staff review. Jullie replied that he was concerned about bringing this matter to closure. Peterson believed that it was important to hear from Staff prior to the meeting. Tenpas believed that it could be productive to exchange ideas. 2. Annual Auction of Abandoned PropeXty f JJQTZON r 4 Anderson moved, seconded by Harris to approve the Annual Auction for abandoned property to be set for July 8, 1989 . Motion carried unanimously. C. Re2ort of City Attorney D. gepQrt of Director„of Plan*ng E. c Natural caes F. Report of Director of Pul2lic Worlis 1 . Special Assessment Policy (Continued from May 16, 1989) Peterson recommended that a :special tweeting on July ii, 1989 at 6: 00 PM be held to discuss the Special Assessment Policy. City Council Minutes 22 June 20, 1989 r MOTION• t Harris moved, seconded by Anderson to set July 11 , 1989 at 6:00 PM for. a__ Special Meeting of the City Council to discuss the Special Assessment Policy. Motion carried unanimously. 2 . Report on Mitchell Lake and Red Rock Lake Control Level (as requested by Timber Lake Homeowner's Association) Dietz reported that the request before the Council was to raise the levels of Mitchell Lake and Red Rack Lake; this request could be accommodated. The City did not have drainage and -utility easements for bosh lakes. The cost of acquiring the easements would be approximately $2 , 500 . Dietz stated that MnDOT might pay to increase the size of the stormwater pipe in conjunction with the Highway 5 improvement project. The cost for Red Rock Lake would be approximately $500. Dietz added that a permit would be needed from the DNR. i Peterson asked Dietz to elaborate on the effects for the west side of Mitchell Lake. Dietz replied that the a development proposal was being reviewed by the Planning Commission and Staff based on a high-water level elevation of 870. A different elevation of the lake could affect the setbacks for the lakeshore lots. 4 Lambert stated that preliminary plans for a trail along the west side of Mitchell Lake had been supported by the residents and Council; however, if the lake level were raised, the trail would not be able to be constructed. Lambert believed that the increase in the level of the lake was more important than the completion of the trail . s Anderson concurred with Lambert that it was important to have the lake healthy again by raising the surface level ; however, he was concerned about the options for a trail 1 being closed. Jim Nehl , 8011 Island Road, stated that everyone contacted had responded favorably to the raised elevation of Mitchell Lake with the exception of two. Nehl believed that the request was reasonable and further that a healthy, usable lake was important. Bob Pitel, 7947 South Bay Curve, stated that marry trees had been destroyed by the high water. He added that he was in the process of restoring the trees. Pitel questioned if an increase of 1 foot would make a recognizable difference in the health of the lake. Pitel questioned if Staff was aware of what the damage to vegetation would be. City Council Minutes 23 June 20, 1989 Rob Evans, 8009 Island Road, stated that the lake had been lowered by the City. He said that last year the Homeowners Association had paid $4000 to have the lake cleaned and if something was not done it would need to be done again this year. Evans believed that a cleaner, healthier lake was important. Lee Johnson, representing US Homes, stated that he was in the process of planning a development on the west side of Mitchell Lake. Johnson stated that an increase in the elevation could have an effect on the setback requirements for the lakeshore lots, which could produce a domino affect on all of the-lots. Johnson considered the increase in elevation as taking away from his property. Bill Edes, 8641 Red Oak Drive, stated that he was pleased to see that Red Rock Lake was also being considered for a raise in elevation. He added that a request had been made to raise the elevation when the piping was installed. Edes hoped that any negative results to Mitchell Lake would not affect a decision for Red Rock Lake. Dave Knaak, 7935 South Bay Curve, believed that consideration for the safety of the homes, a stable elevation, and preservation of the wetlands were all important. Knaak stated that unless a decision were made it was difficult for the property owners to make plans for their properties. Knaak stated that a historical high- water level mark had been established. Knaak questioned if a given level could be maintained, or if the weather would control the level . Dietz replied that an elevation could be set; however, the weather would affect the level somewhat. Dietz added that more development on the lake would affect the runoff. Dietz stated that the highest level was measured at 874, which represented the 100-year flood elevation. The high-water mark would be established at 2 . 