City Council - 09/19/1989 EDEN PRAIRIE CITY COUNCIL
UNAPPROVED MINUTES
TUESDAY, SEPTEMBER 19, 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, 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: All Members Present.
PRESENTATION OF 1989 MRPA CITATION AWARD
Director of Parks, Recreation & Natural Resources Bob Lambert
introduced John VonDeLinde, Chairman of the Awards Committee for the
Minnesota Recreation & Parks Association.
VonDeLinde gave a brief history of the organization and stated that
the main goal of the association was to promote the quality and
availability of leisure services to the State's residents. The MRPA
Citation Award is awarded to recognize public, non-profit, and private
agencies which have completed projects which best exemplify sound,
innovative, well carried out projects on a local level that comply
with the philosophies of parks and recreational services .
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VonDeLinde stated that Eden Prairie was the recipient of the 1989 MRPA
Citation Award for its project at Round Lake Park. VonDeLinde added
that the committee believed that the Round Lake Park project was a
superbly carried out project and deserved recognition on a State
level .
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VonDeLinde presented the award to Mayor Peterson and Director of
Parks, Recreation & Natural Resources Bob Lambert.
Anderson believed that Round Lake Park was the best illustration of a
cooperative effort between the City and School District over a long
period of time. Anderson added that he was very proud that the City
of Eden Prairie had received this award.
IAPPROVAL OF AgENDA AND OTHEIR ITEMS -OF BUSINESS
City Council Minutes 2 September 19, 1989
MOTION•
Pidcock moved, seconded by Harris to approve that Agenda as
published.
ADDITIONS•
ADD ITEM X.A. 1, Public Relations for City Awards. ADD ITEM
X.A. 2 , Appointment to Chemical Health Advisory Board. ADD
ITEM X.A.3, Council Donation to Foundation Ball .
II. MINUTES
A. Special City Council Meeting held Tuesday February 14.
1969
MOTION:
Harris moved, seconded by Pidcock to approve the Minutes
of the Special City Council meeting held Tuesday, February
14, 1989 as published and amended.
CORRECTIONS:
Page 4, Paragraph 3, should read: Fred LeGrand. Page 11,
Paragraph 1, should read: Candy LeGrand. Page 12 ,
Paragraph 2, should read: and the Council needed to be
cognizant of their needs and include items which address
their interest, such as community parks.
Motion carried unanimously.
B. Recqular City Council Meeting held Tuesday. Jun 6. 1989
MOTION:
Harris moved, seconded by Pidcock to approve the Minutes
of the Regular City Council meeting held Tuesday, June 6,
1989 as published. Motion carried unanimously. t
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C. Regular City CouDcil MegtinaeSeptember 5 .
1989 j
MOTION
Harris moved, seconded by Pidcock to approve the Minutes 1
of the Regular City Council meeting held Tuesday,
September 5, 1989 as published and amended.
CORRECTIONS:
Page 7, Paragraph 5, Sentence 1, should read: the Council
had been convinced earlier . . . . . Page 14, Payment of
Claims, Paragraph 3 , Sentence 1, should read: the
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City Council Minutes 3 September 19, 1989
conference on plastic recycling. Page 10, Payment of
Claims, Paragraph 3 , Sentence 3 , should read: that there
were representatives . . . Page 17 , Item C, should read: Sue
Doeden.
III. CONSENT CALENDAR
A. Clerk's License List
B. LAMETTRY CENTER by Richard A. LaMettry. 2nd Reading of
Ordinance 26-89 , Zoning District Change from Rural to C-
Regional Service on 1. 88 acres; Approval of Developer's
Agreement for LaMettry Center; Adoption of Resolution No.
89-189, Authorizing Summary of Ordinance No. 26-89 and
Ordering Publication of Said Ordinance; and Adoption of
Resolution No. 89-190, Site Plan Review. 1..88 acres for
one 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. 89-189 - Authorizing Summary and
Publication; Resolution No. 89-190 - Site Plan Review)
C. Final Plat Approval for LaMettry Addition (located north
and west of Plaza Drive and south of Valley View Road
within the Menards Complex) Resolution No. 89-200
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D. Approve Supplemental Agreement No. 1 to Contract with
Barton-Aschman Associates. Inc. for Design of T.H. 5 from
CSAH 4 to CSAH 17
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E. Eighteen Park Business Center - Extension of Developer's
Agreement and Site Plan Review for One Year to September
19 , 1990
MOTION:
Pidcock moved, seconded by Anderson to approve Items A
through E on the Consent Calendar.
