City Council - 08/01/1989 EDEN PRAIRIE CITY COUNCIL
APPROVED MINUTES
TUESDAY, AUGUST 1, 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 Kanager Carl J. Jullie, Assistant
to the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of
Planning Chris Enger, Director of
Parks, Recreation & Natural Resources
Robert Lambert, Director of Public
Works Eugene A. Dietz, and Recording
Secretary Deb Edlund
PLEDGE OF ALLEGIANCE
ROLL CALL: Richard Anderson absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION:
Pidcock moved, seconded by Harris to approve the Agenda as
published and amended.
G1
ADDITIONS•
ADD ITEM X.A. 1. Report on Seattle Conference on Recycling.
ADD ITEM X.A. 2, Filling of vacancy on the Parks, Recreation &
Natural Resources Commission. ADD ITEM X.A. 3, Request for
Trail on County Road 1. ADD ITEM X.A. 4 , Letter from Jim
Ostenson Regarding Tree Policy., ADD ITEM X.A. S, Ciatti's.
ADD ITEM X.A. 6, Letter from Waste Tech Company to Customers
Regarding Recycling.
DELETE:
REMOVE ITEMS III. B and G from the Consent Calendar.
Motion to approve the Agenda carried unanimously.
II. MINUTES
A. Regglar City Council meeting held Tuesday. July 18. 1989
City Council Minutes 2 August 1 , 1989
MOTION'
Pidcock moved, seconded by Harris to approve the Minutes
of the City Council meeting held Tuesday, July 18 , 1989 as
published and amended.
CORRECTIONS:
Page 11, ITEM VII .A, Motion, should read: with the
understanding. . . . .
Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. Final. Plat Angroval of Flaherty Second Addition A.K.A.
Preserve South (located south of Medcom Boulevard and east
of T.H. 169) Resolution No. 89-167 (REKO_VED FROM THE
AGENDA)
C. Approve Change Order No. 1. Franlo Road Street and Utility
Improvements . I .C. 52-132
D. Approve Easement Agreement with King of Glory Church
` E. 2nd Reading of Ordinance No. 22-89, Prohibitincr Parking
Vehicles Overnight in Parrs {
F. DA ASERV by Opus Corporation. Denial of 2nd Reading of
Ordinance No. 40-88, request for PUD Amendment Review on
17 . 4 acres, Planned Unit Development District Review on
17 .4 acres with a waiver for office use up to 100% within
the I-2 Zoning District, Zoning District Change from Rural
to I-2 on 7. 4 acres and Preliminary Plat of 17.4 acres
into l lot for construction of additional parking spaces
for the Datasery Headquarters. Location: South of
Technology Drive, east of Prairie Center Drive.
(Resolution No. 89-168 - Denial of 2n4 Reading)
G. PRESERVE SOUTH by Lariat Companies, Inc. 2nd Reading of
Ordinance No. 17-89-PUD-4-89, Planned Unit Development
District Review on approximately 18 acres with waivers,
and Zoning District Change from Rural to C-Reg-Ser on 9 . 07
acres; Approval of Developer's Agreement for Preserve
South; and Adoption of Resolution No. 89-169, Authorizing
Summary of Ordinance No. 17-89-PUD-4-89 and Ordering
Publication of Said Summary. 18 acres into 2 lots for
construction of a 25,248 square foot theater complex.
Location: East of Highway #169, south of Medcom
Boulevard. (Ordinance No. 17-89-PUD-4-89 - PUD District
and Rezoning; Resolution No. 89-169 - Authorizing Summary
and Publication: (REEMOVEQ FROM THE AGENDA)
ii City Council Minutes 3 August 1, 1989
H. EDEN SQUARE, by The Robert Larsen Partners. 2nd Reading of
Ordinance No. 5-89-PUD-3-89 , Planned Unit Development
District Review on 9 . 59 acres within the C-Reg-Ser Zoning
District with waivers; Approval of Supplement to
Developer's Agreement for Eden Square; and Adoption of
Resolution No. 89-170, Authorizing Summary of Ordinance
No. 5-89-PUD-3-89 , and Ordering Publication of Said
Summary. 11 . 72 acres- into 3 lots for construction of a
60, 794 square foot commercial development. Location:
Northeast corner of Highway 4169 and Prairie Center Drive.
(Ordinance No. 5-89-PUD-3-89 , PUD District and Zoning
District Amendment within the C-Reg-Ser District;
Resolution No. 89-170 - Authorizing Summary and
Publication)
I. SITE PLAN AND ARCHITECTURAL DESIGN REVIEW. 2nd Reading of
Ordinance No. 25-89, Amending Subdivision 6A, Section
11 . 03 , Chapter 11 , requiring site plan and architectural
design review prior to building permit issuance in all
districts and with respect to allowing for extension of
approval .
J. Approval of Bids for I .C. 52-169 (Street Name Signs)
Re-solution No. 89-173
K. Special Assessment Agreement for E1 im Shores
L. EDENVALE BUSINESS CENTER TI by Equitable Life Assurance.
Request for Extension of Time Deadline in Developer's
Agreement for Edenvale Business Center II to August 1, S
1990
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M. Aoorove Change Order No MCA Traffic Signs` I.C. 52-134
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N. VALLEY GATE SOUTH by '�'he Helle Group. Approval of
Supplement to Developer's Agreement for construction of
63, 368 square foot office/warehouse within the I-2 Zoning
District. Location: Northeast corner of Golden Triangle
Drive and West 74th Street
o. Preliminary ARproval fgr Issuance of Bonds in the Amount
0 6 4 0 00 fQr Prgirig Village AipaKtments Projqcts
(Resolution No. 89-174)
P. mod_ Reaming of Ordinance No. 21-89. Amending City Code
3. 05 subd. 8 .D. Relating to Liens for MUniciyal Utility
Char-cies and Adopting by Reference City Code ChaRter 1.
