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City Council - 11/19/1985 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 19, 1985 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attor- ney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. A. 1. Pidcock - Discussion on policy of membership in associations; 2. City anag�er��'s Review Document; X. A. Review of Board of 8gpeals action of November 14, 1985 re ar in nn's Bake ; X. H.Leaf Rec Tin whin tFie City; X. C. City Directory with taff an Commission Mem er s ehone numbers; an T. Q. Aperoved Minutes of the ar s-Recreation & Natural esources om- mi ss i on for Octo er 1985. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. Special City Council/Planning Council/Planning Commission Minutes from Meeting held Tuesday, December , 1984 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the Special City Council/Planning Commission Meeting held Tuesday, December 11, 1984, as published. Motion carried with Peterson and Pidcock abstaining. Bt Special City Council Meeting held Tuesday, August 13, 1985 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Special City Council Meeting held Tuesday, August 13, 1985, as published. Motion carried unanimously. City Council Minutes -2- November 19, 1985 III. CONSENT CALENDAR A. Clerk 's License List B. Approval of Lease Agreement between the City of Eden Prairie and n epen ent School District No. 272 for the School Aidministration Boardroom C. Modification of Kirsch Municipal Industrial Development Bond Document D. Change Order No. 1, Tanager Creek Improvements, I.C. 52-060 E. Change Order No. 1, Preserve Boulevard Improvements, I.C. 52-071 F. Cooperative agreement with Minnetonka, Mn/DOT and Hennepin County to construct and maintain signals at the r terminals of Imo- 9� C9AH 62 Crosstown Resolution No. 85-259) G. Final Plat a roval for Coachman's Landing Third Addition. Location: north of Village Woods Drive, west of Hiawatha Reso ution No. 85- 260) H. Final Plat approval for Datasery Business Center. Location: southeast corner of 78th Street and Prairie Center Drive Best. (Resolution No. 85-261) I. Final Plat Approval for Primeland 3rd Addition. Location: in City West Development, Hagen Systems. Resolution No. 85-262) J. 1st Reading of Ordinance No. 38-85, Revisions on the Unclaimed Property Ordinance. K. Revisions to the Park Use Ordinance L. 1986 Softball Field Improvements M. Approve plans and specifications for Technology Drive between Purgatory Creek and Prairie Center Drive and authorize bids to be received, I.C. D (Resolution No. MOTION: Anderson moved, seconded by Bentley, to approve items A - M on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. ALLSTATE DISTRICT CLAIMS OFFICE by Opus Corporation. Request for Zoning District Change from Rural to Office, and Preliminary Plat of 2.62 acres for the construction of an insurance claims office. Location: Highway 5 and Prairie Center Drive. (Ordinance No. 39-85 - zoning from Rural to Office and Resolution No. 85-256 - preliminary plat) _. _ City Council Minutes -3- November 19, 1985 City Manager Jullie stated notice of this Public Hearing had been published and property owners in the property vicinity had been notified. Bob Worthington, Executive Director of Governmental Affairs for Opus Corporation, addressed the request. Worthington also asked the Council if Opus could have an early grading permit; he noted this would be at their own risk since it would be prior to 2nd Reading, should 1st reading be given. k Planning Director Enger stated this request had been reviewed by the Planning Commission at its meeting on October 28, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report of October 25, 1985, and the plans dated October 25, 1985. Enger said that a variance has been requested regarding the parking; this issue needs to be resolved prior to 2nd Reading. Enger indicated Staff has suggested a separated parking area and would recommend a 5' median as the solution. There was no review of this request by the Parks, Recreation & Natural Resources Commission. Redpath asked if the bank to the west of the property would pose a problem. Enger said it would not. Worthington said there would not be a need for retaining walls either. C Peterson asked if there would be a pedestrian walkway on the Prairie Center Drive side of the proposal . Worthington stated they planned to install a sidewalk in front of the building. Bentley asked what the property owner, Walter Carpenter, had in mind for the outlot. Carpenter said he did not have any specific proposal in mind at this time; but he said he would like to see a night club or a good restaurant in that location. Bentley questionned how the parking issue might be resolved. Worthington explained how the matter was complicated because of the driveway to the south. Enger reviewed the various parking plans which had been looked at in connection with this request and possible solutions to the problem. Pidcock asked if any junk cars would be stored on the property. i Worthington explained the procedure used by Allstate in processing claims and noted this facility would be used by those cars which are able to be driven in to this-. location so that an estimate could be made; they would not be left here. Carpenter said he strongly supported Opus's plans. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. City Council Minutes -4- November 19, 1985 MOTION: Anderson moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 39-85, rezoning. Motion carried unanimously. ` MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 85-256, approving the preliminary plat of Allstate District Claims Office for Opus Corporation. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement per Commission and Staff recom- mendations and to direct Staff to work with the proponent on the resolution of the parking issue.. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to grant the proponent an early grading permit with the knowledge that was being done at the risk of the proponent. Motion carried unanimously. B. PARKWAY OFFICE/SERVI_CE CENTER by The Brauer Group, Inc. Request for a Comprehensive nsive Guide Plan Amendment from Medium Density Residential to Neighborhood Commercial on 3.67 acres, rezoning from Rural to Community Commercial on 2.75 acres, rezoning from Rural to Office on 0.92 acres, and preliminary plat of 3.67 acres into two lots. Location: northeast corner of Anderson Lakes Parkway and U.S. Highway No. 169/212. (Resolution No. 85-257 - Comprehensive guide Plan Amendment, Ordinance No. 40-85 - rezoning from Rural to Communit Commerical and to Office and Resolution No. 85-258 - preliminary plat City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Don Brauer, President of Brauer and Associates, represented the owners of the building and addressed the proposal. Planning Director Enger said this request had been reviewed by the Planning Commission at its meeting on October 28, 1985, at which time the Commission voted to recommend approval subject to the recommendations included in the Staff Report dated October 25, 1985. Director of Community Services Lambert noted this had been rciiewed by the Parks. Recreation b Natural Resources Commission at its meeting on November 4, 1985, at which time it voted to recommend approval subject to the recommendations included in the October 25. 1985, Planning Staff Report. Bentley asked it this had been reviewed by the Public Safety I Department; he expressed concern regarding the single entrance and the fact that there were gas pumps on the site. Brauer said safety factors were the reason for locating the gas pumps in the southwest corner of the property. Bentley asked how the location of the gas pumps affected the aesthetics of the proposal as well as the setback requirements. Enger said did not know how this would look; the I :a City Council Minutes -5- November 19, 1985 a Nsetback requirements were met. Brauer stated there are many locations in the metropolitan area where there is only one entrance/egress. Peterson noted the present MultiMedia building has a large area which is all wood; he wondered if the new structure would be built in a similar fashion. Brauer stated the new building would be of brick and glass with the end sections having some wood. Redpath questionned the interior circulation. Brauer explained the circulation pattern and said it would work best due to the location of the gas pumps; he also explained how this might be changed should the location of the gas pumps be changed. Enger asked about the location of the gas tankers while servicing the facility. Brauer said they will be on the south side and stated they service the facility at off- peak hours. Bentley asked if the gas pumps were critical to this project. Brauer said he did not know for sure whether or not this was a critical point; they did not have a specific operator in mind for this at this time. Bentley expressed concern over the safety factors; he stated he would feel much more comfortable with the project if there were no gas pumps there. Pidcock asked how often a tanker truck would have to service the facility. Brauer said about twice a week and this would depend on volume of sales. Redpath asked if this could be dealt with in two parts. City Attorney Pauly suggested the Public Hearing be continued should the matter be separated. Bentley asked if the Council could divide the rezoning into two parts. Pauly said that could be done and action could be taken on only that portion which is designated to be office. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-257, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 40-85, rezoning from Rural to Office for 0.92 acres. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 85-258, approving the preliminary plat of Parkway Office/Service Center for The Brauer Group, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to continue the Public Hearing on consideration of the rezoning from Rural to Community Cotmercial on 2.75 acres to December 3, 1985. Motion carried unanimously. Brauer stated he would like the Council 's permission to begin grading on the site. 7 n, , City Council Minutes -6- November 19, 1985 MOTION: Anderson moved, seconded by Pidcock, to grant a grading iP permit for the 0.92 acres prior to 2nd Reading of the Ordinance with the knowledge of the proponent that this is done at the proponent's risk . Motion carried unanimously. C. EASEMENT VACATION BRYANT LAKE OFFICE TECH CENTER (Resolution No. 85- 269) City Manager Jullie said notice of this Public Hearing had been published. Director of Public Works Dietz stated this was a housekeeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-263, vacating of drainage and utility easements on Outlot A, Bryant Lake Office Tech Center. Motion carried unanimously. D. STREET NAME CHANGE - CONSIDER RENAMING WEST 66TH STREET TO TANAGER LANE (CAST OF MANCH T R LANE - Ordinance No. 41-85 City Manager Jullie said notice of this Public Hearing had been published and sent to six residents in the vicinity who would be affected as well as to utility companies. Director of Public Works Dietz addressed the reason for the change. Anderson noted that the issue of continuity of street numbers had not been raised as an issue. Lewis Kinne, 6617 Manchester Lane, stated he lives on the corner of West 66th Street and Manchester Lane. He said that people who are "lost" have been able to orient themselves when told they are on 66th Street. Redpath noted there are many situations in the metropolitan area where street names are mixed (there are both named and numbered streets.) MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 41-85, renaming West 66th Street east of Manchester Lane j to Tanager Lane. Motion carried unanimously. f E. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $4 235 000 FOR 'PRESERVE LAC Resolution No. - c City Manager Jullie stated notice of this Public Hearing had been published and noted Finance Director Frane's memorandum of November 14, 1985 in which this issue was addressed. City Council Minutes -7- November 19, 1985 1. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt. Resolution No. 85-265 as revised, giving preliminary approval to a multifamily housing development revenue bond project under Minnesota Statutes, Chapter 462C. Motion carried unanimously. r F. RE VEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $7 865 000 FOR EDEN IN Resolution No. 85-266) City Manager Jullie said notice of this Public Hearing had been published and noted Finance Director Frane's memorandum of November 14, 1985, in which this matter was addressed. There were no comments from the audience. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 85-266, relating to the issuance of revenue bonds or notes pursuant to Minnesota Statutes, Chapter 462C, for the purpose of financing a multifamily housing development; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval . Motion carried unanimously. G. RE VEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $64 000 000 FOR CSM Resolution No. 85-267) City Manager Jullie indicated notice of this Public Hearing had been published. Jullie noted the proponent is seeking housing revenue bonds for a property which has not been zoned for this type of development. He said the Council , if it should choose to adopt this resolution, should modify the Resolution to be effective only after the City Attorney has approved a written understanding that the proponent or other interested parties will not take action against the City if it does not grant the necessary zoning approvals. Finance Director Frane explained the situation the City is being put in is similar to what happened last year --everyone is attempting to get financing in place before the end of the year when the tax laws are scheduled to change. Planning Director Enger said the Planning Staff has met with the proponent; the density of this proposal, is 40 units per acre with the buildings being 3 - 10 stories in height. He said the Planning Staff is not sure that 800 units are proper for this site. Enger noted that the City is giving some incentive to the developer by passing the inducement resolution. Gary Holmes, President, CSM Corporation, said they do not view passage of the resolution as an inducement. 77 City Council Minutes -8- November 19, 1985 Anderson asked if there would be any legal entanglements if this were adopted. City Attorney Pauly said it would be with the condition that ultimate approval would be based on obtaining proper zoning. He asked if the proponent was willing to accept those conditions. Steven Schumeister, attorney for the developer, stated he had spoken with Rick Rosow of the City Attorney's Office, and they realize they must be in proper compliance with City procedures. Frane asked if the proponent understood he was at risk and that the City might not grant the zoning necessary for the request. Schumeister said that was correct. Bentley asked what kind of obligation was being placed on the City by commiting to a certain dollar amount. Frane explained it becomes a question of mechanics. Tom Maple, Miller & Schroeder, said there was one significant change which becomes effective on January 1, 1986. That involves the 20% set aside and involves the family income by number. Maple said there are further modifications under consider- ation by various committees in Washington, D.C. at this time which