ITEM A:
Peterson requested that the request by Acrogymnastics
Sports Education Assoc. for a Class A gambling license be
removed from the Consent Calendar and added to the Agenda
for discussion.
AMENDMENT TO MOTION FOR APPROVAL:
Harris moved, seconded by Pidcock to remove the request by
Acrogymnastics Sports Education Association for a Class A
gambling license and move it in the Agenda to Item
VII.A. 1 . Motion carried unanimously.
IV. PUBLIC HEARINGS
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City council Minutes 4 September 19, 1989
A. NELSON ADDITION by David Nelson. Request for Zoning
C District Change from R1-22 to R1-13 . 5 and Preliminary Plat
on 2. 41 acres into 6 single family lots. Location: 9950
Bennett Place. (Ordinance No. 35-89 - Zoning; Resolution
No. 89-202 - Preliminary Plat)
Jullie reported that notice of the Public Hearing had been
mailed to 80 surrounding property owners and published int
he September 6, 1989 issue of the Eden Prairie News.
Peter Knaeble, representing the proponent, presented the
plans for a 6-lot development on 2 . 41 acres. He added
that the plan would require a Zoning District Change from
R1-22 to R1-13 . 5. Knaeble noted that no variances were
necessary and that the plan would meet the City's Guide
Plan.
Enger reported that the Planning Commission had reviewed
this item at its August 28 , 1989 meeting and recommended }
approval with a unanimous vote subject to the
recommendations outlined in the August 25, 1989 Staff
Report. x
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Lambert reported that the Parks, Recreation & Natural
Resources Commission reviewed this item at its September
18 , 1989 meeting and recommended approval of the proposal
with a 4-0-0 vote.
Anderson asked Enger how the lots were zoned surrounding
this property. Enger replied that there were both R1-13 . 5
and R1-22 zoning surrounding this property. He added that
recently platted lots were zoned R1-13. 5; however, there
was property to the east which was still zoned R1-22 at 1
this time. Anderson then requested that the lots
presently zoned R1-22 be pointed out on the map. Enger
noted the lots zoned R1-22 on the plan. Anderson asked if
the lots to the north were zoned R1-22. Enger replied
that the lots to the north were zoned R1-13 . 5. Anderson
was concerned that R1-22 lots would abut R1-13 . 5 and
believed that this should be avoided. 3
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Peterson asked if the realignment of the road as
referenced in the Staff Memorandum was depicted on the
plan presented tonight. Knaeble replied that the
east/west road had been moved 10 feet to the north to keep
the headlights from affecting the home across the road at
the access point.
Pat Finnegan, 9925 Bennett Place, stated that he lived in
the home directly across from the Burnett Addition.
Finnegan stated that the proposed road alignment would
have the access point for the Burnett Addition directly y
across from his driveway and was concerned about the
problem of headlights shining directly into his living
City Council Minutes 5 September 19, 1989
area . He added that at the Planning Commission meeting
the recommendation had been to move the road 20 feet to
the north and now the recommendation had been changed to
10 feet. Finnegan believed that there would still be a
problem from the headlights where the road was moved 10 or
20 feet; however, believed that it would be somewhat less
with the 20 feet.
Finnegan stated that a greater concern was for the safety
of the children in the neighborhood due to the present
traffic from Bennett Place and the increase in traffic
that these developments would cause. He added that the
traffic on Bennett Place was continuously in excess of the
posted speed limit of 30 MPH. Finnegan stated that last
year he had requested that the City post signs which
indicated "Children at Play" and the City had replied that
these signs were reserved for areas near playgrounds and
schools . The City did, however, post the speed limit at
30 MPH at tha*: time. Finnegan had spoken with Senior
Planner Mike Franzen and was told that the sight distance
would be 290 feet at the proposed intersection and the
requirement for a road posted at 30 MPH was 260 feet.
Finnegan added that if the speed limit were 35 MPH, which
he believed the traffic met or exceeded, the sight
distance required would be 350 feet. Finnegan urged the
Council to consider the safety factors and move the road
60 feet to the north and to install a 3-way stop sign at
this location_
Randy Stone, 9947 Bennett Place, concurred with the x
comments made by Mr. Finnegan. Stone added that the
police had conducted a survey on the traffic in the area
this week and that survey concluded that approximately 80%
of the traf fic was at 30 MPH or less. Stone believed that
the survey was skewed in the favor of this proposal.
