City Council - 09/16/1986 APPROVED MINUTES
EDEN PRAIRIE CITY COUNC IIj
TUESDAY , SEPTEMBER 16 , 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING
BOARDROOM
COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J . Jull ie , Assistant
to the City Manager Craig Dawson, City
Attorney 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 Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present .
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PRESENTATION OF "AWARD OF VALOR" TO CITIZENS RICHARD BERG AND JOHN
SORTLAND , AND PUBLIC SAFETY OFFICER JEFF BERG FOR TANKER ACCIDENT
ON HIGHWAY #1 9; AND LETTERS OF RECOGNITION TO THE EDEN PRAIRIETIRE
DEPARTMENT AND PUBLIC SAFETY RESERVES
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Mayor Peterson presented Awards of Valor to Richard Berg, John Sort-
land and Officer Jeff Berg for their rescue efforts in the fuel tanker
accident on Highway 169 the morning of August 19, 1986 . Peterson
congratulated and thanked the men on behalf of the residents of Eden
Prairie . He also presented a Letter of Commendation to the Eden
Prairie Fire Department and a Letter of Recognition to the Public
Safety Reserve Unit for their outstanding work during the emergency
situation after the accident occurred .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Anderson moved , seconded by Bentley, to amend the
Agenda by adding Item III . Q . Set a Special Meetin of the
City_ Council for 7:30 PM on Thursday, September 18 , 1286 ,
and continuing Item VII . B . Request from Mary Ra c 1 e &
Lawrence Ka ustka regarding Goose Hunt at Olympic Hills
to the Special Meeting on Thursday,
Mayor Peterson and Councilmember Pidcock said they would be
late for the meeting on Thursday because of a conflict with
the Transit Commission meeting in Chanhassen the same evening. K
Peterson said he would appoint Councilmember Redpmtth to serve
as acting Mayor in his absence .
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City Council Minutes -2- September 16, 1986 k
The following items were added to the Agenda: X . A . 2.
Pidcock - Letter from Sharon Gluschenko regarding stop signs;
X . A . 3 . Bentle - Current activities at Welcome Home site ;
X . A . 4 . Peterson - Nominations for persons to serve on
City Hall Committee .
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The following items were continued to the October 7th meeting:
VII . C . Presentation by Nae ele Outdoor Advertising Company
on Billboards__ (Nancy Fletcher) ; VII . D . Proposed NSP Trans-
mission Line along Hi hwa
MOTION: Bentley moved, seconded by Redpath, to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously.
II . MINUTES
A . Regular City Council Meeting, held Tuesday, August 19, 1986
The following changes were made to the minutes : page 15,
paragraph 3 , sentence 3 -- change "a petition from" to "a
petition he said was from•' ; page 20, paragraph 6, sentence
i -- change "the following recommendations contained in the
Staff Report of August 15, 1986." to "the attached Findings
and Conclusions on the request prepared by City Attorney
Pauly . (Attachment C )"; page 20-21 , delete Items 1 through
5 ; page 25 , paragraph 3, sentence 1 -- change "PM" to "AM" .
MOTION: Bentley moved, seconded by Anderson, to approve
the Minutes of the regular City Council meeting held Tues-
day, August 19, 1986 , as amended and published . Motion
carried unanimously.
B . Special City Council Meeting held. Thursday, August 21 , 1986
The following change was made to the minutes : page 2, pars-
graph 7 , sentence 1 -- change "thanks' to "ask" .
MOTION: Bentley moved, seconded by Redpath , to approve
the Minutes of the special City Council meeting held Thurs-
day August 21 , 1986, as amended and published . Motion
carried unanimously.