5 feet higher than the permanent elevation. A resident stated that he would lose approximately 50, 000 square feet of land at an elevation of 871.5. He requested that careful consideration be given to the elevation. Evans asked if water could be pumped from Round Lake. Dietz replied that Round Lake was also low. .7im Perkins, 8003 Island Road, stated that the lake had been at the 874 elevation when he purchased his home. He said that at the current elevation the lake was unusable. Perkins stated that the request would not raise the elevation above the high-water mark. Tim Crain, 7919 South Bay. Curve, stated that the DNR set the high-water mark for Mitchell Lake at an elevation of City Council Minutes 24 June 20, 1989 871. He added that the State owned the property below the high-water mark. Dietz reported that 119 residents had signed a petition to have the elevation of the lake increased. Peterson believed that before a final decision was, made a t better survey of the impact to the west side of the lake should be made as well as a study of whether a trail could be placed at another level. Peterson recommended that this issue be continued. Tenpas stated that without a healthy lake, everyone suffered. Anderson concurred that more information was necessary before a decision was made_ Dietz reported that Mitchell Lake was 18 inches low and Red Rock Lake was 12 inches low at present. � IOIJ Anderson moved, seconded by Tenpas to set the level of Red Rock Lake at an elevation of 840. Motion carried unanimously. MOTION: Anderson moved, .seconded by Tenpas to direct Staff to investigate the best possible level for Mitchell Lake taking into consideration potential development on the west side of the lake and the possibility of developing a trail along the west-side. Motion carried unanimously. G. Repot of Finance Director XI. NEW BUSINESS XII. _AA 90URNMENT The meeting adjourned at 12 : 35 AM. SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 23, 1989 IMMEDIATELY FOLLOWING JOINT MEETING OF CITY COUNCIL/WASTE MANAGEMENT COMMISSION MEETING COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Cart J. Jullie and Assistant to the City Manager Craig W. Dawson u ROLL CALL All members were present when the meeting was called to order at 9:25 PM. I. DISCUSSION OF 1989 GOALS AND OBJECTIVES WITH CITY MANAGER a Councilmembers reviewed a memorandum prepared by the City Manager with recommended goals for 1989. Councilmembers chose the three issues that they considered to be priorities for the City Manager. Anderson said his three priorities were City Hall ; implementing a recycling program - including plastics; and holding the line on the City' s property tax rate while determining what the City can do in general on this matter. Harris listed the recycling program implementation; City Hall ; and holding the line on property taxes as her three priorities for the Manager. Peterson listed City Hall ; the City's property tax rate; and an active program of employee performance review and efficiency measures as h i s priorities. - i Pidcock stated that implementing a recycling program; deciding on a site for City Hall; and holding the line on property taxes and lobbying for changes in fiscal disparities as her priorities for the Manager. Tenpas listed as his priorities holding the line on property taxes; improved staff management in terms of on-going in-house training, employee performance reviews and efficiency measures. and assistance to the department head to achieve departmental goals; and C i ty Hall as h i s priorities. Councilmembers then had further discussion of these identified priorities. With regard to implementing a recycling program, Councilmembers believed that there had been enough discussion with the Waste Management Commission earlier in the evening to have made their expectations clear. With reference to City Hall , Co-unc i l members recognized that this was an important economic decision for the City. The building would need to be - 2 - functional . At a minimum a decision needs to be made on the site for the building, and in considering these possible sites the Council needed to revisit the recommendations of the blue-ribbon Residents Committee for City Administrative Offices. Analysis should also be prepared on continuing to rent compared to purchasing the facility. The City Manager was to recommend a date to the Council for late-summer work session on this overall issue. Pidcock had concerns that residents would vote against any referendum that resulted in a tax increase. She suggested that the City look at the settlement from the sale of Rogers Cablesystems's franchise for capital to purchase a site for the City Hall. Tenpas said that a good financial analysis would show the City was being fiscally responsible in its proposal . He requested background information for the analysis done to date. In terms of in-house training, the Council wished to see an effective program continue to improve. There was general discussion about the programs which have been instituted over the last six to nine months to r address the training needs of the City staff. Tenpas suggested that courses like that offered by Dale Carnegie be considered. He hoped that staff members would attend longer training sessions, perhaps spaced out over a few weeks, so that new skills could be practiced and reinforced. a With regard to property taxes, it was understood that the objective was to hold the line on the City's property tax rate. Anderson hoped that there would be some way to remove the pressure from the City for property taxes because other local governments levied a far greater proportion of the property tax. Tenpas was most concerned with the accuracy of valuation and believed that more properties were under- valued than over-valued. Pidcock was concerned that the differential in property taxes paid between Eden Prairie and other communities should be narrowed. Councilmembers agreed that active lobbying for changes in the tax laws was not an appropriate one to which the City Manager should be held accountable. By consensus, the Council identified.the following as objectives for the City Manager in 1989: implementation of recycling programs; making decisions on a site and financing options to be pursued for a City Hall ; increasing the level of on-going in-house training; continuation of employee performance review and efficiency measures; and assistance to department heads in pursuit of department goals. II. OTHER BUSINESS I. Salary Range for City Manager Position Harris said that the Council should affirm the pay standards shown Grade 12 of the City's pay structure as the salary for the City Manager position. Tenpas said that the Council should look at benefits as ways to add compensation. Harris moved and Pidcock seconded to adopt the salary range in the 1989 salary structure of the City in order to establish the current salary range for the City Manager position. Motion passed 5-0. 