City Council - 01/21/1986 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, JANUARY 21, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and Paul
Redpath
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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: Councilmember Anderson arrived at 7:55 p.m.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ti
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MOTION: Bentley moved, seconded by Redpath, to add the Parkview Treatment
Center Request to the Agenda. Motion failed with Pidcock, Redpath, and
Peterson voting "no".
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and
Other Items of Business as published. Motion carried unanimously.
II . MINUTES
A. Regular City Council Meeting held Tuesdays September 17, 1985
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MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of
the regular City Council Meeting held Tuesday, September 17, 1985, as
published. Motion carried unanimously.
B. Joint Citz Council /Historical b Cultural Commission Meeting held
ues October
140TION: Bentley moved, seconded by Pidcock, to approve the Minutes of
the Joint City Council/Historical & CultLral Commission Meeting held
Tuesday, October 1, 1985, as published. Motion carried unanimously.
C. Regular City Council Meeting held Tuesday, December 17, 1985
MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of
the regular City Council Meeting held Tuesday, December 17, 1985, as
( published. Motion carried unanimously.
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City Council Minutes -2- January 21 , 1986
III. CONSENT CALENDAR
A. Clerk 's License List
B. Final Plat approval for City West Business Center (Resolution No. 86-
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C. Receive Petition for Valley View Road Improvements from Golden
rT iaangl Drive westerl•_ xi ma 400 feet orizeTie ?
Preparationn oT a'Peas bi1it Report, adjacent fo Edenwoo s business
Center tei ner Djve o ment .C—52=08 esol uTi on No.- 96-1-Ty �
0. Change Order No. 3, Anderson Lakes Parkway, T.C. 52-035
E. Request from Computer Depot
F. Reschedule Joint Meeting of City Council/Planning Commission from
February7 to Pri 1--r-T 6 — ur
MOTION: Bentley moved, seconded by Pidcock , to adopt items A - F on
the Consent Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS l
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A. FLYING CLOUD OFFICE BUILDING by Oakwood Builders. Request for Zoning
District Change from Rural I-w Park on 2.29 acres for construction
of a 10,000 square foot office/warehouse. Location: south of Pioneer
Trail , east of Highway #169. (Ordinance No. 1-86 - rezoning from
Rural to I-2 Park ) continued from 1-7-86
City Manager Jullie noted this request was continued from the January
7th Meeting of the City Council.
Planning Director Enger summarized the meetings which had been held
with the proponent since the January 7th Council meeting. Enger
stated he had talked with Glenn Nybeck, Schaitberger's attorney,
regarding the meaning of "interim use". Enger said he had discussed
with Jack Haverly, one of the proponents, the possibility of building
Phase II of the project first; this was proven to not be feasible due
to the cost of the utilities . Enger said he did not feel any headway
had been made in the discussions with the two parties involved.
Harold Schaitberger, 12880 Pioneer Trail, said he has contested this
zoning for a long time. He asked that his letter to the City Council
be made a part of the Minutes (see attached).
COUNCIL14EMBER ANDERSON ARRIVED AT 7:55 P.M.
City Attorney Pauly stated there is nothing to dictate that zoning
should not follow the Comprehensive Guide Plan.
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City Council Minutes -3- January 21, 1986
Bentley said he believed the proposal was an appropriate use of the
site; he questionned the lighting.
Enger stated that Staff and the Planning Commission had concerns
regarding the screening of the loading areas. Enger said a plan had
been submitted which was acceptable. The proponent will be required
to bond for the landscaping, there will be no roof-top mechanical
structures allowed or it would be screened according to the Ordinance,
and lighting details would have to be submitted for review with down-
lighting being a requirement.
Redpath reviewed the uses in the area and said he wished the City had
control over what was there. He said he could support the requested
use.
Kevin Fitzgerald, attorney for Gunnarson (property owner), said all
procedural requirements of the City had been followed and adhered to
by the proponent and the needs of the adjoining landowners have been
attempted to be met. Fitzgerald stated the use intended is in accord
with the uses in the neighborhood and with Guide Plan. He noted that
the diminution of value could also be claimed by the property owner
and developer. Fitzgerald pointed out that the use will result in an
increase in the City 's tax base.
Bruce Haverly, Oakwood Builders, said there would be three or four
{ businesses in the building and they would be owner occupied.
Jeff Worth, 9510 Yorkshire, said he would like to see the setback of
the proposed building further back.
Russ Michael , Yorkshire Lane, said he would like to see residential
use in this area.
MOTION: Pidcock moved, seconded by Bentley, to close the Public
Hearing and to give 1st Reading to Ordinance No. 1-86. Motion carried
unanimously.