III . CONSENT CALENDAR
A . Clerk ' s License List
B . Approval of Revised Joint Powers Agreement for South Henne-
pin Human Services Council
City Council Minutes -3- September 16. 1986
C . 1st Reading, of Ordinance No . 49-86 , amendinK City Code
Chapter 9 by adding thereto a new Section 9.09 which
prohibits the harassment of dogs used for Public Safety
p purposes ; and adopting by reference City Coe Chapter 1
and Section 9 .9 , which, among other things, contain pen-
alty provisions
D . Final plat approval for Meadow Park 2nd Addition Home-
ward Hills Road at Sunn brook RoadLj Resolution No . -243
E . Final Plat approval for Luknic Fifth Addition Rowland t
Road, west of Old Shady Oak Road , formerly the "Garden"
Resolution No . -2
F . Final Plat approval for Windson east extension of Chest-
nut Drive Resolution No . -2 5
G. Final Plat approval oval for Gonyeea 5th Addition NE corner TH 5
and CSAH Resolution No . 86-246
H . Approve plans and specifications for Bluffs Vest 5th Addi-
tion and vicinity Drainage Im rovements Riverview Road
I .C . 2-0 Resolution No . 7
I . Approve plans and s cifications for Riverview Road and
Riverview Drive UtilitX and Street Im rovements I .C . 2-
01 Resolution No . -
J MINNETONKA STATE BANK, ( "The Bank - Eden Prairie" ) by
Robert R . Copeland and Raymond O . Mithun . 2nd Reading of
Ordinance #40-86, Rezoning from Rural to Community Commer-
cial ; Approval of Developer' s Agreement for Minnetonka State
Bank ; and Adoption of Resolution #86-233 , Authorizing Sum-
mary of Ordinance #40-86 and Ordering Publication of Said
Summary. 3 .458 acres into one lot for construction of a
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Dank building. Location: northeast corner of Highway #5
and County Road #4. (Ordinance #40-86 , Rezoning; Resolu-
tion #86-233 , Authorizing Summary and Publication)
K . PRAIRIE COURTS , by Ronald A . Christensen. 2nd Reading of
Ordinance 39-86-PUD-7-86, Rezoning from Rural to Neighbor-
hood Commercial with variances; Approval of Developer's
Agreement for Prairie Courts ; and Adoption of Resolution
#86-237, Authorizing Summary of Ordinance #39-86-PUD-7-86
and Ordering Publication of Said Summary . 3 .7 acres into
one lot for construction of a 32,000 sq. ft . commercial
center. Location: East of County Road #4, north and west
of Wagner Way . (Ordinance #39-86-PUD-7-86; Resolution 06-
2.37, Authorizing Summary and Publication)
City Council Minutes -4- September 16 , 1986
L. MEADOWPARK 2ND ADDITION, by Spuds, Inc . 2nd Reading of
Ordinance , Rezoning from Rural to R1 -13 .5 on 5 .84
acres and from Rural to Public on 3 .28 acres; Adoption of
Resolution #86-238, Authorizing Summary of Ordinance #41-
86 and Ordering Publication of Said Summary. 9.12 acres
into 8 lots , one outlot , and road right-of-way for construc-
tion of 7 single family lots and Fire Station. Location:
East of Homeward Hills Road , north of Sunnybrook Road .
(Ordinance #41-86; Resolution #86-238 , Authorizing Summary
and Publication)
M. BLUESTEM HILLS, by Brown Land Company . 2nd Reading of
ordinance -86, Rezoning from Rural to RI -13 .5 on 26 .86
acres; Adoption of Resolution #86-239, Authorizing Summary
of Ordinance #45-86 and Ordering Publication of Said Sum-
mary. 31 .56 acres into 62 single family lots, one outlot ,
and road right-of-way. Location: South of Bennett Place ,
north of Purgatory Creek. Ordinance #45-86, Rezoning;
Resolution #86-239, Authorizing Summary and Publication)
N. Change Order for Wyndham Knoll Improvements, I .C . 52-097
0 . Chan e Order for Edenwood and Sin letree Lane Improvements ,
I .C . 52-011A & B
P. Appointment of City representative to South Hennepin Human
Services Council to fill unexpired term to IZ31,Z8b
R . Set a Special Meeting of the City Council for 7.-30 PM on
Thursday, September 18. 1986
Redpath noted that Item B regarding Approval of Revised
Joint Powers Agreement for South Hennepin Human Services
Council should be for wJIAI}y Vim" of iaciii
programs by three of the four parties involved .
Bentley asked if, then, the funding for such programs would
come from the three cities voting for the program and not
from the city voting against it . Redpath said that was
correct .
