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City Council - 12/05/1989 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, DECEMBER 5, 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 : Jean Harris absent . Pidcock arrived at 7 : 37 PM. Mayor Peterson welcomed the Webelos Boy Scouts . I . APPROVAL OF HER ITZLjg OF BUEINEgS .. MOTION: Anderson moved, seconded by Tenpas to approve the Agenda as published and amended . ADDITIONS : ADD Item X.A. 1, Comment on Condition of the Eden Prairie Center Theaters . Motion carried 3-0 . II . MINUTES A. Reqmldr City CgUnciljU �grLgN.: Tenpas moved, seconded by Anderson to approve the Minutes of the City Council meeting held Tuesday, August 15, 1989 as published and amended. CORRECTIONS ' Page 4, Paragraph 2, Sentence 2, should read : had been at flood stage . City Council Minutes 2 December 5, 1989 Page 5, Paragraph 1, Sentence 3, should read : good quality is necessary to maintain . . . . Motion carried 3-0 . B. Reau lam Qi ty Council Meeting held Tuesday,, November 21, 1989 MOTION: Tenpas moved, seconded by Anderson to approve the Minutes of the City Council meeting held Tuesday, November 21, 1989 as published . Motion carried 3-0 . g III . CONSENT CALENDAR A . Clerk 's License List t B . 2-nd Reading of Ordinance No. 44-89 Relatincl to Lawful Gamb ina C. Authorize Adve a ot fgr Bidst Rolicl Stat Qn for Co_rAmunications Centex D . e$-polution Proclaiming FebrgAKy, 1990 51s "Eden Prairie LovggIts Kids" Mgnth E . Regugst for Additio al Storage for-- Baseball Association Sgrvige at BattingFlying i!t I-s F. grgdina Permit for theCity of E en Prairie and Naeaele Broeer y west of Prairie Center Drive G . RE9CINDING LOT DIVISION - Robert and Mary Jane Eickholt . Rescission of Resolution No . 241, Approving Lot Division for Lots 5, 6, and 7, Block 1, E.ickholt 's Addition and Returning Lots to Originally Platted Configuration NOTION : Anderson moved, seconded by Tenpas to approve Item A through Item G on the Consent Calendar . ITUL Pidcock asked if there was storage space available at Flying Cloud Athletic Fields . Lambert replied that Staff had been told that storage space was not available . Lambert added that a second quote had been received on the electrical service . City Council Minutes 3 December 5, 1989 ITEM F Peterson asked what grading was being done . Lambert replied that this was a joint project for the City of Eden Prairie and Naegele to provide for fill to be placed on the site . Lambert added that the grading plan showed a 2% grade . Motion to approve the Consent Calendar carried 4-0 . I V . U Bi�I Q_HEARJL4G,5 A. SUPERAMERI CA CAB WASH by Crosstown Investors . Request for Zoning District Change from Rural to Neighborhood- Commercial on . 05 acres, Zoning District Amendment and Site Plan Review within the Neighborhood-Commercial Zoning District nn 1 . 2 acres, Preliminary Plat of 6 . 2 acres into one lot and one outlot for construction of a car wash addition to the SuperAmerica station . (Ordinance No . 45 89 - Rezoning; Resolution No . 89-254 - Preliminary Plat ) J'ullie reported that notice of the public hearing had been mailed to 11 surrounding property owners and published in the November 22, 1989 issue of the Eden Prairie News . Randy Peterson, representing the proponent, stated that r the plan was identical to a proposal approved a few months ago, and an addition of a carwash to the SuperAmerica facility was being presented . Enger reported that the Planning Commission had reviewed 9 p g this item at its November 13, 1989 meeting and unanimously recommended approval of the proposal based on the recommendations outlined in the Staff Report . Enger noted that the recommended changes addressed in the Staff Report had been completed and were reflected on the plan in the Council 's information packet . Pidcock stated concern for health and safety reasons about daycare facilities locating next to gas stations . Pidcock believed that the uses adjacent to one another were incompatible . Anderson was concerned about the possibility of slippery road conditions on the street directly outside the carwash. Anderson questioned who would be responsible if an accident occurred because of ice build-up from the carwash. Enger replied that the cars would go onto a private road before going onto a public: road and the responsibility would be that of the business, not the City. City Council Minutes 4 December 5, 1989 MOTION: Pidcock moved, seconded by Anderson to close the Public Hearing and approve 1st Reading of Ordinance No. 45-89 for Rezoning . Motion carried 4-0 . MOTION: Pidcock moved, seconded by Anderson to adopt Resolution No . 