Stone stated that the construction trucks using this road
needed to build up speed to be able to get up the hill and
believed that these trucks were in excess of 30 MPH
continuously. Stone was concerned for the safety of the
children. He believed that a stop sign would slow the
traffic down. Stone recommended that the road be moved
further to the north to provide a greater distance for
visibility.
Tom Gambucci, developer of Burnett Addition, stated that
he also had been concerned about sight distances and had 8
proposed a cul-de-sac for the development to reduce the
traffic. Gambucci added that the traffic pattern would
not be changed by moving the road 60 or 200 feet to the
north; the only reason for moving the road was to mitigate
the problem with the headlights for Mr. Finnegan. The
road alignment at this time was based on Staff recommendations. Gambucci believed that a cul-de-sac
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City council Minutes 6 September 19, 1989
would divert the traffic, estimated at approximately 550
trips per day, in other directions.
Enger reported that a speed survey was conducted today
between 6: 50 AM and 8: 50 AM. He added that 67 cars were
clocked with an average speed of 27 MPH, 80% of the
traffic was going north and 20% going south, one car was
clocked at 39 MPH, and all the speeding cars were going
north, up the hill. Enger noted that these results were
based on only one day and that additional study could be
recommended
Enger noted the memorandum from Rod Rue, traffic engineer,
which addressed the request for a 3-way stop sign. He
added that the criteria for a stop sign would require a
volume of traffic on the major street to average 500
vehicles per hour for an 8-hour period and the minor
street 200 vehicles per hour for an 8-hour period. Enger
reported that Staff estimated the total from these
developments to be a total of 500 trips over a 24-hour
period. Enger added that an inadequate sight distance
could be considered a justification for a stop sign;
however, the road was posted at 30 MPH and the sight
distances for this speed were considered adequate .
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Peterson pointed out to the residents that the City
Council did not make the determination as to where a stop
sign was required. He added that stop signs do not
regulate the speed of traffic; the best means to r
accomplish speed regulation was through the Police
Department. Peterson stated that the Council was
concerned about idle safety of all residents.
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Tenpas asked if the speed survey was conducted with a
marked or an unmarked car. Captain Clark replied that a
marked car was used to conduct the survey. Tenpas then
asked if this could have resulted in slower speeds. Clark
replied that this could have affected that speeds,
depending on the location and visibility of the marked
car.
Tenpas asked if there was another house located to the
north of the two residents who had addressed the Council.
Knaeble replied that there was one large lot to the north.
Tenpas then asked why the road was not moved 20 feet to
the north as recommended by Staff rather than the 10 feet
as presently proposed. Enger replied that after further
discussion with the developer it was determined that 10
feet would be adequate, but Staff believed that 20 feet
would be better_ Knaeble added that if the road were q
moved 20 feet to the north significant trees would be lost
and by moving the road only 10 feet to the north the
headlight problem would be mitigated and the trees would
be saved . Gambucci added that with the road being moved
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City Council Minutes 7 September 19, 1989
10 feet to the north the headlights would be directed at
the garage of the Finnegan home and not at the living
area.
Tenpas asked Enger to comment on the decision for a
through road versus a cul-de-sac and the affect on traffic
levels. Enger replied that Staff reviewed this area as a
whole and considered all three developments. He added
that Staff determined that a total of 50 lots would use
the through road at 10 trips per, day per lot for a total
of 500 trips per day.
Tenpas asked if the speed could be reduced to 25 MPH.
Dietz replied that a speed limit of 30 MPH was required by
State regulations.
Pidcock asked if Staff had conducted a study of the road
elevations to determine the affect of the headlights on
the Finnegan home. Enger replied that Staff had looked at
the road location in relationship to the Finnegan
property. Pidcock then asked if a berm had been
considered on the Finnegan property to mitigate the
problem. Finnegan replied that Gambucci had mentioned
something at one time, but did not follow through.
Finnegan expressed a concern that the developer could
promise anything, but this did not mean that it would
necessarily happen.
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Peterson stated that Council could require that certain
mitigation measures be carried out by the developer.
Finnegan recommended that the road be moved as far north
as possible. Peterson asked Finnegan if the road could
not be moved further to the north would there be other g
acceptable measures to mitigate the headlights. Finnegan
replied that if the road could not be moved further to the
north he would appreciate whatever could be done to
mitigate the headlight problem.