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MOTION: Redpath moved , seconded by Anderson, to change
Section 12 of Item B to read -shall first have been approved {
by the council of at least three of the four parties, " .
Motion carried unanimously.
Bentley asked if Item C . 1st Reading of Ordinance No . 49-
86 prohibiting the harassment of dogs used for Public Safety
purposes was to cover a loophole in the present ordinance .
City Manager Jullie said that was correct .
City Council Minutes -5- September 16 . 1986
Anderson asked if this sort of thing was happening. City
Attorney Pauly said there had been instances of the dogs
being teased while in the car. Anderson asked if the dogs
were insured since their value is so high . Pauly said he
would doubt that the dogs were covered under the general
liability coverage .
MOTION: Redpath moved , seconded by Pidcock, to approve
Items A-Q on the Consent Calendar. Motion carried unani-
mously.
IV . PUBLIC HEARINGS
A . 1986 SPECIAL ASSESSMENT HEARING (Resolution No . 86-228 )
Continued from September 2. 1986 for 4 parcels along Ander-
son Lakes Parkway
City Manager Jullie noted that this item was continued from
the September 2 , 1986 meeting. He said Staff has had con-
versations with the owner.-., cf the parcels in question.
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Director of Public Works Dietz reviewed the status of the ?
objections received to the four parcels excepted from the
resolution approved on September 2nd . He said that, be-
-, cause of the divisions that occurred on the property, there
was $16 ,935 of sanitary sewer assessments on the three par-
cels owned by Douglas Corporation that did not benefit that
property. He said he would therefore recommend the assess-
ment on those three parcels be reduced by a total of $16 ,935 .
Arlyn Grussing, representing Douglas Corporation, said that
they would agree to the revised assessment .
Dietz said he had met with a representative of the Tandem
Corporation to discuss the assessment on the fourth parcel
and ha3 suggested a cobi rouiise which they did not accept . e
He said he was, therefore, recommending that this Public 3
Hcaring be continued until th& October 7th meeting, at which
time the review of -che appraisal of the parcel would be
presented as a Staff Report with a recommendation to re-
solve the issue on the fourth parcel .
MOTION: Bentley moved , seconded by Pidcock, to continue
excepted parcel 22-116-22 12 0001 to the October 7th meet-
ing. Motion carried unanimously.
Anderson asked if that would be within the time line . City
Attorney Pauly said it would be
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MOTION: Bentley moved , seconded by Pidcock, to adopt a re-
vised assessment on -the following three parcels, reducing
their total assessment by $16 ,935 .49:
City Council Minutes -6- September 16, 1986
22-116-22 14 0003
22-116-22 14 0004
22-116-22 14 0005
Motion carried unanimously.
B . J & L SUBDIVISION, by Frank R. Cardarelle . Request for
Zoning District Change from R1-22 to R1-13 .$ on approxi-
mately three acres with Preliminary Plat of approximately
three acres into seven single family lots. Location:
Southeast quadrant of Blossom Road and Bennett Place .
(Ordinance #47-86 , Rezoning; Resolution #86-240, Prelimi-
nary Plat )
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
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Frank Cardarelle , proponent , addressed the proposal .
Plaruiing Director Enger said the Planning Commission re-
viewed this item at their August 25 , 1986 meeting and
recommended approval on a 5-0 vote of the request for
rezoning and Preliminary Plat, subject to the recommenda-
tions in the Staff Report of August 22nd . He said pro-
ponent had submitted the recommended petition for a feasi-
bility study to upgrade Blossom Road and the proposed street
along the eastern property line . He also said that the tree
inventory has not been completed but that they are recom-
mending this be provided by the time of 2nd Reading.
There were no comments from the audience .
MOTION: Bentley moved, seconded by Anderson, to close
J_L 7'1.1..l s r_ ___t. a -&— • t i. D w w.i .. ..`F• fl w7 �i.n.a r^n n
61Le X-UU1 J.0 I1C CL11.J Lr, dJ 1U tW ryivC +riv alouwaitfj v . vt..+ waav .
No . 47-86 for Zoning. District Change from R1 -22 to R1 -13 •S -
Motion carried unanimously.