Except Sectign 103 Thereof
KOTION:
Pidcock moved, seconded by Harris to approve Items A
through P on the Consent Calendar with items B and G
removed.
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City Council Minutes 4 August 1 , 1989
ITEM K
Pidcock asked for clarification on what the assessment was
for. City Attorney Pauly replied that this was an
agreement between the City and Elim Shores stating that
Elim Shores would assume the costs of a 452-foot-long bike
path on the eastern border of its property within the
County Road 4 right-of-way through the assessment process.
Motion to approve the Consent Calendar carried
unanimously.
IV. PUBLIC HEARINGS
A. VACATION NO. 89-09 - Vacation of Street Right-of-Way and
Drainage and Utility Easements within Ridgewood West
(Resolution No. 89-166)
Jullie reported that notice of this p public hearing was
published in the July 19 , 1989 issue of the Eden Prairie
News. This item was a housekeeping item which would
result in the replatting of the property.
There were no comments from the audience.
MOTION:
Harris moved, seconded by Pidcock to close the public
hearing and adopt Resolution No. 89-166 to vacate the
street right-of-way and easements. Motion carried
unanimously.
B. EDEN PRAIRIE FUNERAL HOME by Marcus Corporation. Request
for Guide Plan Amendment from Low Density Residential to
Community Commercial on 0.95 acres, Zoning District Change
from RM-2 . 5 to Community Commercial on 0. 95 acres with
variances to be reviewed by the Board of Appeals, Site s
Plan Review, and Preliminary Plat of 0.95 acres into 1 lot
for the construction of a funeral home. Location:
Southwest corner of Terrey Pine Drive and County Road #4 .
Jullie reported that notice of the Public Hearing had been
mailed to 52 surrounding properties and published in the
July 19, 1989 issue of the Eden Prairie News.
Mark Senn, representing the proponent, stated that Connie
Anderson, owner of the property, had requested that a
study be done to investigate alternate uses for the
property with the condition that the original structure be
maintained. Anderson had attempted to rent the home
unsuccessfully for an extended period of time. Senn
stated that a traffic study had been completed with a
primary emphasis on the peak hour traffic. Senn stated
the neighbors had voiced concerns about the increase in
City Council Minutes 5 August 1, 1989
traffic and expressed their opposition to commercial or
multi-family development at this location. Senn added
that the overall response had been favorable for the
funeral home use. The director of the funeral home would
live in the existing home and a 3100 square-foot addition
would be added to the existing structure, which would
consist of a basement and a first floor. Parking would be
provided along the south and west sides of the property
with the main entrance planned for the west end. The
lower level of the addition would house the preparation
area for the operation and the upper level would be for
public usage. Extensive landscaping would be provided
along the western and southern property lines.
Senn stated that Elim Shores was concerned about the view
from the south of the facility. A site study had been
. completed which showed that with the existing trees and
the additional landscaping proposed for the southern area,
residents on the first and second floors of the Elim
Shores property would not be able to see the funeral home
at all . Third floor residents of the Elim Shores project
would only view the roof of the funeral home and would not
be able to see any of the day-to-day activities.
Senn stated that a concern presented at the Planning
Commission had been regarding a State Law which prohibited
the construction of a funeral home adjacent to a nursing
home; however, this concern was not valid due to the fact
that Elim Shores was not a nursing home. Another concern
raised by the Planning Commission was an increase in
traffic at peak hours. Senn concluded that the traffic
would be minimal during the peak hours and believed this
project to be the most desirable usage of the property
taking into consideration Anderson's desire to maintain
the house as part of any project.
Enger reported that the Planning Commission had reviewed
this item at its June 26 and July 24, 1989 meetings and
had recommended denial of the project with a 5-0-0 vote.
The Planning Commission was concerned about the lack of
transition and did not believe that a need for a
Comprehensive Guide Plan change had been substantiated by
the proponent.
Peterson asked Enger if there had been any discussion
regarding possible Regional Commercial use for the
project. Enger replied that Regional Commercial use had
been discussed with the proponent; however, it had been
determined that it would have been virtually impossible to
substantiate Regional Commercial use outside of the Major
Center Area because it would not agree with the City•s
scheme of regional uses. Enger added that the proponent
had believed that it could substantiate a Guide Plan
change to Community Commercial . A question existed as to
City Council Minutes 6 August 1, 1989
whether this project should be viewed as Regional or
Community Commercial ; typically, a Community Commercial
use would serve a radius of 5 miles or less, with a
Regional Commercial serving a radius of over 5 miles.
Peterson believed that the majority of funeral homes were
considered Regional Commercial . Peterson added that with
75 deaths in the City last year a need existed for this
type of facility in the community.