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Anderson asked Enger if Staff believed that the sidewalk
as proposed would meet the needs of the neighborhood..
Enger replied yes.
Knaeble stated that the grade of the road as proposed
would be higher than the Finnegan property and would
naturally direct the light from the headlights down. He
added that the developer had proposed to plant evergreens
to mitigate the headlight problem.
Pidcock believed that the road should be moved a few more
9
feet to the north and berm constructed to mitigate the
headlight situation.
Peterson asked Enger if it would be helpful to move the
road an additional 10 feet to the north and if a berm and
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City Council Minutes 8 September 19, 1989
plantings could obscure the headlights. Enger replied
that based on plans the headlights would be directed at
the southern end of the Finnegan garage ; if the road were
moved 10 feet to the north the headlights would be
directed more to the northern end of the garage. Enger
added that the real concern was for the sweep of the
lights of turning traffic. Enger believed that a berm and
shrubs would help to mitigate the problem somewhat.
Gambucci stated that the headlight issue was not a legal
issue on which a project could be denied. He added that
he had tried to please Mr. Finnegan and address the
problem. Gambucci said that he had already redesigned the
road to the north and believed that it was unfair to make
further demands. Gambucci also stated that Mr_ Finnegan
purchased his home knowing that there would be additional
development in this area at some time. Gambucci believed
that the proposal as presented was being fair to everyone.
Gambucci emphasized that safety had been the most
important issue.
Peterson stated that it was the Council's desire to make
the proposed development compatible with existing
development and requested that the developer work with
Staff to accomplish this goal.
Peterson asked Finnegan if the Council decided that the
road alignment would remain as proposed, would he work
with the developer and City Staff to investigate the
possibility of using a berm, fence, plantings, or a
combination of the three; or would he not allow the
developer to come onto his property. Finnegan replied
that he was concerned that a berm would obscure the view
when backing onto Bennett Road and would create more of a
safety hazard. Finnegan noted that the Cardarelle !
property was at a higher elevation than his property and
would not be affected by the lights if the road were moved
further north.
Pidcock asked if moving the road 60 feet to the north if
the sight distance would be better. Enger replied yes,
the sight distance would increase to 350 feet. Enger
added that the proposal as presented provided adequate
sight distance.
Harris asked what the negative impact would be to the
overall project if the road were moved 10 feet versus 60
feet to the north. Knaeble replied that the p project would
be reduced by one lot and additional tree loss would
occur_ Enger clarified that if the road were to be moved
further to the north the proponent would choose to move
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the road 125 feet to the northern property lin: which
would allow them to retain the present number of lots, but
would result in additional tree loss.
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City Council Minutes 9 September 19, 1989
Peterson asked if this redesign would result in additional
driveways on Bennett Road. Knaeble replied no.
Enger noted that the Planning Commission had recommended
to move the road to the north 20 feet.
Tenpas asked Finnegan what rooms would be exposed to the
headlights. Finnegan replied that the living room and two
bedrooms would be affected. Tenpas recommended that the
road be moved an additional 5 feet to the north and that
Staff be directed to assure that enough plantings were
placed on the Finnegan property to mitigate the headlight
problem.
Peterson asked Enger if Counc ilmember Tenpas's suggestion
could work to mitigate the situation. Enger replied yes.
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. 35-89 for
Rezoning. Motion carried unanimously.
MOTION:
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Harris moved, seconded by Anderson adopt Resolution No. f
89-202 for Preliminary Plat approval and to direct Staff x
to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried
unanimously.
B. BLUFFS WEST STH by Hustad Development. Request for Zoning
District Change from R1-22 to R1-13. 5 on 2. 12 acres and
Preliminary Plat of 2 . 12 acres into four single family
lots, with variances to be reviewed by the Board of
Appeals. Location: North of Bluestem Road & access off
Bennett Place. (Ordinance No. 36-89 - Rezoning;
Resolution No. 89-203 - Preliminary Plat)
Jullie reported that notice of this Public Hearing had
been mailed to 80 surrounding property owners and
published in the September 6, 1989 issue of the Eden
Prairie News.
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Mary McCawley, representing the proponent, presented the
plans for 4 single-family lots on 2. 12 acres. Two flag
lots were proposed and variances would be required.
McCawley stated that the proponent was requesting a Zoning
(, District Change from R1-22 to R1-13 . 5.