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No . 86-240, approving the Preliminary Plat of
J & L Subdivision for Frank R. Cardarelle . Motion carried
unanimously.
MOTION: Bentley moved , seconded by Redpath , to direct
Staff to prepare a Developer' s Agreement incorporating
Commission and Staff recommendations.
Anderson asked if, before 2nd Reading, the Staff recom-
mendations would be available for review, particularly the
tree inventory. Enger said that the tree inventory was
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City Council Minutes -7- September 16, 1986
the only recommendation that was outstanding. A general
discussion followed regarding tree inventories and tree
removal during construction by developers as well as the
City.
VOTE ON THE MOTION: Motion carried unanimously.
C . WILSON LEARNING, by Ryan Construction Company of Minnesota,
Inc . Request for Planned Unit Development Concept Amend-
ment on 60 .85 acres, Planned Unit Development District Re-
view and Zoning District Amendment with variances within
the Office zoning district on 17 .19 acres, and Preliminary
Plat of 17 . 19 acres into two lots for construction of a
nine-story office building. Location: East of Highway #i69 ,
west of Valley View Road , south and west of Flying Cloud
Drive . (Resolution ##86-241 , PUD Concept Amendment ; Ordi-
nance #48-86 , Amending Ordinance #132-84; Resolution #86-242 ,
Approving Preliminary Plat)
City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Bill Me Hale , Wayne Bishop, Dick Koppy, and Larry Wilson,
representing proponent, addressed the proposal .
Planning Director Enger said the Planning Commission first
reviewed this project at the August 25th meeting and con-
tinued it to the September 8th meeting to allow time for
additional information on traffic . He said that, at the
September 8th meeting, the Commission recommended approval
on a 4-0 vote of the PUD Amendment, rezoning and Preliminary
Plat, subject to the recommendations in the Staff Report
of August 22, 1986 . He referred to his memo of September
5trL Lu the Planning commission and said the Commission also
recommended that a restriction be placed on the outlot for
the amount of development expected to occur there, depending
on the results of a traffic study to be conducted when a
proposal is presented for the outl ot. He said that restric-
tion was to replace the original Staff recommendation that
the undeveloped land area outside that needed for building
and parking should be rezoned from Office to Rural .
Enger further noted that a traffic study had been done in
1985 for the Vantage Companies that was designed to encom-
pass the Major Center Area, and that study indicated there
would be problems if the roadways were not upgraded as the
area was developed . He said the study recommended that the
City make an effort to reduce traffic generation around the
Major Center Area, and therefore the Vantage project was
required to decrease their originally-proposed development.
City Council Minutes -8- September 16 , 1986
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Enger said that the projected traffic volume for this
project is lower than the original estimates and that it
will be within the parameters of the 198j traffic study,
including the 20% reduction suggested for the overall Major
Center Area . He said , however, that the major concern is
with the 6 .5 acre remnant parcel not accounted for and that
this problem has not been resolved .
Bentleyasked where the
production studios would be locat-
ed . McHale said their plans are to keep them in the present
location.
Pidcock asked about the traffic volume being increased by '
the people attending classes in the second floor classroom.
McHale said all those people come in by bus .
Peterson asked Enger to summarize the Staff position rela-
tive to the extra parcel . Enger said they are recommend-
ing the Council include in the Developer` s Agreement, which {
can be filed against the property, a limitation on the future
development of the remnant piece . Enger said that the pro-
ponent has a problem with the remnant being returned to
Rural zoning, therefore Staff has recommended that proponent
return to the City for a site plan review for each individual
parcel to be developed on that land . Peterson asked if
that meant it would remain zoned as Office with provision
for individual parcel site plan review. Enger said that
was correct .
Anderson asked how many times this sort of thing has occur-
red before . Enger said the Hartford project and the Touch
of Class building were two examples .
Pidnock saiu shie had understood proponent to say that the
bank needed all the property to be zoned Office . McHale
responded that the deal is structured so that the entire
property would be encumbered and that the restriction on
future development would be acceptable but the return to
Rural zoning would not be acceptable to the New York bank.