will have further effects on the housing revenue bond programs. These could severely limit what has gone on during the past several years. Maple explained that the Minnesota Housing Finance Agency must have 30 days to review applications such as this; that is one of the reasons for the "rush". The review must be completed prior to final resolutions being adopted by the cities. Redpath asked what would happen if not all of the $64,000,000 in revenue bonds was not needed. Maple said they would go to market and sell the securities subject to the credit enhancement required by the City of Eden Prairie; only that amount would be sold and the remainder would be redeemed. Bentley said he had a different understanding as to what was going to happen. He thought the preliminary inducement would only set aside an option for a potential future bond issue in the event that proper zoning, etc. was received. John Larson, bond counsel with Holmes and Graven, explained the ramifications of what is proposed. He noted the bonds would be sold before the end of the year; the bond proceeds would be escrowed subject to completion of all of the City reviews necessary to begin the project. Pidcock asked who would purchase the bonds. Larson said they would be sold to an institution which would then hold them as a short-term investment. He explained the bonds would be subject to a call if the project does not go forward. Bentley said he felt the purpose of these bonds was to help finance projects which had validity. He said he did not think these bonds should be used for speculative cash investment and he did not feel it was the intent of the law that they be used in this manner. Larson said that concern was shared by bond counsel . Larson said that there must be a reasonable expectation that the project will be built and that had been determined to be so by bond counsel. Frane explained a i City Council Minutes -9 November 19, 1985 �r similar type situation had occurred before with another project. The proponents in that case were told they would have to go to the Federal Reserve and purchase "slugs" which is a type of security which pays the same interest rate as the bonds so there is no arbitrage. Paul Ekholm, Miller & Schroeder, said the costs (such as architects contracts, engineering contracts, planning reviews, bond commissions etc. ) of the project can be "charged" to the bonds and may or may not come out of the arbitrage earnings; it depends on how long the bonds are in escrow. Bentley said he had concerns about the process used; he noted he has always had a problem with bonds which are based on actions not yet taken. Bentley also expressed concern that this supports an inducement to build 400 units; he said he felt the Council had to take into account what had been said by Staff. Pidcock concurred. Redpath said he would feel more comfortable had the proponent come in with a proposal to build 250 units. Redpath said he could understand the problem with not knowing what action was going to be taken by Congress. Peterson said he could support this with the understanding that the City is not obligated to look at 800 units and with the condition that there be no arbitrage. He noted that the City stands to loose nothing and the proponent is taking a big risk. MOTION Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-267, relating to the issuance of Revenue Bonds pursuant to Minnesota Statutes, Chapter 462C, for the �... purpose of financing a multifamily housing development; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval ; with the understanding this resolution would only be effective after review by the City Attorney and with the inclusion of the necessary riders and conditions as outlined by the Council this evening. Motion carried with Bentley and Pidcock voting "no." H. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $10,080,000 FOR R.D. INVESTMENTS (Resolution No. City Manager Jullie said notice of this Public Hearing had been published. Jullie noted this property is zoned properly for this type of development. David Carland, Vice President of H.D. Investments, stated they have a purchase order for this property. Planning Director Enger said this property has been zoned for about 15 years, and according to the City Attorney, conditions of approval can be placed upon the proposal. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 85-268, relating to the issuance of Revenue Bonds pursuant to Minnesota Statutes, Chapter 462C, for the C ^. } City Council Minutes -10- November 19, 1985 purpose of financing a multifamily housing development; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval ; and with the provision that there be renewed site review by the Planning Commission in the form of a site plan review. City Attorney Pauly asked the proponents if they were agreeable to the site plan review provision of the motion. Carland said they would agree to that. Pauly pointed out that there are not provisions in the City Code which would require this, but the City would like to be assurred that this proposal would go through the process. Carland said they were agreeable to that. Bentley said he had similar concerns with this proposal as he did with item "G" on the Agenda and he intended to vote "no" on this. VOTE ON THE MOTION: Motion carried with Bentley voting "no." 1. REQUEST FOR HOUSING REVENUE BONDS IN THE AMOUNT OF $10 000 000 FOR CHIMO CARDINAL CREEK) (Resolution No. 95-299) City Manager Jullie said notice of this Public Hearing had been published and that the property currently has PUD Concept approval but not zoning approval . Craig Kallenberger, Chimo Development, addressed the proposal . Bentley noted the Council had had a considerable amount of review on this proposal . He questionned the equity position of the applicant. Finance Director Frane said he was comfortable with it. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 85-269, relating to the issuance of Revenue Bonds pursuant to Minnesota Statutes, Chapter 462C, for the purpose of financing a multifamily housing development; adopting a multifamily housing program; and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval; and with the condition that approval of this Resolution does not imply any consent or approvals whatsoever with respect to any subsequent rezoning or development activities related to this project. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 23719 - 24016 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 23719 - 24016. Roll call vote: Anderson, Bentley, Pidock, Redpath, and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS ( There were none. 1. City Council Minutes -11- November 19, 1985 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. LION'S TAP - Review of excessive fill (beyond permit approval) , from Lion's T—ap grading operation deposited on Sever Peterson's land. Location: northeast corner of U.S. No. 169 and County Road 4. City Manager Jullie indicated Staff would review the history of this situation and then the developers would be given time to state their case. Zoning Administrator Jean Johnson reviewed what had taken place regarding the permit which had been issued by the City. Johnson gave a slide presentation which showed the encroachment. Johnson stated the Planning Commission had reviewed the fill request at its meetings on August 26, September 9, October 7, and October 28, 1985. At the October 28 meeting the Commisison recommended that the Council approve the request for fill subject to the recommendations of the Minnesota Department of Natural Resources, the conditions of a proposed landhold agreement, and the condition that fencing or some other barrier be located at the right-of-way line of the property along County Road 4 so to prevent parking on the fill area by patrons of the restaurant to the west. It was also noted that the Parks, Recreation & Natural Resourc�cs Commission had reviewed this item at its meetings on September 16 and November 4, 1985. The Commission voted to recommend approval of the fill request with the condition that the fence be installed to eliminate safety hazards and parking on the. site. Bentley asked Sever Peterson, proponent, if fie agreed with the recommendations of the Planning Commission. Peterson said he would agree to the fence and would like to keep the Rural zoning. Mayor Peterson asked how the filling in of this area would affect the realignment of County Road 4. Director of Public Works Dietz said the County has decided it would not be of general benefit to realign that intersection; the County does not see any purpose in it if it has to pick up the cost of the project. Bentley asked if there was an agreement between City Staff and the proponent as to what should be done. Planning Director Enger said the Planning Commission is requesting more restrictions on the property than the Code allows in a Rural zoning district. The Planning Commission suggested that these restrictions be put in place. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this and decided the fill should remain with the only restriction being that a fence be constructed. Sever Peterson said he would like to have the area zoned Rural . He said he did not want to park there but wanted to retain the ability to park something there on a short-term basis; he would like to turn this into pasture. He stated that most of the restrictions are covered in the zoning ordinance. C City Council Minutes -12- November 19, 1985 Anderson asked what City ordinances had been violated by this fill . Johnson said the Shoreland Code, Land Alteration Code, and the Floodplain Code. Anderson asked if any tags had been issued. Johnson said no tags had been issued, but the landowner had been notified of the violations. Anderson said the Council should take a good 'look at what has happened in this area: the bluffs were disturbed and the floodplain has been filled. He said he did not think the Council would have voted to approve the expansion of the Lion's Tap had it known this was going to be the result. Anderson said he was very concerned by this and the fact that no tags had been issued. He expressed great concern about the fact that this had been allowed to happen as the result of an expansion which had to be approved by the City. Mayor Peterson