89-254 approving the Preliminary Plat . Motion carried 4-0 . MOTION • Pidcock moved, seconded by Anderson to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations . Motion carried 4-0 . V. PAYMENT OF CLAIMS MOTION• Anderson moved, seconded by Tenpas to approve Payment of Claim No . 55771 through Claim No . 56137 . ROLL CALL VOTE : Anderson, Pidcock, Tenpas, and Peterson all voting "AYE" . VI . ORDINANCES & RESOLUTIONS r VII . PETITIONS. REQUESTS & COMMUNICATIONS VIII . P_EPORTS OF ADVIgORY C!2MMISSIONS 4 :i IX. APPOINTMENTS X. REPORTS OF OFFrCERg, BOAR coMMISSION3 A. agports of Councilmembers 1 . den Prairie Center Movie Thgatgrs Tenpas asked Staff if a letter could be written from the City to request that the interior condition of the Eden Prairie Center Theaters be cleaned up . Jullie replied that the City had received complaints and the City Inspector had visited the site . The inspector was told that a new cleaning service was being hired . Jullie added that the Eden Prairie Center management had also been contacted regarding this issue . Anderson asked who was responsible for disruptive behavior around the theaters . Jullie replied that the theater management should handle the situations; however, if necessary the City police could be called . city Council Minutes 5 December 5, 1989 Tenpas requested that the condition of the theaters be monitored on a regular basis . H . Report of City Manager 1 . Negotiator fog City Hall Site Jullie reported that he was still receiving responses from persons who worked with real estate . 2 . Reauest for Fmndq_ - Prairie Fgst Eden Prairie SchoQ§ Pidcock stated that this was already in the budget and recommended approval . r MOTION : Pidcock moved, seconded by Anderson to allocate $1,000 for the Prairie Fest . Anderson asked how much the Eden Prairie School District was contributing . Jullie replied $13, 500 . Tenpas questioned why the Eden Prairie School District did not pay for the entire project . Jullie replied that the program addressed the problems of the youth of the community and this was also considered a City issue . Anderson believed that the programs were worthwhile, but was concerned that the programs were only conducted during the school year and not carried on into the summer months . Peterson believed that it was appropriate for the City to participate in this type of program. He added that the City also had an interest in the youth of the community. Peterson believed that this type of program should be encouraged without reservation . Peterson stated that the program involved over 140 youths and the program was targeted at dealing with self-esteem, which was vital for the young people 's development . Peterson recommended that the allocated amount be increased to $1, 500 . Pidcock believed that the $1, 000 amount was adequate because a specific group, those in public schools, was being targeted and others were excluded . Tenpas stated that he was not against the program, but if this were to be a joint project, the City' s contribution should be more . Anderson believed that it was important for the City to be involved . He was concerned, however, that the dollars were being well spent and that there was accountability. City Council Minutes 6 December 5, 1989 Motion carried 3-1 . Peterson voted "NO", because he r believed that contribution should be more . C . Report of City Attorney D . Ftegort of Directog of FJ_ann ng E . Director o_# Parks . Recreation & Natural Resource 1 . Petition for Bikg Trail from County Road No . 1 to Valley Road along Ellen Prair.,ig Rood Lambert reported that a petition had been received for consideration of a bike trail from County Road No . 1 to Valley Road along Eden Prairie Road . He added that approximately 30 residents attended a neighborhood meeting were the trail was discussed . Lambert stated that the Parks, Recreation, and Natural Resources Commission recommended that the trail be included in the 1990 budget at $14, 000 . Tenpas asked Lambert if this trail was viewed as a safety Issue . Lambert replied yes . M QT O : Anderson moved, seconded by Pidcock to approve the bike �. trail along Eden Prairie Road from Pioneer Trial to Valley Road to be included in the 1990 budget . Motion carried 4- 0 . E F. Report of Director Pf Public Wgr G. Rgsort of Finance DJXeCtor. XI . NEW BUSINESS XII . ADJOURNMENT MOTION : Pidcock moved, seconded by Tenpas to adjourn the meeting to a closed session to discuss the landfill litigation at 8 : 15 PM. Motion carried 4-0 . The executive session adjourned at 10 : 10 PM.