Peterson asked what kind of accessibility there would be
for bus service . McHale said the accessibility is there
becau.:e the fire department needs access and that Wilson
would have a real interest in keeping the traffic volume
low.
Enger said the ability to have flexible work hours is a
very effective transportation management idea as that
avoids additional traffic during the rush hour.
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City Council Minutes -9- September 16, 1986
Anderson asked if the intersection on Valley View Road
and Hwy. 169 will be changed . Enger said he thought it
had been suggested that the bridge be widened over Hwy. 169.
Pidcock said she thought a concern would be whether we are
covered if, for some reason, Wilson Learning pulls out and
another tenant moves in . Peterson said he thought the
building lends itself to a lower occupancy. McHale said
the building is designed so that changes would be diffi-
cult .
Pidcock referred to the letter from Vantage Companies
dated September 8, 1986, and asked if their concerns had
been satisfied . Enger replied that they were concerned
that Vantage was being treated differently from Wilson
as they understood they were constrained by daily average
trips rather than peak hour trips . He said he reviewed the
documents and determined that both firms were being treated
exactly the same . He said the same opportunity exists for
Vantage to come in with development on individual parcels .
There were no comments from the audience .
MOTION: Anderson moved, seconded by Pidcock, to close the
Public Hearing and to adopt Resolution No. 86-241 , approv-
ing the Ryan/Wilson Learning PUD Concept Amendment to the
overall Wilson Ridge PUD . Motion_ carried with Bentley
abstaining.
MOTION: Anderson moved, seconded by Red path, to give 1st
Reading to Ordinance No . 48-86 amending the Ordinance for
zoning on the property. Motion carried with Bentley ab-
staining.
MOTION: Anderson moved, seconded by Redpath, to adopt
Resolution No . 86-242 , approving -the Preliminary Plat of
Wilson Learning for Ryan Construction. Motion carried with f
Bentley abstaining.
MOTION: Anderson moved , seconded by Pidcock, to direct
Staff to prepare a Developer' s Agreement incorporating
Commission and Staff recommendations and including, in
recordable form, a covenant which would limit the amount
of development on the remnant parcel to no more than 20,000
square feet , subject to the completion of a traffic study
in order to substantiate additional development beyond the
20, 000 square foot limitation. Motion carried with Bentley
abstaining.
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Bentley noted that his abstention was due to a potential
business conflict .
City Council Minutes -10- September 16 , 1986
D . VACATION OF UTILITY EASEMENT - MACHINE PRODUCTS PARCEL -
WEST OF WASHINGTON AVENUE, NORTH OF HAMILTON AVENUE Reso-
lution No . -2 O
City Manager Jullie stated notice of this Public Hearing
had been published .
Director of Public Works Dietz noted that the utility
easement for the parcel is no longer necessary.
There were no comments from the audience .
MOTION: Redpath moved , seconded by Bentley, to close the
Public Hearing and to adopt Resolution No . 86-250 for vaca-
tion of the utility easement on the Machine Products Parcel ,
west of Washington Avenue , north of Hamilton Avenue . Motion
carried unanimously.
V. PAYMENT OF CLAIMS NOS . 29577 - 29860
Relative to Claim No . 29689 from Brown Photo , Pidcock asked if
it would be possible to get a better deal from another company.
City Manager Jullie said he believed that we are getting a
special rate . Anderson noted that we have instructed Staff to
do business within the City .
MOTION: Bentley moved, seconded by Redpath, to approve the
Payment of Claims Nos . 29577 - 29860 . Roll call vote: Ander-
son. Bentley , Pideock, Redpath and Peterson voted "aye . " Motion
carried unanimously .
VI . ORDINANCE & RESOLUTIONS
There were none .
VII . PETITIONS , REQUESTS & COMMUNICATIONS
A . Preliminary Plan approval for TH 5 Im rovements between
Prairie Center Drive and Heritage Road Resolution No. 86-
2 9
Director of Public Works Dietz described the preliminary
layout for the improvement of Hwy . 5 between Prairie Center
Drive and Heritage Road and pointed out some of the features
on the drawing of the project . He said there would be a
median running down the entire length. He said the improve-
ments east of Wallace Road are scheduled for construction
next summer and the other phase from Wallace Road west
would be started in the spring of 1988.