Tenpas asked Enger what Staff believed to be the ideal use
for this property. EngerIreplied that several uses would
be appropriate: low-density residential, medium-density
residential , small office, or ideal for an addition to the
Elim Shores project. Enger added that this was a
transitional site and there was concern regarding the
addition of more commercial development along County Road
4 . Enger noted that it was acceptable in other
communities to have funeral homes in or on the boundaries
of residential areas. Tenpas stated that he did not see:
this property developing as residential because of its
proximity to County Road 4.
Bill Myers, President of Elim Shores, stated opposition to
the project. Myers believed that this project represented
an inappropriate land use in relation to its proximity to
the Elim Shores project and the nature of the two
businesses. Myers stated that Elim Shores had invested a s
lot of time and effort into finding the right location for
its business and stressed the importance of an appropriate
location to the senior housing industry. Myers believed
that the introduction of the funeral home in the proposed
location would have a negative affect on the Elim Shores
environment. He added that one-fourth of the units would
face the funeral home.
Nancy Soman, marketer for Elim Shores, stated that she had
observed first-hand the relationship between a funeral
home and the community, as she is the wife of a funeral
home director. Soman was concerned about the small size
of the site and noted that a recommended acreage for a
funeral home was 2 acres, while this site would only be
9 . 5 acres. Another concern voiced by Soman was that of an
increase in traffic during the peak hours due to visitors
coming directly from work. Soman agreed with the comment
by Senn that the Elim Shores facility was not a nursing
home, but she believed that the essence of the law should
still pertain. Soman said that the elderly were
constantly dealing with ,grief and loss and did not need to
be reminded daily by viewing the activities of the funeral
home.
Darrell Westling, marketer for Elim Shores, stated that he
had experience in marketing 32 facilities similar to Eli=
Shores and, based on that experience, believed the
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City Council Minutes 7 August 1, 1989
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{ construction of a funeral home adjacent to the project
would have an adverse affect in filling the units. He
added that many of the residents would be coming to the
facility because of a loss of a loved one and did not need
the constant reminder of this loss by viewing the funeral
home.
Mary Anderson, 1011 Feltl Court, Hopkins, stated that she
planned to be a resident of Elim Shores. Anderson did not
believe that it was appropriate to have a funeral home
located close to a busy intersection. Anderson questioned
if adequate parking was being provided. Anderson also
i questioned if there was truly a need in the community for
such a facility and if statistics could substantiate the
need. Anderson believed that residents' needs were
adequately handed presently by funeral homes located in
the surrounding communities, which were close to Eden
Prairie. Anderson disagreed with the comments that the
funeral home would not have an affect on the residents of
Elim Shores. She believed that the view of the working
area of the funeral home would be an every day reminders
of death. Anderson stated that Eli= Shores was dedicated
to providing a happy environment for its residents.
Anderson believed that the City should be concerned with
the success of Elim Shores because of its funding in the
project.
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Glen Fristed, 17247 West 78th Street, believed that this
issue had become too emotional . He stated that many of
the services would be held in the neighborhood churches
and that any processionals would be police escorted and,
therefore, did not believe that traffic should be viewed r
as an issue. Fristed believed that the funeral home would a
be the best use for the property.
Arlene Brown, 8701 Eden Prairie Road, stated that funeral
homes were very dignified and believed that a serene and
' quiet use for the property would be appropriate. Brown
stated that her son operated a funeral home in another
community with business and residential uses surrounding
it and believed that this would be a nice location for
such an operation.
Dr. Obershaw, Burnsville, stated that he had been
counseling grief patients for over 20 years. He said that
one of the comments constantly heard was the elderly's
irritation with the youth's attitude toward death.
Obershaw added that it was a fact of life that the elderly
were constantly reminded of death. Obershaw believed that
the residents of Eli= Shores and other elderly in the
community could find comfort in having a funeral home in
the community. Obershaw believed that the location of the
funeral home adjacent to a senior housing facility was
appropriate and that the time had come to bring funeral
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City Council Minutes 8 August 1, 1989
homes closer to the central cities instead of moving them
out.
Andrew DeTroi, 10395 Grayview Court, stated that his in-
laws were planning to move into the Elim Shores facility
and had become very upset when they heard of this proposal
for a funeral home adjacent to it. DeTroi added that he
had spoken with others who planned to reside at the Elim
Shores facility and no one that he had spoken with was in
favor of this project. DeTroi also voiced a concern
regarding the increase in traffic. DeTroi urged the
Council to listen to the Planning Commission's comments
and vote against the project.
Jeff Helen, 5424 Benton Avenue, Edina, stated that he and
his family planned to operate the proposed funeral home.
, He had desired to relocate and raise his family in Eden
: Prairie for some time. Helen noted that based on research
a funeral home was needed in Eden Prairie; many funeral
services were currently being held in the churches due to
the lack of a funeral home in Eden Prairie. Helen
believed that providing a funeral home would provide an
option for the residents. The proposed site would be
centrally located to churches and various major traffic
avenues, as well as, being an affordable piece of
property. Helen noted that in other communities funeral
homes were located next to residential areas and at least
3 funeral homes in the Twin City area were located next to
senior residence homes, which were all operating
0 successfully. Helen believed that funeral homes were
aesthetically pleasing. I4elen predicted that there would
be approximately 6 to 10 funerals per month.