3 _ 2. Key to the City Request Peterson related that he had been approached by the organizers of an appreciation function for Roy Terwilliger. They had requested that the City consider giving Mr. Terwilliger a Key to the City during the event scheduled for May 25, 1989. Council members engaged in discussion about how this request related to the policy guidelines adopted earlier in the year for presentations of a Key to the City. Anderson moved and Tenpas seconded to present Roy Terwilliger with a Key to the City. Motion passed 5-0. III. ADJOURNMENT The meeting was adjourned at 10:05 PM. JOINT MEETING CITY COUNCIL AND WASTE MANAGEMENT COMMISSION TUESDAY, MAY 23, 1989 7:30 PM, COUNCIL CHAMBER, CITY OFFICES 7600 Executive Drive CITY COUNCIL MEMBERS PRESENT: All Councilmembers present. CITY COUNCIL MEMBERS ABSENT: None COMMISSION MEMBERS PRESENT: Chair Leslie Ellis, Vice-Chair Jan Mosman, Cindy Adalbert, Yvonne Horgens, Fred Hoisington, and Tim Pierce COMMISSION MEMBERS ABSENT: Dennis Evans STAFF: Zity Manager Carl J. Jullie and Assistant to the City Manager Craig W. Dawson ROLL CALL Mayor Peterson called the meeting to order at 7:40 PM. All Councilmembers were present. All Commission members except Dennis Evans were present. I. APPROVAL OF AGENDA Harris moved and Tenpas seconded to approve the agenda as presented. Motion passed 5-0. II . INTRODUCTIONS Peterson explained the purposes of the Council 's joint meetings with advisory boards and commissions. They offered an opportunity to share information about the activities and expectations between the Council and Commissions as well as an opportunity to get to know each other r -personally. Councilmembers, Commission members, and Staff introduced themselves. III . COMMISSION PRESENTATION A. Review of Commission Accomplishments Hargens explained how the Commission had come a long way since its formation five or six months ago. The Commission first met on December 12, 1988 and has adopted a twice-a-month meeting schedule. The Commission has two committees which also have met frequently. Among the activities of the Commission during this time were a tour of the Reuter Recycling Facility; develop- ment of a work plan; meetings with refuse collectors; a public meeting on recycling plans; and development of a recycling program. She thanked the Council for the staff assistance provided to help the Commission in its rapid progress. - 2 - B. Review of Upcoming Projects 1. Recycling Program Adalbert gave an overview of the recycling activities which have been implemented' and which are planned. She reviewed the 1988 performance figures, provided an overview of the Goodwill/Easter Seal operation, and related the plans underway for private haulers to provide recycling services and their initiative with volume-based charges for service. Harris suggested that running totals be published to show progress and encourage participation in recycling. Tenpas wondered if the rates charged if one recycled would approach those without recycling sometime in the future. Adalbert responded that the firms appear to be committed to making recycling work. Anderson expressed concerns that yard wastes were not being encouraged to be recycled nor that the City was gaining credit for the yard wastes which were being recycled by private firms. Dawson explained that yard waste recycling would not count toward recycling objectives established by Hennepin County. 2. Public Education and Information Mosman reviewed the activities of this Committee of the Commission. The Committee met early to develop an educational campaign; however, after BFI 's announcement that it would provide recycling services to its customers, the education effort has changed to adapt to changing conditions. A postcard is being mailed to all addresses in the City to explain existing and upcoming recycling opportunities, and a brochure is being printed to include with the distribution of recycling a containers. The Committee will be developing a presentation this Fall for public speaking to a variety of groups. Art students at Eden Prairie High School will be helping to provide graphics for this presentation. The Committee is also exploring the idea of having cash prize drawings to reward people who are recycling. Tenpas mentioned that the Junior League of Minneapolis had developed an educational program for the Minneapolis School System about recycling. The Commission could find this program useful in its public education efforts. Peterson suggested the Youth Development Board of the Eden Prairie School System has another resource in the public education efforts. Anderson mentioned that recycling was occurring within the Eden Prairie School System and believed the District to be a leader among institutions in recycling. He stated that School District staff had not received much support from Hennepin County in developing its recycling program. Anderson wondered about the extent to which the City should be involved in business recycling as County efforts have been minimal thus far. - 3 - Peterson responded that the City should look to the County for leadership in this area at this time. Hoisington related that the Council charge to the Conxnission was global in scope. The Commission has had to look at short-term objectives thus far, and consequently the focus has been on residential waste. Anderson stated that he wanted the City to be involved in the whole gamut of recycling. 