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Enger reported that the Planning Commission had reviewed �
this item at its August 28, 1989 meeting and recommended
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City Council Minutes 10 September 19, 1989
approval of the project with a 5-0 vote subject to the
August 25, 1989 Staff Report recommendations. Enger added
that the variances for the flag lots related to the lot
frontage requirement on a City street.
There were no comments from the audience.
MOTION:
Anderson moved, seconded by Pidcock to close the Public
Hearing and approve lst Reading of Ordinance No. 36-89 for
Rezoning. Motion carried unanimously.
MOTION•
Anderson moved, . seconded by Pidcock to adopt Resolution
No. 89-203 for Preliminary Plat approval and to direct
Staff to prepare a Development Agreement incorporating
Commission and Staff recommendations. Motion carried
unanimously.
V. PAYMENT OF CLAIMS
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MOTION:
Pidcock moved, seconded by Anderson to approve Payment of
Claims No. 53996 through No. 54329.
Peterson asked for clarification on claims No. 54050 through
54056 related the the MLC. Jullie replied that it was Eden
Prairie' s turn to act as treasurer for the MLC. He added that
the payment would run through the regular payment of claim
process and then the City would be reimbursed by the MLC. 1
ROLL CALL VOTE: Anderson, Harris, Pidcock, Tenpas and
Peterson all voted "AYE" .
VI . ORDINANCES & RESOLUTIONS
A. 2nd ReadingOrdinance No. 27-89 . mCity Code
Cha2ter 9 . Sec&ion 9. 4Q. RelatingDischarge
Firearms
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Pauly noted that the wording on Page 3 , Item 1 should _
read: then South Along said East line to the Minnesota t
River, then westerly along the Minnesota River to the
westerly border of the City; . .
Anderson asked if there were housing developments in the
area south of Pioneer Trail designated for hunting.
Jullie replied there were housing subdivisions in the
( area. Anderson then asked approximately how many houses
w were located in the Cedar Forest subdivision. Jullie
estimated 100 houses. Anderson asked how many houses were
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City Council Minutes 11 September 19 , 1989
located in the Purgatory Creek area by Dell Road. J'ullie
replied approximately 100 homes. Anderson was concerned
about these densely populated areas being open for
hunting.
Peterson understood the Ordinance to read that shotgun
shells could not be discharged within 1000 feet of any
dwelling or roadway. Pauly stated that was correct and
added that the distance was 1500 feet for slugs. The area
further to the north required a 40-acre parcel .
Anderson stated that several years ago the residents in
the Cedar Forest area had voiced strong objection to
hunting. He added that there were small children which
were used to playing in the wooded area . Anderson said
that Bloomington, Eagan, Plymouth, and Maple Grove all had
open land, yet did not allow hunting. He added that
Chaska only allowed bird shot. Anderson was concerned #
about allowing hunting in the middle of a residential
area.
Peterson stated that shotgun slugs would not be allowed
north of Highway 169.
Severin Peterson, 15900 Flying Cloud Drive, stated that
some hunting was allowed in Bloomington„ but believed that
the question was whether hunting would be safe in Eden
Prairie. Peterson believed that there were areas which
would allow for safe hunting and that the landowners M
should have the right to hunt in these locations.
Peterson believed that this was becoming an emotional
issue and should remain addressed as a safety issue.
Dave Brown, 9801 Spring Road, believed that he owned the
most vulnerable home on the bluff and added that he was
not concerned about safety on his property. Brown noted
that the deer herds were at carrying capacity and
something needed to be done to control the numbers.
Peterson asked Brown if he was in favor of the ordinance
as proposed. Brown replied that he would have no problem
with allowing slugs north of Highway 169. Brown added
that there were other areas where problems could occur,
which Councilmember Anderson had addressed.
Harris believed that Eden Prairie was heading toward a
total ban on hunting; however, this would not take place
as long as hunting was acceptable in the river bottom
area. Harris stated that she had walked through several
of the areas proposed for hunting and was more comfortable
with the ordinance. Harris added that she was concerned
about human safety in Eden Prairie and asked for comments
from the Police Department as to whether the ordinance d
could be enforced. Chief Wall replied that he was
comfortable with the boundaries for this year; however it
City Council Minutes 12 September 19, 1989
f did bear watching. Wall added that the areas would be
\ considered reasonably safe and that enforcement was
limited no matter where the boundaries were located. Wall
stated that for the Police Department this was an issue of
discharge of firearms and not a hunting issue or a
wildlife management issue. Wall said that the Police
Department was not charged with the responsibility to be
out every day of the: hunting season to see that the
hunters stayed within the boundaries and observed the .
distances. Wall stated that he would like another chance
to review this ordinance next year. Wall added that one
point that the Police Department strongly supported was
that slugs only be allowed south of Highway 169.
