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City Council - 11/21/1989 i7ity counci I minute,_i 2 N()vt,mhfer 21 , 7_58q a:3 ptibli:5hed . Motion carried 4 -0 --0 . C. Rec4ular City Council meet in -it,_ Id TuL.�sday,_November.. 7 Harris moved, seconded by Pidcock to approve the Minutes ut the Regular City Council iroeetinq held 'riie:Aay, November 7, 1989 as published and amended . COPRECTIONS : Page 16, Paragraph 2,, Sentence 4, should read : Peterson then questioned if the reference to . . . . Motion carried 4-0-0 . III ('ON"EN'," CALENDAR A . (-1erk1 :_:i License, List B . R.e lease of_Spegial Assessment Agreelttent_ -22 r nq S t jk, 2 d _i -j I;_ Subdivisi­o,n ' s-P_p_rt_-�qn_qt_.Construc jo_ ro i a t e d with Trunk Watermain . CongtructLp-n @,jpDg__CoY ILL it Road- C. Agprove Plan for_ C f 1 0 1_ 5Lt'u (Resolution No . 89-243 ) D. Control Signai Stjtm_._aUt OAU RQ_- 1_.LR.U;!_neer T and Fran lo (Resolution No. 89-249 ) E. -to F_1_y j D_q_a7o,u Drive . I C. 52-18 ( Resolution No. 89-251 ) MgTLQ tA: Harris moved, seconded by Pidcock to approve Item A through 9 on the Consent Calendar . Peterson stated that he was please to see Items C and r), for traffic signal systems, on the Consent Calendar . The entire Council concurred . Motion carried 4 -0-0 . TV. PURL IC HEAR TNGS A. SANDY P,QjNTE by Sandy Pointe Partnership. Request for Zoning District Change from Rural to RI-22 on 6 . 0 acres, City Coun(-.: il Minutes 3 Nc)vr,ml)F._,r 21 , l `_),39 Preliminary Pl<ar_ 11 . 2 into 13 single family lot::,.. 4 outlots, and road right-of-way . Location : East and .rest of (-orral Lane, south cf Red Rock Lake ( Ordinance No . 41- Pt.-zoning : Resolution No . 89--207 - Preliminary flat ) Continued from October 17, 1989 Rob Smith, representing the proponent, Stated that since tht last meeting the proponent and the Eden Bills Homeowners Association had reached an agreement to terminate Corral Lane in a cul -de-sac, to have Sandy x Pointe Road end in a cul-de-sac at the recreational lot, .and .a :;30, 000 af,ttlement to be paid to the Eden Hi11.3 Homeowners Association to compensate it; for the inconvenience to be able to reach the recreational lot . Smith added that the Eden Hills Homeowners Assuciation had recommended that the plat be .approved :as recommended by the Planning Commission and Staff , A proposal for easements to be exchanged between Zachcn,an and the AL;:;ociation for the recreational lot and the beach area for .a pedestrian traffic system to the recreational lot and beach was being considered ; howevF-r, the Assoc i at i nn woctici recommend .approval of the plan with or without these casements . Landscaping and a 3--to 4- foot berm would be placed along the easement area and a gate installed + t the entrance to the recreational lot . Smith noted that the Sandy Pointe Development would not have a hoit►erowner:; association and would not be considered part of the Eden Hills 1st Addition . Smith stated that another condition was that the plat. would consist of only 12 lets . Enger reported that the Plat before the Council tonight was the same plat as previously presented . The proponent had worked further with the neighborhood to address its concerns. Enger noted that City Staff had not been a part of the negotiations between the proponent and the neighborhood . The proposed road alignment had been reviewed by Staff . Pidcock asked a representative from the Eden Hills Homeowners Association to respond to the proposed agreement . Ed Martin, 15810 Cedar Ridge Road, stated that the proponent had met with members of the Association and those members in attendance were in favor of the agreement outlined in the letter to the City Council dated November 13, 1989 . Pidcock asked Martin how the Association members would get to the like . Martin replied that the members would have to go to Mitchell Road and through the gate or access through Red Stuck Park . Aride.rson asked what type of boat docking arrangements D z City Council Minutes 4 November 21, 1989 woulul Lac, providtt d for the residents of the Association now ( that a public_ .access wa:.; av,iilable on the lake . Martini replied that tire, AsSoc. iation had provided { deck area ,and .t -:wimmi ►iy dcc:k bc_fore a public icccsJ wa:3 provided and would continue to do :,o . Anderson wa: concerned that with the public Acce--s more residents would