said he concurred the process had been transgressed; but the City has no punitive or legal recourse. City Attorney Pauly said the City has the option of citing the proponent for a misdemeanor of the Code; a court injunction; or the process which is before the Council presently. Anderson said he felt this was a blatant disregard for the City's Ordinances. Bert Noterman, owner of the Lion's Tap, said he took offense with Anderson' s statements. Noterman said he felt the bluff is twice as nice now as it was prior to the expansion. Noternan said his engineer had gone before the Watershed District and did not realize he should have come before the City to have the plans revised regarding the fill . ( Pidcock asked when Peterson was aware of the fact that the property ` had been filled beyond what it should have been. Johnson said the fill was put in place in December of 1984 and had been in place for two or three days when the City became aware of the situation; authorization from the Watershed District came "after the fact'% Sever Peterson said he acknowledges the fact that he did not come before the City to request its approval ; he said he has been told by the Watershed District that, with or without its approval, he was not in violation of any of their restrictions. Bentley said he felt there were two issues before the Council : 1) leave the fill or remove the fill ; the Planning Commission's recommendation does not mention anything about the zoning; and 2) the question of whether or not citations were issued or should be issued; these questions must be raised with Staff. Anderson suggested perhaps the proponent should be given two or three years to remove the dirt; he would like to see the dirt removed, but had no problem with when. Mayor Peterson asked if Sever Peterson had requested a year and a half ago to fill this area and had demonstrated it would make good pasture, would the Council have been forced to agree if the Watershed District had stated there would be no adverse impact on the area. City Attorney Pauly said that is the issue which the Council has to decide now. Pauly said that if the applicant complies with the various standards which were shown in the Code and if no harm is demonstrated C regarding the Code provisions then there is no reasonable means to T City Council Minutes -13- November 19, 1985 deny the permit. Pauly said the Shoreland, Floodplain, and Land Alteration portions of the Code are designed to protect against migration of soils, erosion, aesthetics, etc. The City would have to demonstrate that one or more of those conditions existed and was not mitigated by the proponent. Pauly stated the violation which occurred was really filling without the necessary permit. Bentley asked if the City could have justifiably withheld the permit. Pauly said it would have been hard to do. Pidcock asked if Sever Peterson's position could be upheld in court. Pauly said in order to not grant a permit the City must show some harm and that must consist of the fill encroaching on the floodplain, siltation, erosion, etc. Pauly said the other agencies had already looked at those issues and did not feel it was a significant encroachment. The City would have to prove to those other agencies that their approvals were incorrect. Mayor Peterson said he could not find a good reason to request Sever Peterson to remove the fill . MOTION: Redpath moved, seconded by Pidcock, moved to allow the fill to remain on the site with a land agreement to be executed between the proponent and the City stating the land is to be used only for crops and with no storage on the site for more than two weeks; there is to be no parking on the site; and a fence is to be installed per recommendation of the Planning Commission. Motion carried with Anderson voting "no." Anderson said he hoped the Council would act with consistency when a situation like this occurs again. VIII . REPORTS OF ADVISORY COMMISSIONS There were none. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Pidcock - Discussion on policy of membership in associations: Pidcock said she would a to see a policy whereby the dues of no more than two department heads were paid by the City for membership in any one organization. Redpath said when action was taken by the City Council to pay for dues to various organizations, this was expressly done to get the department heads out into the community. Redpath said he felt that any service organization is of great benefit to the City; the department heads input is invaluable both to the organization and to the City. He did not feel department heads should be assigned an organization; this should be left up to the individuals. Anderson asked if tax monies should be used to pay for memberships which were exclusive. City Council Minutes -14•• November 19, 1985 Pidcock said she believes strongly in service clubs but her point was that she did not think the City should be paying for five memberships in one organization. Peterson said the City is presently paying for two memberships in one organization. He noted this decision had been made by a previous Council and must have been done with deliberation. Peterson