Connie Anderson, 17065 West 78th Street, owner of the
property, stated that it was her intent to preserve some
of the old Eden Prairie, while still being compatible with
County Road 4 and Highway 5. Anderson added that she had
tried unsuccessfully to rent the home and believed that
the funeral home would provide the community with a
service which it was presently lacking. Anderson was
pleased that the developer had devised a plan that would
preserve the homestead. Anderson noted that she had
funded the traffic study to investigate any problems which
might be caused by the project. Neighborhood meetings had
been held and the majority of the neighbors preferred the
funeral home proposal to other land uses. Anderson noted
that multiple-family developers had been contacted and had
replied that they were not interested in this location for
development . She added that this would not be an ideal
location to raise children.
Anderson stated that the City had changed the zoning and
allowed several variances for the Elim Shores project. °
She believed that the current zoning was detrimental to
city Council Minutes 9 August 1, 1989
the property. Anderson noted that only 5 of the top floor
units of the Elim Shores facility would be able to view
any part of the funeral home.
Anderson believed that she was doing the right thing for
herself and the City with this proposal . She added that
she was at a loss as to what to do with the property and
believed that some consideration should be given to work
out a compromise.
Pidcock believed that it, was important to vote on the
merits of the proposal and not on the personal sentiments
of the issue. She added that death was not always viewed
as a trauma, but rather a transition. Pidcock believed
that a funeral home was needed in Eden Prairie and that
this would be an acceptable location. Pidcock further
believed that Community Commercial was an appropriate
,k designation and that funeral homes could blend in nicely
with residential areas. She added that the property
appeared to be adequately screened. "
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Enger noted that additional evergreens had been
recommended in the Staff Report_
Harris stated that this was a difficult decision because E
of several issues raised in the discussions. Harris
questioned if there was adequate space for this type of
,. use and if this was the best location for the project.
Harris did agree, however, that a funeral home was
necessary in Eden Prairie and that this property would not
be developed as residential. Harris believed that if the
project was adequately screened the project would be
acceptable.
Tenpas was concerned about the perception of death by the
residents of Elim Shores and if adequate parking would be
provided. Tenpas believed that traffic was not an issue
and that the uses were compatible. Tenpas believed that
the project would be acceptable. Tenpas stated that when
driving by the facility would appear to be a residential
hone.
Harris asked Enger if adequate screening could be
provided. Enger replied that because there would only be
10 feet of space from the western and southern boundaries
and the parking lot, the screening would be more of a
buffer and would not be able to cover up the facility.
Peterson stated that this was a very complex issue when
taking everyone's concerns into account. Peterson noted
that it was not, however, a function of the City Council
to guarantee that Elim Shores make money. Peterson was
not convinced that this would be the best use of the
property or that the project would be detrimental to the
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City Council Minutes 10 August 1, 1989
Elim Shores project. Peterson was concerned about the
site constraints and noted that the size of the facility
could never be enlarged because the space would not permit
this.
Peterson asked Myers if the residents of Elim Shores would
have a choice of location for their units. Myers replied
yes.
Tenpas asked Myers how many units would face the funeral
home. Myers replied that/ the living rooms and decks of 3
units would face the funeral home. Tenpas then asked
Myers if he believed that the facility could not be filled
to capacity because of the construction of the funeral
home. Myers replied that this was a very sensitive issue
at this time and believed that it would have an impact.
Harris stated that she was very uncomfortable with the
size of the lot and the screening. Harris asked Enger to
clarify his previous statement regarding the screening.
Enger replied that there would be 10 feet of lawn area
between the parking lot and the lot line, which would not
be a large area to plant trees. Enger added that a
distance of approximately 80 feet was provided between the
property line and the Elim Shores facility.
Tenpas asked Enger if there would be enough room to plant
trees. Enger replied that with the space allowed trees
would not completely screen the view of the funeral home.
Pidcock asked if trees did not already exist on the site.
Senn replied that deciduous screening was currently on the
site and would not be disturbed. Senn added that the
landscape plan was to plant additional 10-foot pine trees.
Senn stated that he was very sensitive to the screening
issue and would do everything possible to adequately
provide screening from the Elim Shores facility.
Jan Eggy, 7912 Timber Lake Drive, was concerned that this
project would bring additional traffic into an already
congested area . Eggy believed that the use was more
Regional than Community Commercial . She would prefer to
see a use of the property which utilized the Lakeshore or
to keep it residential . Eggy was concerned about the
hours of activity of the funeral home; she believed that
the potential existed for activity both day and night.
There were no further comments from the audience.
MOT 1ON:
Pidcock moved, seconded by Tenpas to close the Public
Hearing and direct Staff to prepare the Ordinances and
Resolutions necessary to approve the project.
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City Council Minutes 11 August 1, 1989
Pauly stated that the necessary action needed would be to
approve a Comprehensive Guide Plan Change, approve the 1st
Reading for a Zoning District Change, and to approve the
Preliminary Plat, Pauly added that each of these items
should be addressed in separate motions.
MOTION
Pidcock moved, seconded by Tenpas to approve a
Comprehensive Guide Plan change to Community Commercial.
Peterson requested a short recess. He believed that this
was a very important decision and needed time to reflect
on the comments made this evening.
Harris asked Pauly if by directing the Staff to prepare
the Ordinances and Resolutions this would not serve the
`t same purpose as a continuance. Pauly replied that if the
Council did not wish this to be considered as approval of
1st Readings then the appropriate action would be to
direct Staff to prepare the Ordinances and Resolutions,
which would be the same as a continuance.