have access to the lakes .and the amount o f hoats being flocked on the lake would incze.:asc- . Martin believed that with a 10-horsepower limit this should nor. be .a problem . Peterson asked Ande.s;(-.)n if hi :-, cuncern wa:; "hat the Association would c-on: tract a much Larger dock area than in the past . Anderson replied that he was concerned that more boats would be. docked .and stored on the lake . Peterson then asked if the City did not have restrictions which would regulc to the construction of docks . Lambert s replied that the -Shoreland Ordinance regulated the number of dock: and their :a i::e . Anderson noted that on Bryant Lake some of the homes which did not own lakeshore property did have right.-, of access to the lake and to dock their boats . Ander::.ori i=ked if this would apply to Mitchell Lake and the Association . Lambert replied that the same rights would apply; however , on Bryant Lake a variance had been granted to allow the construction of the larger dock area . Lambert added that with the. 10- horsepower limit he did not believe there would be a problem on Mitchell Lake . Pidcock ,asked if Mitchell Lake could now be aerated,d, since a public access was provided . Lambert reel ie-d yes and .added that the City had applied for an aeration system . The State was in the process of redesigning the aeration system at this time . There were no further comments from the audience . !!Q ION: Harris moved, seconded by Pidcock to close the public hearing and approve 1st Reading of Ordinance No . 41 -89 for Rezoning. Motion carried 4-0 . MOTION : Harris moved, seconded by Pidcock to adopt Resolution No . 89-207 approving the Preliminary Plat and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Anderson asked if any restrictions could be placed on the development to protect the large cottonwood trees on this parcel . Anderson noted that t1he cottonwood trees were not part of the City ' :3 tree preservation policy at this time . I.ambert replied that the proponent had presented a plan by 1 city �' _>>.,rlc i 1 ;Hir,lit r Nov"-Mber ?1, 1989 which t-he trer:; woilld not INN disturbed . Te ripa c -i r r i ved . Smith tested that the trees were within the s.hureland area and there was no intt-2nt by the proponent l-o (31-:turb these trees . And r.-,on asked if .3 homeowner could remove trees, .after the property was purchased from the proponent ztnd whether were any restrictions which +-r.)ulc3 .;t,;p this from happening . Lambert replied that a homeowner was only able Lo remove 10% of the vegetation without .a permit Lrom the City. Anderson was concerned that the removal of these cottonwood trees would change the character of the t land.3cape drastically. Pauly noted that the removal of the trees could be controlled through the Land Alteration Permit . Lambert believed that the stormwater drainage. system was to be located in the .area with the I..irgl�r Smith replied that the _,;tutmwater dzain..rge :system would be a City project; however, tie believed that the :3ystfam could be installed in a location where the trees would not be disturbed . Pidcuck asked If the Issue of tree removal could not be written .as part of. the Developers Agreement; . P.arlIy replied that the grading areas could he limited au part of the Land Alteration Permit and the storrnwater systema location should be delineated so that the trees would not be disturbed . Anderson asked if sufficient means were available to the City to regulate the homeowners from disturbing the trees . Pauly replied that the Land Alteration Permit limited any property owner and the 10% limit for vegetation removal would sufficiently regulate the homeowner . Peterson asked if the proponent could be requested to attach a notice with the papers at the time of closing to point out to the buyer the restrictions placed on the vegetation removal and the Council concern regarding this issue . Anderson believed that the trees and the property in this area were unique and the City needed to make special efforts to preserve them. Pidcock asked if there was a penalty for non-compliance with the Land Alteration Permit or the Shoreland Management Ordinance. Jull -le replied that a violation of the City• s Code was considered a misdemeanor . f f } 'ity >r�nc- i 1 tfiricrte � 6 November ?.3, t9�9 Anriersn!i ^,tate d th{3t he would like to see? a restriction