MOTION: Pidcock moved, seconded by Redpath, to direct Staff to
prepare a Developer's Agreement per Commission and Staff recom-
mendations with specific consideration being given to the plantings on
the berm. Motion carried unanimously.
Schaitberger indicated he would not like to have a berm along his
property line.
V. PAYMENT Of CLAIMS NOS. 24878 - 25144
MOTION: Bentley moved, seconded by Redpath, to approve the Payment of
Claims Nos. 24878 - 25144. Roll call vote: Anderson, Bentley, Pidcock,
Redpath, and Peterson voted "aye". Motion carried unanimously.
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City Council Minutes -4- January 21, 1986
VI. APPOINTMENTS
A. SuuLii Hennepin Human Services Council - Appointment of Council Repre-
sentative and City Staff Representa ive - continued from January 7,
1986.
MOTION: Bentley moved, seconded by Pidcock, to appoint Councilmember
Redpath as the Council Representative and Jan Flynn Calh oon, Human
Rights and Services Coordinator, as the City Staff Representative to
the South Hennepin Human Services Council . Motion carried unani -
mously.
B. Architectural Advisory Committee Appointment of members to the
Architectural Avlsory Conwnittee - continued from .Ianuary 7, 1986
f10TION: Bentley moved, seconded by Anderson, to appoint the following
to the City Hall Architectural Advisory Committee: Pat Breitenstein,
Gene Haberman, Steve Hoyt, Elizabeth Kelly, Jerry LaBarre, Mona
Leppla, Dennis Marhula, Jack Provo, and Ed Schuck. Motion carried
unanimously.
VII . PETITIONS, REQUESTS & COWUNICATIONS
A. Request from KellX R. Sharkey to discuss Cit 's Housin Code - con-
tinued from November 5, 1985
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City Manager Jullie referred to his memorandum of January 17, 1986,
which summarized Staff recommendations regarding adoption and
enforcement of a Housing Code for rental properties in the City.
Redpath expressed concern about the process of notification.
Anderson said he would like to have this go through Staff and then to
the Human Rights and Services Commission for its review. Peterson
asked how long it would take for the Human Rights and Services
Commission to review this. Jan Calhoon, Human Rights and Services
Coordinator, said this could be back to the Council by its second
meeting in March if it was ready for review by the Commission at its
meeting in March.
Redpath asked if Staff had looked at Minneapolis 's Truth in Housing
Code. Jullie said St. Louis Park has a Certificate of Occupancy which
is necessary before a home can be sold. Jullie pointed out that the
housing stock in Eden Prairie is fairly new and there should not be
the problems found with older housing units.
Pidcock noted the cost of having the home inspected is up to the
individual property owner; the inspections are done by independent
contractors and the average cost in Minneapolis is $75 - $125 for
ff this. Anderson said these costs could be included in the review to be
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City Council Minutes -5- January 21, 1986
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done by Staff and the Commission. Peterson suggested Staff and the
Commission review the Uniform Building Code first. He said he thought
$15 seemed too low and that $45 or $50 would be better. Anderson said
he did not want this to be a financial burden on the City. Bentley
said he could see some problems with this. Peterson said he would
like to have these all looked at during the review process.
NOTION: Anderson moved, seconded by Pidcock, to recommend Staff and
the Human Rights & Services Commission study the Uniform Housing Code,
tak i ng into consideration the concerns and comments made by
Councilmembers this evening, and to have this come back to the City
Council for further consideration at its second meeting in March.
Motion carried unanimously.
B. REUTER, VIC. by Welsh Companies, Inc. Request for Site Plan Review on
10.663 acres for site grading within the designated flood plain and
shoreland area of Kline bile Creek . Location: east of Indian Chief
Road, south of County Road i67 , and northwest of the Chicago,
Milwaukee, St. Paul and Pacific Railroad.
City Manager Jullie stated notice of the Council 's consideration of
this item was sent to owners of surrounding properties.
Planning Director Enger reviewed the request.
Don Brauer, representing the proponent, addressed the proposal.
Brauer stated the plant will process solid waste; this plant will
require 14 approval before it can be constructed.
Enger said the Planning Commission had reviewed this request at its '
meeting on January 14, 1986, at which time it voted to recommend
approval subject to the recommendations included in the Staff Report
dated January 10, 1986.
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Director of Community Services lambert stated this request had been
reviewed by the Parks, Recreation & Natural Resources Commission at
its meeting on February 3, 1986, at which it voted to recommend
approval .
Anderson asked if there were any plants in the region similar to this.
Brauer said there has been a similar plant in Acmes, Iowa, for 15 years
and another in Thief River Falls has been in operation for about two
years.