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City Council Minutes -li- September 16, 1986
Dietz said there is a contingency plan in case the rail-
road is abandoned . He described the property that would
be purchased by the State under each of the two alterna-
tives (with or without the railroad line ) . He also noted
that Hwy. 4 is proposed to be upgraded by the County and
he described the plans for the intersection of Hwy. 4 and 5 .
He said there is a bike trail proposed on the north side
of Hwy . 5 . A discussion followed regarding the effect of
the improvements on landscaping along the highway.
Bentley asked if there were any changes in the location of
the highway on the eastern end near Prairie Center Drive .
Dietz said it would not be significantly changed .
Anderson asked if there would be a crossing for the trail-
way system that runs down to the creek, as there is no pro-
vision now for going across Hwy. 5 . Dietz said there was
no provision in the current plans but it may be accommo-
dated by the plans for Hwy . 212 . Bentley suggested Staff
raise the issue with them and point out the potential prob-
lem.
! Pidcock asked if there would be any change to the signal
\ lights at the intersection of Mitchell Road and Hwy. 5 so
that having the sun in your eyes would not be such a prob-
a lem. Dietz said there will be changes in that intersection
but he was not sure about the plans for the traffic signals .
Anderson expressed concern about the intersection at Wallace
and asked about the plans for that intersection. Dietz
said it will be signalized and widened but he was not sure
if there would be provision for a left-turn arrow. Ander-
son said he hoped all the intersections would have that
and ccSZL-3 ii we would get any input on the subject . Dietz
replied that we can say something about it but that the
State has guidelines that they go by. Dietz said he would 3
find out if the left-turn arrows are included in the pro-
posed improvements . °
Peterson asked what kind of additional encroachment there
would be at Prairie Village Mall and the property west of
there . Dietz said the construction limits touch the edge
of the parking lot but don't go into it . Peterson asked
how many lanes there would be from the intersection several
hundred yards to the west. Dietz said there would be seven
lanes at the intersection and that it then narrows at Car- }
nelian. '
City Council Minutes -12- September 16 , 1986
Peterson then noted that the original assumption in 1970
was. that Hwy. 212 would take away the need for Hwy. 5 to
be a major road west of Prairie Village Mall . Dietz said
he believed the proposed right-of-way width remains the
same for that area. Peterson said the increased traffic
volume would cause increased noise and encroachment for the
nearby► residences . Dietz said that even with Hwy. 212
the traffic volume is expected to increase . A discussion
followed regarding the history of planning for Hwy. 5 and
the effect on that highway if Hwy . 212 is constructed .
Peterson said he objected to losing the greenspace and
plantings along; Hwy. 5 . He said that something was happen-
ing to us that we hadn't planned on and it is having an
adverse effect on the community . I-Ie said that we have
planned the community based on the State plans and then they
casually change the conditions by not building Hwy. 212 .
Redpath said he thought these improvements to Hwy. 5 were
considered safety improvements and we would be remiss to
riot take this opportunity to improve Hwy . 5 .
Pidcock asked if there was anything we could do to force
the State to give us more greenspace along the roadway. t
Dietz said it would have to come from somewhere . Bentley
said he thought we should ask them to look at those places
where there will be a landscaping/berming problem and try
to find an accommodation that will alleviate the problem.
Dietz said there is a possibility of replanting some of
the trees in the area where grading has to occur.
Anderson said he thought we have an opportunity to make
plans to improve the view along Hwy . 5 by berming up on
the sides, putting in trees and maintaining the grass, but
we must nut it -in the ..i..�,.. vctcr :3 •.a � ��
r+.w.•►. ,.••,• . VCiL . via .�7rQ.iL" At %OXI .CIrV
we must be as assertive as possible before this gets to the
design stage . Anderson noted that the lighting is impor-
tant for night traffic .
Dietz noted the conditions included in the proposed reso-
lution on Hwy . 5 and said that Staff was particularly con-
cerned about maintaining the right-in/right-out entrance
to Prairie Village Mall as a means of alleviating left-
turn traffic at the Hwy. 4 entrance to the shopping center.