whirr, prohibited �tny -utt. i nr3 of the trees i n this: area with( uL the EP!zmia6!0II {)f t-lit' City. Umith replied that a nutic:e: could Le giv,wn to the buyer at the time of closing; however , lie,' c-aution+ed the city to be careful and not -1estric_t good engineering practice regarding the storm water drainage systems to save a few trees . '''c�npa_- :. tated that he agreed with the Bpi r i t of the Tree Preservation Policy; however, at times he believed that it was t:::akr.n too far . i { f i Anderson asked the Council if it uorrc:ur red with the recommendation to terminate Corral Lane . Peterson and Harris replied that they reluctantly agreed . Anderson :3tatecd that tie was concerned that this area was be cut off for the future and added that the ease of transportation wi-)uld be tjone . Dietz replied that future access for the Sandy Pointe Development would be restricted; however, .another access from the property to the south could he .iv..cilable when this property develops . Anclersan then �sked what would bc>> best for the City in rroliation to the closing or connection of Corral Lane . Dieu replied that the connection of Corral Lane would be best for the city. ( Motion carried 4-1 . ( Anderson voted "NO1 ) . 13 . ALPIN.E.,_CE.NTEP. by Lariat Companies . Rt.!quC:3t for Planned Unit. Development District Review on approximately 18 acres, Zoning District Change from Office to C-Reg-Ser and Site Plan Review on 3 . 56 acres for construction of a 23 , 700 square foot retail center . Location : Northea:st corner of Prairie Center Drive and Commonwealth Drive Jullie reported that the proponent had requested a continuance of this Public Hearing to the December 19, 1989 City Council meeting . MOTION - Pidcock moved, seconded by Harris to continue this item to the December 19, 1939 City Council meeting . Motion carried unanimously. C . BLUFFS EAST 7TH LkD.DITION by Hustad Development , Re quest for Guide Plan Amendment from Low Density Residential to Medium Density Residential on 1 . 7 acres, Planned Unit Development Concept Amendment and Planned Unit Development District Review on 186 acres, Site Plan Review and Zoning District Change from Rural to RM-6 . 5 on 7 . 6 .acres , Preliminary Plat of 12 . 15 acres into 26 multi-family lots, une outlot , ,.and road right-of -w.ay . Location : West of County Road 18 and north of Bluff Road . 1 -11 t'y (7ouric" 11 Ili ilutt-:L Novemhf-r 21 , 1989 PiJc3c'F-. moved, by Harri-e- to accept the I-eques- L for withdrawal of thi::; proposal . Motion .-,.arr -ied unanimously. D. M-INNESOTA 'JIKTNG3 INDOOR PRACTICE FACILITY by Kraus Planned Unit Development District Review on 15 acres with waivers, Site Plan Review and Zoning District Amendment within the 1 -2 Zoning District ,)n 4 acres, Preliminary Plat of 15 acres into I lot for construction cf an indoor football practice and training complt-tx . Location: 9520 Viking Drive . Jullie reported that the proponent 1-iad requested a continuance to the February F , 1990 City Council meeting . MOT.I ON : Pidcock moved, seconded by Harris tc-) continue this item to th- Fobrtiary G, 1") 90 City me- tin,g . Motion unanimously . E. QT_1.URQ_JJ_.0FJU%I.LEE by Church of the Jubilee . Request for Site Plan Review on 9 . 35 acres with variance to be reviewed by the Board of Appeals for construction of a 3, 150 square-foot addition . Jullie reported that notice of this public hearing was sent to owners of 13 surrounding properties and published in the November 3, 1989 issue of the Eden Prairie News . Mike Bitner, representing the proponent, presented the plans for an addition to the present structure to consist of classrooms and an area for teen activities . The addition would be located on the west end of the existing building, the existing entrance would be maintained, and two additional entrances provided . The exterior of the existing facility consisted of stucco and split-face concrete block . The proponent had appeared before the Board of Appeals and Adjustments for a variance for the exterior building material . The proponent would like the exterior material to match that of the existing structure ; however, it was willing to compromise and redesign the exterior to meet City code if necessary . The proponent believed that the use of brick would appear foreign along side the original structure . The 2 mechanical units to