Anderson asked how much time and money was spent
processing hunting permits. Captain Clark stated that the
permit processing was time-consuming. He noted that for
approximately 2 weeks each year the issuing of permits was
the only task accomplished by the receptionist. Clark
added that he personally fielded calls regarding questions
related to hunting, which took up a significant amount of {
time. Clark stated that it had been recommended that the
response to calls should be that unless the :hunter had
hunted in Eden Prairie or knew a landowner in Eden
Prairie, a permit would not be allowed.
Harris asked Clark how many permits were issued each year.
Clark replied that 71 permits had been issued at this time
for 1989. Wall added that 40 of these permits were issued
to non-residents. Harris then asked how long was the
hunting season. Wall replied approximately October
through December.
Anderson asked if all of the hunters had permission from
the landowners to hunt or where they merely getting a
permit. Clark replied that this was not known for sure.
Clark added that a significant improvement had been made
to have on file signed permission from the landowners,
however, this was time consuming and would require further
cooperation from the landowners. Anderson believed that
it was important for the residents paying taxes on the
property to known who had permission to hunt on the land
and that the permission be done in writing.
Pidcock asked how many people could hunt on a given piece
of property at one time. Pauly replied that the ordinance
did not set a limit or restriction. Jullie noted that
there was a restriction of 15 hunters per parcel south of
Highway 169 using slugs. Jullie added that birdshot would
not have any restrictions.
Harris asked how many parcels north of Highway 169
consisted of 40 acres or more. Clark replied 3 parcels.
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City Council Minutes 13 September 19, 1989
Darril Peterson, 18700 Flying Cloud Drive, stated that
there was a problem with the wildlife north of Highway
169. He added that the new housing developments were not
near the areas proposed for hunting.
Pidcock asked Darril Peterson if he was comfortable with
the ordinance. Peterson replied yes and added that he
would like to be able to hunt on his property in areas
where it would be safe .
A non-resident, who had hunted in Eden Prairie for over 5
years, asked how many violations had been reported against
hunters with permits. Clark replied that no accidents had
occurred. Clark added that there had been violations by
permit holders in the past; however, he did not have a
number. The majority of complaints related to noise and
tracking issues. Clark noted that there were fewer
violations by permit holders than by those without
permits.
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Clark wanted to clarify one item which had been addressed
earlier. Clark stated that hunting was not allowed in
Bloomington as noted by Councilmember Anderson; however,
Mr. Peterson was also correct in that special permits were
issued by Bloomington to allow limited hunting for
wildlife management in the river bottom area.
Brett Hope, 14700 Flying Cloud Drive, stated that he
managed the Charlson property, which was located outside
the MUSA Line and would not be developed for some time.
Hope believed that hunting should be allowed in this area.
Mayor Peterson stated that he was prepared to support the
Ordinance as presented for 2nd Reading.
MOTION:
Pidcock moved, seconded by Tenpas to approve 2nd Reading
and adoption of Ordinance No. 27-89 as revised. Motion
carried unanimously.
B. Resolution No. 89-205. reconmending thg APROintngnt
Glenn G.C. 016on to the Metropolitan Transit ' s
MOTIQN
Harris moved, seconded by Pidcock to adopt Resolution No.
89-205 supporting the reappointment of Glenn G. C. Olson
to the Metropolitan Transit Commission.
Pidcock stated that she would like the opportunity to
review the information on a candidate before it was
presented to the Council . Pidcock recommended that the
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City Council Minutes 14 September 19 , 1989
background information be given at least one week prior to
\4 a decision.
Peterson concurred that if the background information were
in the FYI packet it `could give suf f is ient time to ask
questions before a formal recommendation was presented.
Motion carried unanimously-
C. lst Reading of Ordinance No 34-89 to Regulate Snowmobile
Opgrationns
MOTION-
Pidcock moved, seconded by Harris to approve 1st Reading
of Ordinance No. 34-89. Motion carried unanimously.