3. Packaging Ordinance Pierce thanked the Council for allowing the Commission to look at the proposed Ordinance on environmentally acceptable packaging before Council took final action on this matter. He related the study elements that the Commission would consider in the preparation of recommendations to the Council . P i dcock left at 8:20 PM. Pierce asked when Council would like to have the Commission's recommendatians on the Packaging Ordinance., Anderson said he would like to have the Ordinance effective with the date established by Minneapoiis (July 1, 1990) . He hoped that the results of actions taken with plastics regulations would not end up repeating the experience with the recent newspaper glut. i Peterson said that the purpose of the Ordinance is to stimulate momentum for manufacturers and users of packaging materials to have recyclable materials in widespread use. He said that the Commission should attach priority to making residents know where plastics can be recycled. Anderson said he would like to see plastics included in the City' s recycling requirements as soon as as practical , and by August 1, 1989 if at all possible. Harris said that the Council wanted the Commission to take the amount of time necessary to study the issues the Commission had identified in relation to the proposed Ordinance. Hargens suggested that Council communicate with its Congressional delegation to encourage Federal action to work toward the widespread recyclability of plastic. Harris found this idea attractive. She believed that a push needs to be made on the national level to look at regional systems for collection and distribution of recyclable plastics. 4. Household Hazardous Waste Collection with Hennepin County Pierce related that the main thrust of efforts in the household hazardous waste area is public education. Re said that Hennepin County has an education and collection program which appears to be the most readily available opportunity for residents. Peterson suggested that the Commission look at the effectiveness of the County program and the issues of convenience and frequency of collection for residents. Dawson mentioned that Hennepin County will have year-round drop-off centers at the soon-to-be-built transfer stations in the County' s waste processing system. Two of these stations woluld be located in Plymouth and Bloomington. - 4 - Pidcock returned at 8:40 PM. C. Discussion with Council re: Priorities Hoisington related that Commission members had provided Council an overview of the Commission' s current projects and upcoming studies. He asked the Councilmembers what they consider to be priorities so that the Commission can incorporate them in its work. Peterson said his priorities would be implementation of the curb- side recycling program in 1989 and the proper management of household hazardous wastes. Pidcock said that working toward having plastics recycled was important. She suggested working With Bill Barnhart, the legislative liaison for the City of Minneapolis. Anderson said that residential recycling is the top priority. The City needs to look at areas where the County is not performing well in waste management in order to fill in the gaps. There also needs to be something done about the enforcement of Ordinances and Code provisions to clean up the community. Tenpas said that the Council may be reactive to some pressures and issues identified by the; public. The Commission should keep abreast of legislation and technologies in waste management. The Commission should be creative and bring issues to the Council , and not wait for the Council to bring the issues to the Commission. Harris said that a determination needs to be made about what the community wishes to do with plastics. She said that education and information will be a continuing struggle; it is necessary to get the same message out in many different ways. The City also needs to push for action on the national level to encourage the reuse and recycling of waste materials. Y D. Discussion of Council/Commission-Relations Commission Chair Ellis said that this part of the meeting was planned for open dialogue between the Council and Commission; however, he believed that this communication had been accomplished throughout the meeting. Councilmembers expressed the need for partnership and two-way communication between the Council and the Commission. Council- members expected that the Commission would be proactive in providing recommendations. The Council had a consensus that the Commission would be expected to make recommendations on when plastics could and/or should be included in the City' s recycling requirements. Pidcock wished for a demand to be made for the recyclability of plastics so that plastics manufacturers would be pushed toward providing these products. On behalf of the Commission, Ellis thanked the Council for its support to get the Commission up and running and effective. IV. ADJOURNMENT OF JOINT MEETING Pidcock moved and it was seconded to adjourn the meeting at 9:20 PM. Motion carried 5-0.