be installed would be adequately screened . Eager reported that this item had been reviewed by the Planning Commission at its September 25, 1989 meeting and had recommended approval on a 6-0-0 vote. The Board of Appeals and Adjustments had continued this item to its De_ct!mber 14, 1939 weeting regarding the exterior material . city C 0 1 M i n 11 t e:', Novt-mbor ? I , 1989 T h t, prorionent had installed shield�. on the -�x ter ior I i 4_1111 in(l] JIS 117C-COmmended by Staff and art ansitt--! jnnpect ; on had �],_- tertnined that the shields were t-- fif-ctive irL _h,:: reduction ut off -site glare . Fn,jt_-r that on several occasions in thk! Past thf,--. City had permitted small additions to have! the ame t.?XteLiur maLerial as the original building . He added that this wal.� typically done when the additional would. be the last phase of construction . Enger noted that the Church did plan for addition construction in the futurc, . The Board of Appeals and Adjustments waz5 t,:tk .*Ln(j additional Lime to c-uzii: lder this variance request from a hititorical perspective Pidcock asked if the lighting shields could be easily removed and reinstalled . Enger replied that it appeared that the shields were welded on to the lights . Pastor Dovis replied that the shields were a permanent structure . Peterson stated that there was some concern ibaut the attractiveness of the lighting fixtures . Enger replied that the City ' s only concern was the off-site Ulare, not attractiveness . Anderson stated that the character of this neighborhood had changed and questioned how the addition would blend in with the surrounding neighborhood . Enger replied that this would be a matter of personal opinion . Enger added that the Church was of similar architecture as other churches in Eden Prairie . Tenpas stated that the Church had made several improvements to the property. Tenpas questioned if it was necessary to require the use of brick on the addition if it would give the appearance of 2 separate structures . Anderson questioned when was the appropriate time to request the proponent to bring the structure into compliance with City Code . Anderson believed that because the Church was planning to make further additions in the future that this would be the appropriate time to bring the entire facility within City Code requirements . Pidcock asked how close the play structures were to the adjacent residents . Bitner replied that the residents were 250 to 300 feet from the play areas . Pidcock then . ;-a Lhe 113y ireas fromsked if I)Prming wa:i present to .3creen May the adjacent residents . Bitner replied no . Anderson asked flow much of the: ballfielt] was within the Iloodplain area . Bitner replied that Barr Engineering was investigating this item . Lambert replied that cippruximately 60 leet of Lh(! ballfield was on City city Ccl(I[I(-. i I Minutes 9 I h'A L to continue using the portion of tht- ballf ; (--- -Id ,n City pl- ope-rty that an in,;iir�nce policy I)e ,;r- ;,_ tten naming the, City as an :idditiurtal insured ;Tarry . Thi- �'hlirch war; u:iiii,g the property with the City ':: permit.- :31011 --trid the Chu.ruh way riot denying the City ust_ of Lambert wanted to make siurt� that the (--hi _u e 00 S 41 h , rid r t that it: (-:(-)ul(3 not remove vegetation wj- Lljij-i 1-0 ft=t2t of the f 1 0 1 a 1 n Lambert said that the City Attorney':_; of f ice had been notified of the insurance is�ue Peterson believed that chtz- insurance item tc� be addressed immediately . P,-_Istor ro,(Vi :3 ht-, La(3 t,-AlkL!(l with the ("hurch ' s 1 ris ura rice compatty City would be addled as an additional in::-ur(:d party immediately . otated that the floodplain was mostly natUr,11 habitat and questioned if the City had any -_-;pecific plans determined for this area . Lambert replied th,-jt this floodplain was aesignated as a wildlift- ._irs;Ia . I,a in be r t added that the encroachment existed when the Church had purcha-it-d the property. Tenpa; asked if the property could ric- dedicated. back to the Church. Anderson was concerned because there were so tcw wildlife areas 1*-:! f t . petersun a:3ked if this area being returned to the City would enhance the wildlife in E,,I(-rt Prairie . Lambert re-plied that this 60 feet would have i negligible effect; however , the City should riot make a habit of allowing this type of use in floodplains . Lambert added that the public was not being denied use of the property. Teripa:� believed that an .exception was acceptable in this case . Anderson believed that if the use of this area were ever changed that the 60 feet of floodplain should be returned to the City. Anderson stated that he did not want this area to become a parking lot or that the public should ever be deprived of the use of this property . Peterson stated that these could be listed as Council conditions . Mitch Wonson, 14007 Holly Road, was concerned about the onsite drainage and lighting . Wonson stated that improvements had been made to the property in the past without the City ' s permission . The parking lot had been doubled in size without any erosion control measures . The floodlights were installed without the City ' s approval . Worisoix stated that he had written several letters and had several conversations with Staff members regarding the Church . Wonson added that the City Council had granted an r)Utt?S 10 Novf-!mbrir 21 , i 139 kliirly <jradirig permit to the Church f:�% this addition and d he that the ilrainacge to the floodplain •-irea w.. :s ,Af f%.c~ttid , again with no ero.- ion control irieasurr-s in place . .J�rt:;on recommended that the City approve the project with the 2 following conditions : 1 ) a c:omL)xe1 er►siv(, dr'-einage pl.in t)e r. -viuwed, and 2 ) a li<3hting pl,jn be ipprovt�d and brought to within the requirements of the City Code . Wonoon as id that he was not against the (._hurch cage of the property, but believed that the development had grown and was now of a significant magnitude .and :3houid be required to meet City Code . Pastor Davis Stated that the Church had purcha:sNd thE- property in 1986 and had made improvements to the facility and property in excess of $200, 000 . Fic :>a id that a lighting plan had been submitted for the 1itght .ilong Baker Road and these lights were also on timers . The lights in the parking lots had been ri2atliu. te:1 twice t: try t:o reduce the off-site glare and az- a l.a_:t F- ffort: the 4hields had been ,applied . Davis :.�t.ZtF:d th.=it if L-he City { required the use of brick on the iddi tion the. Church would he happy to comply; however , the Church believed that the F alternative use of rockface block would be more appealing . Davis stated that at the request of the City the church had installed drainage control yesterday. t Peterson asked if it would possible to t-,.-ive staff review the drainage on the entire parcel . Gray replied that this had been considered a typical addition request and lie was unfamiliar with the history of the project . ;ray added that Staff would prepare a comprehensive drainage plan . There were no further comments from the audience . s MOTION : Pidcock moved, seconded by Harris to close the public hearing and approve the review of the Site Plan . Motion carried unanimously. MC3T_L M Pidcock moved, seconded by Harris to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendatiuns and the following Council conditions that : 1 ) a comprehensive lighting .:And drainage plan be provided, 2 ) the City be added as an additional insured on the Church ' n insurance policy, .And 3 ) no other use to be permitted for the floodplain area other than the hal l f ield , and the publ lc not be denied accesa to `ity ' s property. °l. a y : I M i I I u it Noveinbt-r 21 , 1.9131 V . PAYMENT (.)F (MAIM" MOTION : Pidcock moved, seconded by Harris to approve Payment of Claims No . 55459 through No . 55770 . ROLL CALL VOTE : Anderson, ITarris ,, Pidcock , Tenpas, and Peterson all voting "AYE" . RESOLUTIONS A . lot Rq.,-;Ld.kn.g 44-09 AIII i ng City Attorney Pauly explained the major points zjdrlret—ed in the ordinance, outlined in the memorandum dated November 15, 1989 , and the changes which had occurred in the g..