said this might be more of a budget issue and that might be a more appropriate time for this type of discussion. Anderson again expressed concern about the use of public funds for clubs and organizations which exclude others because of gender. Peterson said he felt this was an ethical question and an important one. He suggested the Human Rights and Services Commission might be the proper place to study this. Bentley asked if this might be referred to the City Attorney for his review. City Attorney Pauly said there might be two questions: a legal one and another dealing with policy. MOTION: Redpath moved, seconded by Anderson, to refer the policy question to the Human Rights b Services Commission with the Commission to come back to the City Council with its report by April 1, 1986. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to refer the issue as to the number of memberships paid for by the City to City Manager Jullie with a report back to the Council during the first part of the year (sometime in January) . Motion carried unanimously. 2. City Manager' s Review Document: Peterson asked all Council mem- bers to forward to him any and-a and-31T suggestions and revisions to the Review Document. B. Report of City Manager City Manager Jullie stated the proposed Resolution No. 85-270 would put a cap on the interest accruing on deferred assessments for the Carmel Addition and Eden Road projects. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 85-270, revision to final assessment roll as revised by the City Attorney. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to set 6:30 p.m., Tuesday, December 10, 1985, as the date and time of a Special Meeting of the City Council at which time the Opt-Out Transit Study and City Hall Referendum will be discussed. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly stated the Council will meet in a closed session following the meeting to discuss litigation pending against the City. f i I I City Council Minutes -15s November 19, 1985 ~ D. Report of Director of Community Services 1. Round Lake Treatment Program Director of Community Services Lambert addressed his memorandum of October 9, 1985, in which this program was discussed. Anderson said he would like to ask the Watershed District to contribute 50% of the cost of this project. MOTION: Anderson moved, seconded by Bentley, to authorize the expenditure of no more than $4,500 per year for 1986 and 1987 to conduct a monitoring program for Round Lake and to request the Watershed District to contribute 50% of the cost. Motion carried unanimously. X. NEW BUSINESS A. Review of Board of Appeals action of November 14 1985 regarding McGlynn's lakeU Anderson noted that McGlynn's Bakeries had originally been before the City Council and had asked for a building with a mansard roof and now wants to go through the variance process to eliminate that style roof. { MOTION: Anderson moved, seconded by Bentley, to place review of the Board of Appeals action of November 14, 1985, regarding McGlynn's Bakery on the City Council Agenda for the December 17, 1985, City Council Meeting. Motion carried unanimously. B. Leaf Recycling within the City Anderson said there has been a problem this Fall with garbage haulers not willing to pick up leaves largely due to the raise in tipping fees at the Landfill . He suggested perhaps the City might get involved in some way since there is a leaf recycling facility within the City. Bentley said this could be referred to the Recycling Committee. MOTION: Bentley moved, seconded by Anderson, to refer this matter to the Recycling Advisory Committee. Assistant to the City Manager Dawson said the Recycling Advisory i Committee has decided it has completed its charge and it does not want to meet any more. Anderson said he felt the Council should appoint another Committee. The motion was withdrawn by Bentley with the consent of Anderson. MOTION: Bentley moved, seconded by Anderson, to refer this matter to Staff and to have Staff report back to the Council at the next regular meeting of the Council . Motion carried unanimously. r x - City Council Minutes -16- November 19, 1985 C. City Director with Staff and Commission Member' s Phone Numbers MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a City Staff Directory listing the home phone numbers of Staff and Commission members. Motion carried unanimously. D. &proved Minutes of the Parks Recreation & Natural Resources Commission for October ,, Pidcock said in reading the Minutes of the October 21, 198 , meeting of the Parks, Recreation & Natural Resources Commission she was surprised to read the City Council did not support an underpass on Baker Road. She said she did not have knowledge that the City Council had given any direction regarding this matter. Director of Community Services Lambert said he was not at the Council Meeting when that was discussed. Lambert said the Commission would support the underpass. The consensus was that care should be taken in reporting to the Commissions the actions of the Council. XI. ADJOURNMENT The meeting was adjourned to a closed session at which time pending _ litigation was discussed.