Tenpas stated that this item had been discussed for over 2
hours this evening, the interested parties were present,
and he would like to see if at all possible a decision be
made this evening. Tenpas concurred with Peterson to take
;p a few minute recess to carefully consider the issue, but
then believed a decision should be made.
Pauly noted that a Comprehensive Guide Plan Change would
not require a 2nd Reading and, therefore, would recommend
that the Zoning District action could be taken at this
time and delay the Comprehensive Guide Plan Change action
until the 2nd Reading of the Zoning District change.
The meeting recessed for a short break_
Peterson believed that this was not necessarily the best
use of the property in respect to the Elim Shores project;
however, another type of commercial use, such as a PDQ,
etc. , would be more of an intrusion on the Elim Shores
facility and, therefore, would support this proposal.
Motion carried unanimously.
KOTION
Pidcock moved, seconded by Tenpas to adopt 1st Reading of
Ordinance No.29-89 to approve the Zoning District Change
from RM2.5 to Community Commercial subject to approval of
variances. Motion carried unanimously.
City Council Minutes 12 August 1, 1989
MOTION:
Pidcock moved, seconded by Tenpas to approve the Site Plan
Review and Preliminary Plat. Motion carried unanimously.
MOTION:
Pidcock moved, seconded by Tenpas to direct Staff to
prepare a Developer's Agreement to include the Staff
Recommendations and the Council conditions that adequate
screening be provided fors the western and southern
boundaries and that a landscape sprinkling system be
installed. Motion carried unanimously.
C. LA, CRY CENTER by Richard A. LaMettry. Request for
Zoning District Change from Rural to C-Regional Service on
w 1 .88 acres, Site Plan Review, and Preliminary Plat of 1. 88
n acres into 1 lot for construction of a 32 ,698 square foot
auto body repair facility. Location: West of Plaza
Drive, southeast of Menards. (ordinance No. 26-89,
Rezoning; Resolution No. 89-171 - Preliminary Plat)
Jullie reported that notice of the Public Hearing had been
mailed to 4 surrounding property owners and published in
the July 3.9, 1989 issue of the Eden Prairie News.
Rick LaMettry, proponent, stated that he would be the
,. owner/operator of an upscale auto body repair facility.
He added that he currently operated a facility in
Richfield and would like to expand the business to Eden
Prairie.
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John Smith, representing the proponent, presented the
plans for the project. The basement level of the building
would be used to store all vehicles. A retail image had
been created with the architecture of the facility and a
canopy would create shadows to help mitigate the size of
the building. A second story office space would be
constructed. The exterior of the building would consist
of a mixture of 2 colors of brick. Smith stated that
landscaping would be used effectively to create a pleasing
aesthetic atmosphere.
Enger reported that the Planning Commission had reviewed
this item at its July 10, 1989 meeting and voted
unanimously for approval of the project based on the
recommendations outlined in the July 7, 1989 Staff Report.
Enger added that there would be no exterior storage
allowed on the site. The parking requirements were
established based on the use of the facility as proposed
and Enger noted that if the facility were to convert to
another type of usage additional proof-of-parking could be
provided on the site.
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City Council Minutes 13 August 1, 1989
Peterson asked if the height of the lighting would be the
same as Menards. Smith replied that this had not
specifically been determined at this time; however, the
lighting would be restricted to the parking area only.
Enger noted that the brick color would be a lighter brown
than that of Menards, but would still be compatible.
Enger added that the canopy for this project would be from
a medium to light brown, mixed with blue.
There were no comments from the audience.
MOTION•
Harris moved, seconded by Pidcock to close the Public
Hearing and approve 1st Reading of Ordinance No. 26-89 for
Rezoning. Motion carried unanimously.
MOTION:
Harris moved, seconded by Pidcock to adopt Resolution No.
89-171 approving the Preliminary Plat and to direct Staff
to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried
'$ unanimously.
V. PAYMENIT OF CLAIMS
MOTION:
Pidcock moved, seconded by Harris to approve Payment of Claims
No. 52526 through No. 52936. I
Pidcock asked Jullie when a purchasing agent would be hired.
Jullie replied within approximately 60 days. Pidcock noted
that items 52723 through 52726 were all for Driskill 's Super }
Valu and believed that a purchasing agent could purchase s
collectively for all departments.
Harris questioned Claim No. 52920, advertising in the USA
Today for the liquor stores. Jullie replied that he would `
check into this item.
Harris asked Jullie to clarify the Forfeiture funds referenced
in Claims No. 52768 and No. 52769. Jullie replied that these
funds were related to the drug raids. ROLL CALL VOTE:
Harris, Pidcock, Tenpas, and Peterson all vote "'AYE".
VI. ORDINANCES & RESOLUTIONS
A. 7
City Council Minutes 14 August 1, 1989
MOTION:
Pidcock moved, seconded by Harris to adopt Resolution No.
89-172, setting the City's Preliminary 1990 Tax Levy.
Motion carried unanimously.
B. Ordinance No. 27-89, Firearm Qischarge Zone
Jullie reported that based on direction from the Council,
Staff had prepared a draft of the Firearm Discharge Zone
Ordinance which would limit the discharge of firearms or
the use of dangerous weapons to areas south of U.S_
Highways 169/212 and Riverview Road and west of a line
located just west of the 1987 superstorm sewer wash-out.