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VII. PETITIONS, RE UESTSS fi !COMMUNICATIONS
A. BURNETT ADDITION by Transtar. Request for Preliminary
Plat of 4 . 57 acres into 9 single family lots. Location:
9940 Bennett Place . (Resolution No. 89-204 - Preliminary
Plat)
Jullie reported that notice of this public meeting had
been mailed to uwners of 80 surrounding properties and
published in the September 6, 1989 issue of the Eden
Prairie News. Jullie noted that a significant amount of
discussion had taken place regarding this issue under Item
IV.A and directed the proponent to present any new
information relevant to the request.
Tom Gambucci, proponent, stated that a road easement was
on tUTom Gambucci, proponent, stated that a road easement
on the Finnegan property and a berm could not be
constructed on that easement. Peterson requested that
Gambucci meet with Staff and Mr. Finnegan to work out a
reasonable mitigation.
There were no comments from the audience.
MOTION:
Harris: moved, seconded by Pidcock to adopt Resolution No.
89-204 for Preliminary Plat approval and to direct Staff
to prepare a Development Agreement incorporating
Commission and Staff recommendations and Council
conditions that the realignment of the road and an
agreement for appropriate screening on the Finnegan
property be reached prior to 2nd Reading. Motion carried f
unanimously. s
I
dd
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City Council Minutes 15 September 19 , 1989
B. Request from George Bentley on behalf of John Teman
The letter presented in the Council packet was of a
informational nature and did not require action on the
part of the City Council .
C. Request for Gambling Permit by Acrogvrnnastics Sports
Education Association .
Jullie reported that a Class A License had been requested
by the Acrogymnastics Sports Education Association (ASEA) ,
which would allow for bingo and pulltabs at the American
Legion Club.
Peterson asked Jullie if the ASEA was aware that
charitable gambling in Eden Prairie was to be discussed at
the October 24 , 1989 City Council meeting. Jullie replied
yes.
Harris asked for a brief history on the organization. Ron
Winkler, secretary for the ASEA, stated that the
organization promoted trampoline and gymnastics for youth,
known as the Minnesota Twisters. Winkler added that the
organization wished to be able to encourage more young
people to participate in the sport if an interest existed
and not be deprived due to financial hardship. He stated
that some of the current members had qualified for
national competition. The organization would like to
sponsor more education for participants and judges for the
competition. Currently the organization is run by
volunteers . Winkler believed that the bingo and pulltabs
would be a reasonable way to raise funds to continue the
work which has been started.
Harris asked how often the ASEA would propose a Bingo
Night. Winkler replied that the proposed lease with the
American Legion was set up on a weekly basis and would run
1 to 2 nights per week. Harris then asked when the
pulltabs would be sold. Winkler replied only on the
evenings when the bingo was scheduled. I
r
Tenpas asked how many members were in the ASEA. Winkler
replied approximately 200 members with approximately 60 to
80% coming from Eden Prairie. Tenpas then asked how many
hardships cases existed presently. Winkler replied that
he did not have this figure, it would be available from
the ASEA. Tenpas asked how the finds were obtained
currently. Winkler replied solely from fees paid for by
the parents of children which participated.
Peterson asked if it was the Booster Club which was
applying for the license of the ASEA itself. Winkler
replied that the Booster Club had made the application.
Peterson asked if a Booster Club would qualify for a
iaa�
City Council Minutes 16 September 19 , 1989
license under the regulations. Winkler replied that they
had been informed that they met all requirements. Pauly
asked Winkler if it were a non-profit organization which
had been in existence for at least 3 years. Winkler
replied yes.
Pidcock asked how many other countries were involved in
this sport. Winkler replied approximately 41 countries.
Tenpas stated that he was apprehensive that one group
would be allowed to monopolize approximately 1/5 of the
time slots available.
Peterson believed that the request was premature due to
the fact that a date was set to deal with the Charitable
Gambling issue in October 1989 . Peterson noted that the
Council had voted no earlier in the year for another youth
athletic organization and believed that all the facts
needed to be reviewed by the Council as prepared by the
special committee appointed by the Council before any
further consideration should take place.
Winkler stated that the Booster Club had been told that
the nights were available at the American Legion Club,
where bingo operations are already approved.
Tenpas believed that it was important for all groups to be
reviewed with the same guidelines and also that the number
of groups allowed not be limited.
Winkler stated that the number of nights allowed was
fi
offered by the American Legion Club .
MOTION: '
Harris moved, seconded by Anderson to continue this item f
to the Special City Council meeting scheduled for October
24 , 1989. Motion carried unanimously.
