City Council - 05/15/2018 - Workshop APPROVED MINUTES
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, MAY 15, 2018 CITY CENTER
5:00—6:25 PM, HERITAGE ROOMS
6:30—7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher
Wickstrom, Kathy Nelson, and Ron Case
CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George
Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah,
Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City
Attorney Ric Rosow, and Recorder Katie O'Connor
Workshop - Heritage Rooms I and H(5:30)
I. ZONING STANDARDS REGARDING SENSITIVE USES (5:30-6:00)
City Planner Julie Klima presented on zoning standards for three sensitive uses: pawn shops,
adult businesses, and firearms. Research was done on eight local communities for
comparison: Plymouth, Minnetonka, Richfield, Maple Grove, Woodbury, Hopkins, Edina,
and Chanhassen.
Klima stated in regards to pawn shops, the City currently requires licensure, similar to the
eight other comparison cities. Most of the comparison communities have a required
compliance with zoning ordinance. Minnetonka does not allow pawn shops in residential
zones or near properties with liquor licenses. Woodbury and Minnetonka do not allow pawn
shops on properties that have unpaid property taxes. Maple Grove is the only community
studied that has a distance requirement for pawn shops.
Klima stated, in regards to adult businesses, the City does not currently have any regulations.
The comparison communities all require a license for adult businesses. Most allow those uses
in commercial districts or industrials and some allow in either.
Mayor Tyra-Lukens requested a definition of adult businesses. Klima responded there are
many definitions such as entertainment, cabaret, body painting, and stores that sells novelty
items. The licensing requirements and ordinances for the comparison cities are complex with
some including definitions of materials and activities. Six of the eight comparison
communities have distance requirements. The majority of those communities require a
minimum distance from residential zoning district of at least 200 feet to 1,000 feet. Half of
the comparison communities have distance requirements of 500 feet to 1,000 feet from uses
such as schools, daycares, and churches. Some of the communities have distance
requirements from parks, libraries, or off-sale liquor stores.
Council Member Case stated the distance of 500 feet is only the difference of a block. The
distance requirement is only accomplishing not having these uses next door.
City Council Workshop Minutes
May 15, 2018
Page 2
Tyra-Lukens confirmed the City has no zoning or licensing requirements for adult
businesses. Klima noted the City Code does not define adult businesses at this point, and the
City does not require a license. The business would be categorized under retail.
Klima stated state statute governs firearms with the exception of where firearms can be
discharged within the City and zoning requirements regulating where a firearms business can
be located within the City. The City requires a permit for discharge of firearms with distance
requirements. Most of the comparison communities do not have specific zoning regulations.
Richfield requires a conditional use permit in commercial and mixed-use zoning districts.
Richfield and Chanhassen have distance requirements ranging from 100 feet to 1,000 feet.
Klima presented the comparisons of 500 feet and 1,000 feet distance requirements for zoning
sensitive uses. These uses would be allowed in commercial and industrial districts and not
residential or office districts.
Aho noted the current stores in the City, Arnzen Arms and Gander Outdoors, are outside of
the 1,000 feet buffer. Scheels will be on the edge of the distance requirement. Klima replied
Arnzen Arms and Scheels would be within the protected areas,but Gander Outdoors would
be outside the 500 feet or 1,000 feet buffer. Aho inquired if existing stores would be
conforming if there was a 500 foot buffer. Klima replied Arnzen Arms would be close to the
500 feet buffer,but Scheels would still be within the protected areas. Nelson inquired if
Scheels would be grandfathered in. City Attorney Rosow would need to do more research.
There would have to be some consideration given to approvals already granted.
Tyra-Lukens inquired how existing retail locations fair in these scenarios. Klima stated
there's residential close to Jerry's Foods and Kowalski's, therefore a buffer.
Nelson inquired if the distance requirements have to include all three of the uses. Aho noted
some cities only have distance requirements for one of these uses. Case added there needs to
be further discussion and consideration of the distances.