Jullie added that additional areas would be those approved
by the City Manager for wildlife management and at
approved archery ranges. Jullie noted that several
residents had voiced their concern regarding this action.
Peterson asked if the Ordinance would only permit hunting
in the river bottom area and those areas designated by the
City Manager for wildlife preservation. Jullie replied
this was correct.
Pidcock believed that there were other tracts of land
which involved several hundred acres which should be
opened for hunting.
Harris believed that these large areas could be considered
under the wildlife management areas. Harris noted that
she had received several calls regarding this issue.
Tenpas believed that the gray area of what would be
considered for wildlife management should be taken out of
the City Manager' s hands and that the Council should draft
a definitive Ordinance. Tenpas added that he believed the
Marshall, Charlson, and Peterson properties would be safe
for hunting, but that as the City continued to grow the
area needed to be reviewed again.
Peterson recalled that a committee had been formed 2 to 3
years ago to define the areas acceptable for hunting;
recommended that this committee be formed again to review
this issue.
Harris supported that recommendation that a residents
committee should be formed. Harris added that these areas
would need to be reviewed as an on-going process.
Pidcock supported the use of a committee. Pidcock
concurred with Councilmember Tenpas, that definitive
boundaries needed to be established and that the "gray
areas" should not be determined solely by the City
Manager.
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City Council Minutes 15 August 1, 1989
Peterson asked Jullie if he could recall the committee
members which had served on the: former committee. Jullie
asked who, beside the property owners, should be included
on the committee. Jullie added that residents in the area
north of Rice Marsh Lake had indicated that they would be
pleased if hunting were allowed for one more year in that
area. He said that the area south of County Road 1 was
restricted by City Code presently; firearm discharge was
prohibited within 1000 feet of a major roadway.
Peterson stated that Mr. Dvorak had called and questioned
if hunting would allowed on his 40-acre parcel . Jullie
replied that this area was near a major road in the
northeast part of the City and was restricted currently.
Tenpas recommended that the committee consist of a member a
of Staff, a police officer, a City Council member, and the
property owners in the area. Tenpas added that he
believed that the issue should be considered a safety
issue and not a philosophical issue on hunting. a
Harris asked how many members were on the prior committee.
Police Chief Wall replied that approximately 9 members had a,
been on the committee, mainly comprised of residents who
were hunters. Chief Wall emphasized that the issue to be
discussed was firearms discharge and not "hunting" .
Peterson asked if the Council had a recommendation for the
Councilmember to serve on the committee.
o- o,N:
Pidcock moved, seconded by Harris to nominate
Councilmember Tenpas to be the City Council representative
on the Committee to Review the Ordinance related to the
area allowed for the discharge of firearms. Motion
carried unanimously.
TION=
Pidcock moved, seconded by Harris to direct the City
Manager to reorganize the former committee. Motion
carried unanimously.
Harris emphasized that it would be vital that residents
and hunters be made aware of where the boundaries were
located to prevent trespassing.
Peterson believed that the distance restriction should be
written to apply for any public street or highway. Pauly
replied that the distance restriction only related to
shotgun slugs and did not refer to birdshot. Pauly
suggested that the committee consider the issue of a
separate distance limit for the birdshot.
f
t
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City Council Minutes 16 August 1, 1989
Captain Clark stated that hunters were calling regarding a
Metro Goose Hunt which was proposed and recommended that a
decision be reached in a timely manner.
MOTION:
Pidcock moved, seconded by Harris to direct the Committee
to be prepared to report to the Council by the first
meeting in September. Motion carried unanimously.
Bob Bjorkland, 5705 Duncan Lane, Edina, stated that he
would be willing to serve on this committee or help in any
way possible.
Darril Peterson, 18700 Flying Cloud Drive, asked if it
would be possible to have a landowner permit for goose
hunting. Mayor Peterson recommended that this issue be
addressed at the committee level first.
C. Ordinance No 28-89_, Chancing Mayoral TAM from Two
Four Years
Mayor Peterson left the room during this discussion.
Jullie reported that an Ordinance had been drafted to
change the Mayoral term from 2 to 4 years.
ff There were no comments from the audience.
t.
MOTION:
Harris moved, seconded by Tenpas to approve lst Reading of
Ordinance No. 28-89, changing the Mayoral term from 2 to 4
years, beginning in 1990. Motion carried 3-0-1. Mayor
Peterson absent.
VII . PETITIONS. REQUESTS & COMML NICATIONS
A. FREEHURr,/PERKINS ADDITION by Clayton Freeburg. Appeal
from the Decision of the Board of Appeals for a Registered
Land Survey of 2 .84 acres into 3 lots with variances
within the R1-22 Zoning District. Location: 7010 Willow
Creek Road.
Jullie reported that the Board of Appeals & Adjustments
had denied the request for the variances. The Board of
Appeals & Adjustments considered its role to be a
technical one and believed that the issues related to
these variances were subjective in nature and would best
be handled by the City Council .
Peterson stated that although this was not an official
public hearing, he would accept brief comments from the
neighbors.
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City Council Minutes 17 August 1, 1989
Stu Nolan, 7020 Willow Creek Road, stated that he believed
that this was not a good plan and that this proposal
adversely affected his property. Knowland asked that the
Council postpone a decision if the Councilmembers had not
actually seen the site.
Peterson stated that he had visited the site and
understood the proposal. Peterson added that he had voted
in favor of the proposal originally and would support the
issuance of the variances, as' requested.