Peterson said he would like to see Staff review the impacts
of encroachment on existing properties and include in the
approval the strongest possible request and recommendation
that measures be taken to provide approximately the same
level of aesthetic quality as presently exists .
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City Council Minutes -13- September 16 , 1986
Peterson then asked where the location of the pedestrian
overpass would be . Dietz said he thought it would have to
be on the east side of Hwy . 4 . Pidcock asked how pedestri-
ans would get from the west side of Hwy. 4 . Dietz said
that an overpass on Hwy . 4 had been discussed but that the
signal light at Driskills should help that situation.
MOTION: Bentley moved , seconded by Pidcock, to adopt
Resolution No. 86-249, approving the TH 5 layout, subject
to the recommendations from Staff and with additional j
recommendations that a crossing for the trailway system
be provided on the eastern end of 'he improvements , that
left-turn arrows be installed at signalized intersections,
and that the same level of aesthetic quality as currently
exists be maintained along the highway with such items as
berming, tree plantings , grass maintenance and lighting.
Motion carried unanimously.
B . Request from Mary Radcliffe & Lawrence Kapustka regarding
Goose Hunt at Olympic Hills
This item was continued to the Special Meeting of the City
Council on Thursday, September 18 , 1986 .
C . Presentation by Nae ele Outdoor Advertising, Company on
Billboards Nancy Fletcher
This item was continued to the October 7 , 1986 meeting.
D. Proposed NSP Transmission Line along; Highway 5
This item was continued to the October 7 , 1986 meeting.
VIII . REPORTS OF ADVISORY COMMISSIONS
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A . DEVELOkMENT COMMISSION - Request for Joint meeting with
City Counci
City Manager Jullie noted the memorandum from the Develop-
ment Commission requesting a joint meeting with the Council .
MOTION: Pidcock moved, seconded by Bentley, to set the
Joint Meeting with the Development Commission for 6: 00 PM,
Tuesday, October 21 , 1986 . Motion carried unanimously.
IX . APPOINTMENTS
There were no appointments .
City Council Minutes -14- September 16 , 1986 Y
X . REPORTS OF OFFICERS , BOARDS & COMMISSIONS
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A . Reports of Council Members
1 . Charge to Residents ' Committee for City. Administrative .
Offices
MOTION: Bentley moved, seconded by Redpath , to approve
the charge to the Residents ' Committee for City Adminis-
trative Offices , as put forth in the Staff memorandum.
Motion carried unanimously .
2 . Pidcock - Letter from Sharon Gluschenko regarding stop
s igns
Pidcock referred to the letter from Sharon Gluschenko
requesting that stop signs be put in on Kristie Lane
and Debbie Lane . She asked Director of Public Works
Dietz to look into the situation and get back to the
Council with recommendations .
Dietz noted that he had several such requests and
suggested that he would put them all together with a
discussion on the desirability of using stop signs for
* speed control and get back within a month .
3 . Bentley - Current activities at Welcome Home site
Bentley said he had received several calls from resi-
dents alarmed about the activities going on at the
Welcome Home site . He said that, while $20,000 worth �
of improvements was originally planned , it appears
that over $100,000 worth may have been done and that
there has been no accommodation to any of the concerns
raised when the issue was first discussed . He said he
wuuid like to Know what is going on over there . He
said he is alarmed about the activities and noted that
their request made it clear that this was phase one
and that they are planning to expand.
Redpath asked if Staff was aware of the situation.
City Manager Jullie said that Wayne Sanders had a num-
ber of concerns that they didn' t seem to know what
they were getting into .
Bentley said in his opinion what is being done there
far exceeds what would qualify to be grandfathered in
under the zoning ordinance .
Anderson said he would like to have a full report from
Staff at the next meeting as to what is going on at
that site .
City Council Minutes -15- September 16 . 1986
Bentley said his major concern now comes down to access;
that is , is there adequate parking and is it going to
be accommodated under the rural zoning or under the
multiple zoning since they will need a significant
amount of parking. He said he thought it should also
be fully screened and landscaped .