Anderson asked if any odors were emitted from the plant; he expressed
concern about the prevailing winds especially since the plant would be
in the northwest portion of the City. Brauer said the building would
be completely enclosed and a negative-airflow system would be used.
Bentley asked about the encroachment into the floodplain. Brauer said
they would be restoring the condition which was there.
City Council Minutes -6- January 21, 1986
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Bentley expressed concern about the fact there was only one entrance
shown to the facility. Enger said it appears one entrance will work
although it will be busy. Bentley said he was concerned about an
emergency access. He stated he would like to see a plan prior to 2nd
Reading of the Ordinance which would show how the proponents would
deal with any hazardous wastes which they might come upon. Brauer
said the PCA permit deals directly with the issue of hazardous waste.
Bentley asked that consideration be given to widening the main access
to the facility. Brauer said that was a good suggesticn.
MOTION: Pidcock moved, seconded by Anderson, to recommend approval of
the site plan and the grading plan as submitted by Reuter subject to {
the conditions and recommendations included in the Staff Report dated
January 10. 1986, and the subsequent approval and conditions by the
Parks, Recreation & Natural Resources Commission. Motion carried
unanimously.
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VIII . REPORTS OF ADVISORY COMMISSIONS
There were no reports . 1
IX. REPORTS OF OFFICERS, BOARDS AND COWISSIONS
A. Reports of Council Ilembers
.. 1. PolicX on City E to ee Memberships in C(xmvinity Service Clubs
(continued from
City Manager Jullie recommended the City continue with the same
policy it has been using whereby the dues of no more than two
Staff members will be paid by the City to any one one service club
(Rotary, Jaycees, Lions, and the Chamber of Commerce) . Jullie
said if any of these clubs is found to discriminate then the this
policity would be reconsidered.
Pidcock asked if anyone could apply for membership in Rotary or
must a person be invited to join. Peterson said membership was by
invitation only. Redpath said membership is by invitation only so
there can be a broad representation in the type of jobs and
professions included in the membership.
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Bentley said he would propose two changes: membership should not
be limited to only the clubs listed by Jullie but should include
"and any other service club% and the City Council should not have
the authority to determine whether or not, a club is disciminatory.
Jan Calhoon, Human Rights and Services Coordinator, stated the
Human Rights and Services Commission had reviewed this issue and
had moved to recommend that "no public monies be used to provide
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City Council Minutes -7- January 21, 1986
City or individual memberships to organizations which have
discriminatory membership practices". Anderson said he would have
to go along with the recommendation of the Human Rights and
Services Commission ; he believed that Rotary and Lions are
discriminatory. Redpath said he liked to have Eden Prairie Staff
represented in service clubs; he thought it was beneficial to the
City as well as the clubs.
Bentley said the question was how does the Council deal with this
as a matter of policy. If there are discriminatory practices, who
makes the decision or determination. Anderson said he thought
that was up to the City Council to decide. Redpath said he
thought the City Attorney could determine this. City Attorney
Pauly said the Council makes many judgments of policy. He stated
that some times the Council acts based on specific court cases and
other times it acts based on its own knowledge. Anderson said he
believed the question was whether Eden Prairie tax monies should
be spent on organizations which are thought to discriminate.
Peterson asked if the determination as to whether or not a club
was discriminatory would be left to the judgment of City Manager
Jullie. Redpath said he would still encourage Staff to be
included in the organizations with which they are presently
associated. Pidcock said she thought it was very good to have j
City Manager Jullie belong to Rotary; however, she was under the
impression that the dues of five staff members were being paid
which she later discovered was erroneous.
Peterson said the question comes down to whether or not this is a
proper expenditure of public funds.
MOTION: Bentley moved, seconded by Redpath , to approve the
recommendation of City. Manager Jullie regarding the policy on
City Employee Memberships in Community Service Clubs as outlined
in Ju l l i e's memorandum dated January 3, 1986.
Peterson said he would vote against the motion because he believed
the Human Rights and Services Commission had come up with a
legitimate recommendation.
VOTE ON THE MOTION: The motion failed with Anderson, Pidcock and
Peterson voting "no".
Bentley said the Council should request the Human Rights and
Services Commission establish a policy on professional organi -
zations.
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City Council Minutes •8 January 21. 1986
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MOTION: Anderson moved, seconded by Pidcock, to adopt the
recommendation of the Human Rights and Services Commission which
was that no public monies be used to provide City or individual
memberships to organizations which have discriminatory membership
practices . Motion carried with Redpath voting "no".