I
VIII. REMRTS OF ADVISORX COMMISSIONS
IX. APPOINTMENTS 1
A. ApRointment of- member to a n ' na Commissioll
an unexpired term to Febj:uary 28 1990
MOTION:
Pidcock moved, seconded by Tenpas to nominate Timothy
Bauer to fill the unexpired term on the Planning
Commission. Motion carried unanimously.
X. REPORTS OF OFFICERS. _BOARDS & CO S;IONS
1�cv3
City Council Minutes 17 September 19 , 1989
A. Reports of Council Members
1 . Public Relations for City Awards
Pidcock believed that the City should capitalize on the
issuance of aw ds when presented to the City. An effort
-io havE 60kkr should be made an
pNh t t�t�l,'ho+�A.-
Peterson concurred and added that at the very least the
�.�o�- news media should be made aware in advance that such an
gµ?CtKI�►'ir� �Q ��' event would take place.
Tenpas suggested that the issuance of the award be
included in the Chamber of Commerce brochure.
2 . Appointment to Chemical Health Advisory Board
Peterson reported that Rod Kesselring had asked that a
either himself or another Council member be appointed
along with Lyndell Frye to serve on the Chemical Health
Advisory Board.
Tenpas asked what the function of the board was. Peterson
replied that the CHAB worked with the community and the
school system related to chemical use and abuse.
Peterson asked if any other Council member would be
interested serving.
MOTION-
3
Pidcock moved, seconded by Tenpas to appoint Mayor
Peterson and Lyndell Frye to serve on the Chemical Health
Advisory Board. Motion carried unanimously.
3 . Cgu_ncil Donation to Foundation Ball
Peterson reported that Sidney Pauly had asked that the
City Council as a group offer to prepare and serve a
dinner as a donation to be auctioned at the Eden Prairie
Foundation Ball . The Council agreed.
a
B. Report of City Manager _
I . Sgt Date to Review Proposed 1990 City Budget
Tenpas asked Jullie if it was premature to pass a budget
when the State had not made a decision. Jullie replied
that it was difficult to determine the impact.
i
y
B
Mq
City Council Minutes is September 19, 1989
MOTION•
Harris moved, seconded by Pidcock to set the dates of
October 12 , 1989 and October 26, 1989 at 7 . 30 PM for
Public Hearings to review the 1990 City Budget. Motion
carried unanimously.
2 . City Hall Lease Renewal
MOTION
Anderson moved, seconded by Harris to approve the lease
renewal for the City Offices at 7600 Executive Drive.
Motion carried unanimously.
C. Report of City Attorney
D. Report of Director of Planning
E. Director of Parks. Recreation & Natural Resources
F. Report of Director of Public Works
i
G. Report of Finance Director
4
i
XI. NEW BUSINESS )Sill
t
Jan Bertrand, *.�TPriory Lane, Minnetonka, past president of
the American Legion Auxiliary, wished to comment on how the
members of the American Legion were treated during the
Acrogymnastics request this evening. Bertrand stated that
several Legion members were present and were not allowed to
comment on the issue of the license for the Acrogymnastics
Sports Education Association. Bertrand stated frustration in
the Council's choice not to act on the issue of Charitable
Gambling. The American Legion was currently in a very
critical situation regarding its ability to continue
operations.
Peterson noted that the American Legion Club was not on the
Agenda this evening. He added that this was an unfamiliar
organization and believed that Mr. Winkler presented his case
quite clearly. Peterson emphasized that it was this
organization's application and not the American Legion Club _
which was being discussed.
Bertrand believed that the decision made by the Council was a
✓ direction- reflection on the American Legion Club and its
operations. Berl=nd ?awiau ,.that a spot be left open or
public commend on the agen a �Go� h .
r Tenpas believed that the Council wanted to treat all
organizations fairly.
i
i
�a�s
City Council Minutes 19 September 19, 1989
Pidcock stated that if the members of the American Legion Club
had approached Staff and requested to placed on the Agenda
this evening it would have been done. Pidcock concurred with
Tenpas that the Council wanted to treat all organizations
fairly and this was the purpose of the special committee
appointed by the City Council .
Bertrand stated that the American Legion Club as the holder of
the license had as much interest in the application as the
organization applying. Pidcock replied that if any member of
the American Legion Club had raised their hand at the time of
discussion they would have been allowed to comment.
XII. ADJOURNMENT
The meeting adjourned at 10:Z 0 PM to a closed session
regarding litigation on the proposed expansion of the Flying
Cloud Sanitary Landfill . The executive session adjourned at
12 : 00 midnight.
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