Pidcock stated that she also had visited the site and
would support the issuance of the variances.
Tenpas stated that he did not believe this to be the best
proposal for the property and would not support the
variances.
MOTION:
Pidcock moved, seconded by Harris to reverse the decision
by the Board of Appeals & Adjustments and grant the
variances as requested. Motion carried 3-1. Tenpas voted
"NO" .
B. Parade Permit Application for Project Concern - Walk for
Mankind
Jullie reported that Staff was concerned about the City's
'- ability to ensure a well-run event due to lack of
personnel and other resources available at this time.
Peterson asked if the problem was the lack of off-duty
police officers available for hire to adequately cover
this event. Chief Wall replied that the applicant
expected the City to provide the officers. Wall added
that Staff usually preplanned for the major events of this
kind and adequate Staff was not available. Seventeen
points would require that police officers be present.
Wall added that the last event was not well organized and
that this specific points needed to be staffed by
qualified personnel. Wall noted that this was not
considered an emergency situation and he could not require
the officers to work over-time.
Tenpas asked if the group itself could provide volunteers
to man the majority of the points. Captain Clark replied
that in the past there had been no consistency shown in a
planning this walk. Clark added that Staff had attempted
,00 to use volunteers the first year and the majority of them
did not show up. Clark was concerned about the City's
liability.
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City Council Minutes 18 August 1, 1989
Peterson stated that volunteers would not be trained to
stop and direct traffic.
Lee MacKay, 5533 Cumberland Road, Minneapolis,
representing Project Concern International, respectfully
requested that the request for application be withdrawn
for this year. MacKay concurred with the Staff
recommendation. MacKay stated that it was difficult to
work with volunteers; however, she did believe that this
was a worthwhile cause and would appreciate the
opportunity to work with. Staff next year to try to a
organize the walk in Eden Prairie. MacKay stated that a
new route in Minneapolis had been established for this
year.
'0' C. Request for Funding is Southwest Corrid!QrCoalition
Tenpas requested that more budget information be presented
to the City Council before approval was granted. Tenpas
noted that he was not against the funding, but would be
more comfortable with additional information.
NOTION:
Harris moved, seconded by Tenpas to table this item until �
additional budget information was received from the
Southwest Corridor Coalition. Motion carried unanimously.
VIII . REPORTS OF ADVISORY COMMISSIONS
IX. APPQINTMENTS
A. e t o Consumer a es t 've tot h
e ervices Colancil to fill am unex2iX:ede
January 21 . 1991
_JON:
Pidcock moved, seconded by Harris to appoint Bette
Anderson to serve an unexpired term for the South Hennepin
Services Council . Motion carried unanimously.
X. REPORTS OF OFFICEM, BARDS & COMMISSIONS
A. Repot gf Qguncil Members
1. NLC Seattle Qonfergnce on Recycling
Harris reported that after attending this National League
of Cities conference it was apparent that recycling was
only one aspect of a total waste management program and
that Eden Prairie would need to avoid band-aid solutions.
Harris added that statistics showed that 40%- of the waste
stream currently consisted of paper and only 7% plastic.
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City Council Minutes 19 August 1, 1989
Harris stated that one of the cities present at the
conference recommended the use of an added tax for
packaging instead of a ban on certain types of packaging.
She believed that government needed to take a leadership
position in creating markets for the recycled product.
Harris stated that one point which had been presented was
that the more participating in a recycling program would
not reduce the cost of the program; however, the revenue
would remain fairly stable.
Pidcock noted that a member of the City's Waste Management
Commission had also attended the conference to gather
information.
2. Fill the Vacancy on the Parks, Recreation & Natural
}
Resources Commission
Harris asked if a motion was necessary to add this item to
the Agenda for August 15, 1989. Jullie replied that the
matter did not require a motion.
The Council requested that a review session with the
candidates be scheduled for 6: 30 PM on August 15, 1989.
3 . Trail on County Road 1
Harris believed that the Council had taken action for a
trail in this area. Jullie stated that a trail in this
area had been a part of the referendum.
Pidcock believed that a right-turn lane had been requested
on County Road 1.
Peterson recommended that Staff look at this issue and
report back to the Council .
4 - Letter from Jim C3 e Tree Policy
d
Harris believed that the issue of the tree policy had been
put to rest. Peterson replied that the Developer's Forum
was not recommending a full re-evaluation, but rather to
meet with key Staff personnel to clarify and discuss the
policy. Harris stated that this issue should not be
opened up again for discussion at the Council level at
this time.
5 . Ciatti's
Pidcock asked what progress was being made to cleanup the
area at and around Ciatti's. Jullie replied that Staff
was checking daily; the doors on the trash area were
closed and the area cleaned up. Jullie added that
additional work on landscaping or screening had not been
done at this time; however, a preliminary plan for was at
I
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City Council Minutes 20 August 1, 1989
Staff level which would require a Site Plan Review, which
would provide the opportunity to request changes in the
berming and landscaping to resolve the problems. Pidcock
stated that Ciatti's had not followed through on its first
proposal . Jullie replied that this was a difficult area
because of the sight lines.
Tenpas asked if Ciatti's was in violation of any City
Ordinances or laws. Tenpas believed that if Ciatti's was
in violation of the law,, have the item resolved; but if
not, it should be left alone.