2. Set date(s ) to interview candidates for City Boards/Commissions
MOTION: Anderson moved, seconded by Pidcock. to set a Special
Meeting of the C i ty Council for 6 p.m. , Monday, February 10, 1986,
in the School Administration Building, at which time cadidates for
City Boards/Commissions will be interviewd. Motion carried
unanimously.
3. City Manager Evaluation (Continued from 1-7-86)
Peterson asked that each Councilmember turn in his/her forms to
him as soon as possible.
B. Report of City Manager
1. Recommendation on Personnel Director
City Manager Jullie referred to his memorandum dated January 16,
1986, in which this issue was addressed.
Peterson said it cannot oe assumed that the City will contipie to
do things as it has been. Bentley said he did not thir.K the
present Staff had time to devote to personnel matters.
Peterson said he did not think it was wise to hire sow.-one to do
both the personnel and human services coordinator jobs when the �
position has not been evaluated. He said he believed the City was
asking for trouble if the jobs were combined. Redpath said it
should be assumed that the person hired would spend most of his or
her time writing personnel policies ; the position could be
expanded with additional duties added when it was found necessary
to do so. Pidcock said she would like to see someone hired who
would just deal with personnel issues. She suggested a management
consultant be consulted. Anderson said he would like to have a
consultant come in and tell the City what is needs. Redpath said
there is a pressing need for a personnel director. Peterson said
he would not like to see someone hired and then have the job
description changed in another year. Bentley said it was not the
job of the City Council to write job descriptions.
110TION: Bentley moved, seconded by Redpath, to approve the
recommendations of City Manager Jullie on the Personnel Director
(, position as outlined in his memorandum of January 16, 1986.
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City Council Minutes -9- January 21. 1986
Bentley said he could see the need for a Human Rights and Services
Coordinator. Jan Calhoon, Human Rights and Services Coordinator,
said that issue was addressed in a memorandum to the City Council
which was in the packet. Jullie said it was important for a
department head to work with a commission and the intention was to
have the Personnel Director be the liaison to the Human Rights and
Services Commission. Jullie noted that most department heads do
have the responsibility for a commission. Pidcock said she had a
problem with the Personnel Director reporting to the Director of
Community Services. Jullie stated the position would be Assistant
to the City ManagerfPersonnel ; there would then be two assistant
to the city manager positions. Anderson said he believed it was
the City Manager 's perogative to staff the City as he saw fit.
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VOTE ON THE 140TION: Motion carried unanimously.
2. 1986 City Budget Modifications
City Manager Jullie called attention to his memorandum of January
17, 1986, in which this matter was addressed.
MOTION: Bentley moved, seconded by Redpath, to approve the 1986
City Budget Modifications as outlined in City Manager Jullie's
memorandum dated January 17, 1986. Roll call vote: Anderson,
Bentley, Pidcock, Redpath, and Peterson voted "aye". Motion
carried unanimously.
C. Report of City Attorney
City Attorney Pauly asked to meet with the Council in a closed session
following the meeting regarding developments in litigation.
D. Report of Director of Community Services
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1. Miller Park Revised Concept Plan
Director of Community Services Lambert addressed his memorandum
dated January 16, 1986, regarding the Miller Park Revised Concept
Plan.
Anderson asked if this plan would meet the needs of the City. He
questionned the proximity of this park to Round lake Park.
Lambert said the facilities at Miller Park will serve the entire
community. Anderson expressed concern about access to the park
from the south. Bentley said he thought the revised plan fits
into the neighborh000d better than the original plan did.
MOTION: Bentley moved, seconded by Anderson, to recommend
approval of the revised concept plan for Miller Park and to direct
Staff to begin negotiations for acquisition of the twenty-four
acre parcel. Motion carried unanimously.
City Council Minutes -10- January 21. 1986 �
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2. Eden Prairie Community Center Litigation
Director of Community Services Lambert noted his n*morandum of
January 16, 1986, in which this matter was addressed.
City Attorney Pauly said the cost of determining the cause and
remedy of those defects is a recoverable damage. What is being
done now is review of the totality of the problem, causation, and
remedial steps that need to be taken. Pauly said from what has
been shown by the testing so far it seems there are some defects
and there was negligence.
MOTION: Anderson moved, seconded by Pidcock, to enter into a
contract with Setter, Leach and Lindstrom for an amount not to
exceed $18.000 for schematic design phase of this project which
would include a report listing the advantages and disadvantages of m
the various solutions for repairing the Community Center, and
their comparative costs. Roll call vote Anderson, Bentley,
Pidcock, Redpath, and Peterson, voted "aye'. tdotin carried
unanimous ly.
X. NEW BUSINESS
There was none.
XI. ADJOURNMENT �
The Council adjourned to a special session with City Attorney Pauly to m
discuss matters in Litigation.
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