-tmbling laws , outlined in the memorandum dated November 9 , 1989 . Tenpas stated that the information related to allowing the use of proceeds to pay 'Laxes and Special assessments Changed his outlook Somewhat on the issue of taxing the gross proceeds . Peterson understood thZit the purpose of the tax was only to cover the City ' s enforcement costs and not to provide any additional revenue to the City. Peterson asked if the actual costs could be calculated at this time . Jullie repllr-d that. the coz;ts could only be estimated . Jullie recommended that the Ordinance start with a tax of 1% and if necessary the Ordinance could be amended at a later date if costs were not covered . Pauly explained that the gross amount was considered that which was left after the prizes had been paid fox . Tenpas stated that no other industry was taxed on gross receipts and he favored the taxation of the net proceeds . Pauly replied that the State Laws required that the tax be based on gross proceeds . Anderson stated that he concurred with the Committee ' s recommendation of a 1% tax . Peter--on stated that one or more organizations which had contacted the American Legion were not from Eden Prairie . petcrson questioned the recommendation that 100% of the proceeds stay in Eden Prairie . Pijcoc),, recommended that not more than 40% of the proceeds leave the community. Denis Bertrand, representing the American Legion, commended the City Attorney ' :; office tin the lat Draft of t:'ity ur,c i I 14iiiute-s 12 November 21 , 1989 the Ordinance . Bertrand addl+�d that .-A major concern voiced by :,e-.vvral of the organizations Taa.; th(! requirement that 100 o _,t the funds remain in Eden Pr.a i r ie . He further -xplaitied that -St . Mary ' :; Romariian Orthodox Church of Wit . Paul would definitely leave the Lc-pion if this were enforced . Bertrand added that evert the Legion and Auxiliary had difficulty with this ..equirenient because :although the majority of its contributions remained in Eden Prairie, there were some State arid National prograir:s which were also funded . He said that the Legion did not objQct to leaving a substantial amount in Eden Prairie, but was reluctant to agree with 100% . Peterson stated that a specific formula would not necessarily fit each organization and recommended that the organizations be categorized . Harris believed that it was important to assure some benefit to Eden Prairie . Harries recommended that 30- of the proceeds remain in Eden Prairie . Pidcock recommended a minimum of 3511, remain in the community because of the increasing need for human services funding . Jullie stated that he and Mr . Bertrand had discussed an r overall contribution from the Legion building of 50%, t noting that some organizations would contribute a higher percentage and some a lower percentage . Bertrand asked if the Baseball Association and the Huckey Association raising funds for their specific sports would qualify as funds staying in the community. The Council believed that it would qualify. Pauly noted that thc+ percentage of funds remaining in the community could not be accumulated for all organizations using the Legion, as the ordinance regulations were based on each individual licensee . Tenpas asked Bertrand if he believed that approximately 50% of the people contributing through lawful gambling were from Eden Prairie . Bertrand replied that the Legion could get an approximate estimate on pulltabs; however, on bingo it would be more difficult because of the distances some players travelled to play bingo when the amount of money available to win became large enough . Pauly noted that the.: number of locat: ionz for lawful gambling were limited in Eden Prairie . Bertrand stated that if Lhe requiremerits were su iii9h that ( the organizations could not make a reasonable profit for themselves, it would be difficult to motivate them to come i -fit y r-�,itnc i 1 Minc�tr.s t 3 November 21, 1989 to Eden Prairle, . Anderson a ked Bertrand if }se believed that 55% of i,ro(-:ee:ds to remain in Edon Pr,i it le would be tor) high . Bertrand replied that he believed that 5016 as discussed with City Manager Jullie was the most -.accept.iblt percentage . Harris otated that she had arrived at a 30% f igure , because 10% was to be administered by the City ,and the additional 30 p would make a total contribution of 404 to remain within the confines of Ellen Pro rie . Anderson stated that the percentage could be adjusted on a yearly basis Bertrand believed that the total contribution from the Legion site would well exceed 40% . Bertrand believed that is the succc.