6. Letter from Waste Tech
Tenpas stated that he had received several calls from
residents regarding a letter from Waste Tech. explaining
the recycling program. Tenpas added that residents were
confused because the waste was going to the same facility, #
but know they were being charged extra for a special
container and were being asked to separate the waste.
s
Peterson believed that the public needed to be educated on
recycling. Peterson recommended that this item be
forwarded tc the Waste Management Commission.
MOTION:
Pidcock moved, seconded by Tenpas to refer the issue to
the Waste Management Commission. Motion carried
unanimously.
H. Report of City Manage
C. Report of City Attorney
D. Report of Director of Planning
E. Director of Parks, Recreation & Natural Resources
1. Petition fromC at a -Woods Residents for Mini-Park
Lambert reported that the cost to develop a Mini-Park
would be approximately $16,000. The costs would cover
grading, seeding, and landscaping. Lambert added that 31
neighbors had signed the petition and had stated that the
street was the only flat space and the children used the
street for a playground. Lambert stated that other
neighbors had voiced concerns regarding the play
structure, additional noise, and the expense to the City
when other parks were nearby.
Tenpas asked how close the nearest park was to the
neighborhood. Lambert replied that by following
sidewalks, it would be approximately 800 to 900 feet.
City Council Minutes 21 August 1, 1989
Harris asked if this park could be postponed till next
year and added into the 1990 City Budget, especially since
this was so late in the season.
Peterson stated that he had understood that the park would
be used by young preschool children, but at the Parks,
Recreation & Natural Resources Commission meeting it
appeared that the park would be used by 2nd or 3rd
graders. Peterson questioned if significant grading would
be required to make the area' useable. Lambert replied
that the area was a low swail area.
Todd Gillick, 16582 Ashby Lane, was concerned about the
location of the play structure, which would be 20 feet
from his back deck. Gillick was concerned about the noise
and did not want a ballf field on the lot. Gillick noted
that the neighbors which actually would surround the park
were not notified. Gillick believed that the park would
be too small .
Pidcock asked why the grass was so high. Lambert replied
that this was part of a wildlife management area adjacent
to Purgatory Creek.
Tenpas supported the recommendation that the
P PP project be
postponed till next year and have the City Staff do the
work to save money.
Peterson stated that he had not been convinced that there
was a long-term need and would like to see compelling
reasons presented.
Lambert suggested that a distance of 150 feet become a
standard requirement between a playground and a residence.
NOTION:
Tenpas moved, seconded by Harris to table this issue.
Motion carried unanimously.
2 - Miller Park
Lambert reported that the City was required to provide
access to the property which had been funded with public
funds. Lambert proposed that the park be seeded for
grass, a boat access and launch be provided, and a gravel
driveway developed. Lambert added that these actions
would meet the lowest requirements possible at this time.
KOTION:
Tenpas moved, seconded by Pidcock to approve the proposal
as recommended by the Staff memorandum. Motion carried
unanimously.
City Council Minutes 22 August 1, 1989
3 . Request from Jeanne Carsello for Memberships at
Community Center
Lambert reported that Jeanne Carsello, representing the
Eden Prairie Family Center, had requested Staff to
consider allowing low-income families reduced rates or
free use of the pool at the Community Center. Lambert had
replied to Ms. Carsello via a letter that the City
currently had programs and scholarships available for the
low income families in the community. Lambert added that
one free session of swimming lessons per season was
currently provided and swimming was free at Round Lake
Park during the summer months, which would be an equal
distance from the Hriarhill development.
Ada Alden, Director of the Eden Family Center, stated that
the purpose of the Center was to improve the stability of
families and parenting for low-income families. Alden
believed that it was important to have a community network
of resources for the low-income family in place. Alden
noted that the low-income families were afraid to use some
of the community services and their purpose was to bridge
the gap between these families and the rest of the f.
community.
Carsello believed that one of the best ways to achieve a
positive family focus was through recreational activities.
The Center tried to encourage the families to play
together and was asking for the City's support in this &
pursuit. Carsello added that the families that she worked
with had asked her for help with this issue.
Tenpas asked how many families would fall into this
category in Eden Prairie. Alden replied approximately 3
to 4 % of the Eden Prairie population. Carsello added
that 326 units were furnished in the low-income housing.
,P4 Tenpas believed that government had a responsibility to
provide for the families which are falling through the
cracks. Tenpas questioned what the additional costs for
the Community Center would be for the approval of this
request; he believed that the City should be able to help
in some way.
Pidcock believed that it was important to give the young
people and low-income families a chance to participate.
Carsello believed that instituting this type of program
would not be an overwhelming burden to the City.
{
Harris supported the concept of some type of program being
established; however, she believed that more thought
needed to be given to a sliding scale structure. Harris
believed that it was important for the low-income children
City Council Minutes 23 August 1, 1989
to achieve self-actualization and understand that a
different type of lifestyle was achievable.
Peterson recommended that this issue be forwarded to the
Human Rights and Services Commission to make a formal
recommendation to the Council.
LION:
Harris moved, seconded by, Pidcock to refer this item to
the Human Rights & Services Commission for review with the
understanding that the City Council supported the concept
presented. Notion carried unanimously.
F. Report of Director of Public Works
G. Report of Final3ce Director
XI. NEW_ BUSINESS
XII. ADJOURNMENT
The meeting adjourned at 11: 45 PM.
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