Aho inquired if the City can forbid particular types of adult businesses. Rosow replied the
City has to allow all credible businesses. Either distance requirement of 500 feet or 1,000 feet
would be seen as sufficient with the amount of areas available for these uses.
Nelson inquired if the City has to provide a liquor license to these establishments. Rosow
replied the City can have discretion as to who they provide a liquor license to.
Tyra-Lukens would like information from more than eight cities, specifically Burnsville and
Bloomington.
Case asked if the City is legally vulnerable if an application is submitted for a business
before a decision is made. Rosow stated yes, they would be allowed without zoning
requirements in place unless there was a moratorium on these uses. Case inquired if the
Council can pass a moratorium on these types of businesses for one year to allow for more
time to research. Rosow stated the rationale for the moratorium is to conduct a study to gain
more insight. Nelson noted she would like a study to know the effects it may or may not have
on surrounding businesses.
City Council Workshop Minutes
May 15, 2018
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II. COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT (6:00-6:30)
Chris Kopek and John Lorenzini, CliftonLarsonAllen Auditors, presented a brief overview of
the unmodified, clean opinion of the audit. There were no findings of weaknesses in the
internal controls, and the City complied with applicable Minnesota state statutes.
Lorenzini stated the City's revenues were less than one percent over budget, expenditures
were 0.2 percent over budget, and there was an $872,000 decrease in fund balance for 2017
due to debt paid off early. Finance Manager Kotchevar noted the City saved $340,000 in
interest for early pay off and about$24,000 in fees. The City will replenish the general fund.
Lorenzini stated in regards to fund balance, 50 percent of the following years budget in tax
revenue is to be maintained. There were no budgeted deficits for 2018. General fund
expenditures were up 3.4 percent in 2017 compared to 2016.
Lorenzini stated the water fund operating income was up about$1 million from 2016. The
wastewater fund operating income was up $590,000 from 2016. Cash flow was $165,000 in
2017. The stormwater fund operating income increased by $262,000, with a 12 percent rate
increase in 2017. Operating expenses were up about 68 percent due to two major sewer
repairs.
Kopek stated the liquor fund gross sales decreased by 1.8 percent,but it still remains
profitable with an increase in profits slightly under five percent from 2016. The City has been
consistently above the seven county metro in profits.
Kopek stated estimated market values have exceeded what they were prior to the 2008
recession. The City continues to have a lower tax rate than surrounding cities.
Lorenzini stated per capita revenues increased $99 from 2016, primarily due to
intergovernmental revenue. Intergovernmental revenue can fluctuate based on grants the City
receives. Overall the City has fewer per capita expenditures compared to cities of similar
size. The City continues to retain its Aaa bond rating.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
A. ROB ROZANSKI
Rob Rozanski, 19186 Poplar Circle, stated the odds are higher to die by car
accident than by a gun in school. The resolution attempts to strong arm people
doing legitimate business in the City and it infringes on citizens' rights.
B. PAUL LENTSCH
Paul Lentsch, 16700 Thatcher Road, stated statistics have shown a decline of
violent crime nationwide. Assault weapons operate in the same manner as other
guns. He urges the Council to not pass this resolution.
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May 15, 2018
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C. DAVID KANE
David Kane, 11185 Anderson Lakes Parkway, urges the Council to not support
this resolution. He stated the City of Eden Prairie does not have the authority to
enforce the resolution, and the age limit included in the resolution is
discrimination.
D. RONALD WHITMAN
Ronald Whitman, 6617 Harlan Drive, stated City Council cannot pass an
ordinance that supersedes state law. In his opinion, the definition used for an
assault-style weapon is skewed.
E. KEVIN VICK
Kevin Vick, 18832 East Lake Drive Chanhassen, stated the resolution restricts
citizens who can legally vote and asks businesses to go outside the law by not
selling guns to people ages 18 through 20. Death by assault rifles are less
common than by blunt force trauma with a knife.
III. ADJOURNMENT