-t; : F the Lr.gion bec amt. know more E�3eci Prairie organizations would be using the facility. Ht: rit_atecl that St . Mary's had already conducted 14 wf—eks of bingo At ghat -appeasred to be a to wing proposition . Bertrand as id that the organizations did not anticipate: large amourrt:.; of profits until after. the l.st year of games had taken place . Ron Winkler , 10300 winter Place , representing a gymnastics group, questioned if his group would qualify since all of the athletes were not from Eden Prairie . Pauly asked if the organization was housed in Eden Prairie . Winkler replied that the group met 1 block into Minnetonka . Winkler then -asked if the funds were used to :_;end an Eden Prairie athlete to national tournament's would thi:> constitute funds for the community and would he have to discriminate against an athlete from Bloomington if the funds were obtained from Bingo at the Legion. Harris believed that if the organization sent an Eden Prairie child to national tournaments this would be considered a contribution to the community. Farris added that the organization would not need to discriminate for or against anyone, that only a certain portion of the proceeds were to be used in Eden Prairie and the remainder of the funds could be used to send the other athletes . Tenpas and Harris concurred that this organization would be within the spirit_ that the ordinance was drafted . Pauly asked Bertrand if the Legion had a :aeparatr- housing c.-orperation . Bertrand replied no, and there was no intent to re-organize . Bertrand questioned the -�;c�ctian of the ordincarice which stated that the gambling could not be located in dining or c_-a 5Yi ier area--; . tie added that thc-! Ley i un ' yambl i ng booth � its 1 Minut 14 November 21 , 1954 was the mu:-t prominent feature entered the building ,acid w,35 lU(_._►tt>d within the-, dining art-a . Pauly repiied that this recommendation came from the Charitable Gambling Committee . TF_npas replied thal_ the int'­:nt of this recommendation was for use in a i:•ubl is f:3c: i lit:y. The Council concurred that this portion of the= ordinance should be eliminated . Bertrand questioned why the City wanted to exclude the use of paddle wheels . Pauly replied that ;:fzi:, was recommended by the Lawful Gambling Committee . The C'ouii it concurred Y that this portion of the ordinance should be eliminated. Pauly asked the Council if it was comfortable with the wording regarding eligible organizations . Tenpas believed that the requirement of an office within Eden Prairie should be eliminated . After. further discussion amongst the Council it was determined that the entire ,�ubdlvi5ion 7 should be eliminated . 4 MOTION : Pidcock moved, seconded by Andersen to .:approve the 1st Reading of Ordinance No . 44-89 with the amendments as directed by the Council throughout the discussion . '.-lotion / carried unanimously. `. VI I . FE.TI TIO S� .R JESTS & COMMUNICATIONS A . Presentot ,on__iy Southwest.am ble Ct31t1it1i SylUi3 Adrian Herbst , Franchise Administrator, presented they highlights of the 1989 Southwest Cable Commission Annual Report . He noted that approximately 58% of the residents were subscribers to cable . The Commission wanted to look at community programming and recommended a community or local news show. Herbst explained the operating budget for a 1/2 hour program and added that settlement proceeds would not be used to fund the program: Tenpas asked the City would be able to use the Cable Company' s equipment on a regular basis to televise the Council meetings . Herbst replied that he believed that this would be a possibility. Herbst added, however , that would riot include any personnel to operate the: egUipMent . Pidcock commended Herbst for his work on the Southwest Cable Commission . Peterson Basked if the administration and legal fees were expected to remain at the budgeted amount . Herbst replied I ye s . HerbL;t reque--ted that. the Council vote to accept the 1989 City courk(. 1 1, Minutes 15 Noveinbe-r 21 , 19139 rr Annual Report and Budget t. .M0.7-Totl: Pldcock moved, sec onded by flarri:; to accept the 1989 Annual Report aind Budget as published . Motion carried urian I mous i_v. VI T r REPORTS OF ADVISORY (--0MMTr)Sr0N3 X . REP OR TR OF OFF I CER,___jUQARa .A G0I tj SS q 1 . Di I......... -22 The Council .2oticurrt-d to defer this item to the (710�-ied Ses s i on . M,'nager 1 . A.ward Bid for F ire En ing Jullie reported that Staff recommended that -a contract be awarded to General Safety Equipment Corporation for sum of $309 , 000 to purchase twu fire engines . The City stiould be able to provide the funds, through the equipment budget . Tenpas asked if there was any reason why there was only one bid . Dawson replied that this equipment was custom designed and added that the pricing was comparable with other companies . Tenpas stated that he would be more comfortable with more bids because of the major expenditure . Peterson stated that the specifications were very specific and the Council had spent a great deal of time last year learning about the requirements . Peterson asked if this item could be continued to allow Councilmember Tenpas to review some of the information which had been provided to the other members in the past . Dawson replied that other companies were given the opportunity to bid . Anderson stated that he understood Councilmember Tenpas ' s concerns; however , he was comfortable with the bid . Tenpas requested that he be provided with o list of the companies which had been requested to bid . Anderson moved, i.econded by Harris to award the contract for the purchase of twu triple-combination pumpers to J '-j ty ('ot'l I i". i 1 mi I I Utt's 15 .I -J,.)v(-mtjt,r 2 1 1 ?8 9 .,r-tieral Safety Equipment Corporation f(Dr the :sum of I 0 9 , 0 0 0 Motion *ar r I c,.i �1 n -i. . T'f — D . R.#'-.ppr':t_qf Dirpctor of Pla; F . D i r ec t o r---(:) f __P a,r.K* Re.c r e a t....i.....p.....ri. N a t u r .-i I o 1i r C Qa 1 . Larkspur Lane-- Trail Connection r,ambert reported that the City had been 'C-ryink] tO ,-OmL) L �tp_ this Lrail connection for some time . There was one homeowner which objected to the trail being place,i i r, t h i.3 location in the Preserve because of thu d(aditional pede:itrian and bicycle traffic . Staf f recommended that condemnation proceedings begin and an appraisal be (Jbtained . Petfirson asked if residents wf�re using the trail even though the connection was not made . Lambert repli _-d that: Lhe City did maw the trail . Anderson azked if this sect iun was critical to Lhe ox,,orall trail system of the City. Lambert replied that the City had :3-everal dead end trails; however , this particular section would cunnect several trail systems. Anderson then asked if it would possible to acquire a trail all around Neill Lake . Lambert replied that this would be possible eventually; however , it was not a top priority . Anderson moved, seconded by Tenpas to authorize Staff to begin the condemnation process for the Larkspur Lane Trail easement . Motion carried unanimously . 2 . Review Pronosed La T r( tom Cetak Lambert presented a concept plan for a possible land trade . A soil study was being done and issues related to a drainage ditch were being studied . A request had been submitted to the Watershed District for a Joint grading permit for this area . Staff planned to return to the Council with more definite information on these issues ..at .3 later date; however, Staff would like direction from the Council at this tiinf- it the proposal for the land trade would be acceptable . Lambert statt-d that the Parks, RUCrecktion & N;Ai-uzal Re :30UrCeS Commission had emphasized the importance to have the entrance to the park clearly defined and was uncomfortable with any requirement for crass -easements for parking with Flagship Athletic Club . The Commission did not want the park to be hidden between :,itY Ct:utl'. il Mi fill te,; 1"� N�a�romher '1 , I ?� two building, it: helleved that t:he park ity w<+-, vital . Peterson bt-1 ieved that Staff should pursue the ;and trade concept . Teripas asked what property Naegele owned . r-,ambe,rt replied that V aegele owned the property on Math :sides of the City park . Terapas questioned if Naegele would L,(. ccceiving a greater benefit from a land trade than the r"ity . Don tnraiier replied that the storm sewer -j as the major !-slue . Brauer_ .added that the benefit would be Lhat a <-orner lot would provide inure visibility for the park; however , the corner lot would be of more benefit to the City with a privately-awned building . Ter,pas believed that a land trade would be acceptable. T,an�hf,r t: stated that conversations with Mr . Feer i ck and Mr . Naegele had indicated that it would not make .any difference to them which way the City wished to move . F . E?,t'l-ort of Director of_Puhl_.j-c Wuzk r Re-- ?q.rt gf Finance_ Directo� XI . NEW_ BUSINESS XI I . ADJOUR M.ENT The meeting adjourned to a cloyed session at 10 : 40 PM. This executive session ended at 12 : 20 AM.