MOTION: Anderson moved , seconded by Bentley, to direct
Staff to investigate the activities at the Welcome Home
site to determine if those activities were exceeding
what is permitted and if there will. be sufficient access
and landscaping provided .
City Attorney Pauly said there were three areas of con-
cern: the screening, the hard-surfacing and widening
of the driveway to 24 feet and the issue of setback .
He said according to a letter from Mr. Sorenson this
was just phase one . He said there has been no permit
issued for a second phase .
Redpath said he would hate to think the Council would
approve the building use but then not let them bring
it up to code .
,. Bentley said that his point is that this is a land use
question and the degree to which there would be a change
to that facility impacts the degree to which it can be
considered a pre-existing use .
Redpath said he would like to hear from Wayne Sanders
and Staff about what is going; on.
Anderson called the question.
VOTE ON THE MOTION: motion carried unanimously.
4. Peterson - Nominations for persons to serve on City
Hall Committee
Peterson suggested that nominations be deferred until
the City budget meeting. He said he had asked for the
entire Council to submit names for consideration and
had not received any until two days ago . He suggested
that if there are any more names to consider, those
people should be contacted to see if they would be
willing to serve if nominated .
MOTION: Bentley moved, seconded by Andersonp to con-
tinue this item to coincide with the first budget meet-
ing. Motion carried unanimously.
City Council Minutes -16- September 16 , 1986
B. Report of City Manager
1 . Receipt of 1987 City Budget
City Manager Jullie suggested a Special Meeting be
held on Tuesday, September 23rd to discuss the City
budget .
MOTION. Bentley moved, seconded by Pidcock, to set
a Special Meeting of the City Council for Tuesday,
September 23 , 1986, at 6 :00 PM for the purpose of
discussing the 1987 City budget and the nominations t
for the City Hall committee . Motion carried unani-
mously.
2 . City Hall Space Needs
City Manager Jullie referred to his memo of Septem-
ber 12th summarizing the three alternatives discussed
at the last meeting on City Hall space needs . He re- s.
viewed the three alternatives presented as to cost
and potential problems and/'or benefits .
MOTION: Redpath moved , seconded by Anderson, to adopt
the recommendation of the City Manager for Alternate
III, leasing space for all City Hall departments and
for Council Chambers .
Peterson said he thought there was merit in the Alter-
mte III recommendation but that there also was merit
in Alternate II . He said he was still somewhat in
favor of Alternate II for the cost savings it repre-
sents, inasmuch as the Citizens' Committee will be
making their recommendation in January or February.
Anderson said he felt that the importance of the Staff
working together and finding other facilities for the
Senior Citizens and PROP overshadows some of the extra
costs for Alternate III . He said he thought we were
fortunate to have found someone who was wilxing to lease
a part of the present building, thereby helping with
some of the expenses .
Bentley said he was in favor of Alternate III on the
basis of eliminating the other options . He said even
though we are considering a three-year option under
Alternate III, it would probably be three years before
we could move into a building considering the amount
of time it would take for the committee process, refer-
endum and construction of a new building.
City Council Minutes -17- September 16 , 1986
Pidcock said Alternate II would be her choice , She
said she thought there were certain departments that
could conveniently be separated without causing undue
hardship.
Peterson asked if Mr. Jullie could shed any more light
on the question of separating the Staff. Jullie said
this had been discussed at length in Staff meetings
and there was a very strong consensus of all depart-
ment heads that Staff should remain together as a unit .
He said he thought a situation with separated Staff
would put an extra work load on an already heavily-
burdened Staff . He said , however, that Staff is ready
to follow whatever policy the Council sets out and will
perform no matter what the situation is .
s
Peterson asked if the figures in Alternate III reflect
the offsetting income from leasing the present facility . 10
Jullie said they did not and that the amount of offset
would depend on who would lease the current building.
He said , if the entire building were to be leased to
the School District , we would eliminate the operating
costs in addition to receiving $4 per square foot . He
said , however, that he thought we might end up using
a portion of the building for some of the community
services outlined in Director of Community Services
Lambert ' s memo of September 4th .
Peterson said he would like to get a close approxi-
mation of the income we might derive from leasing City
Hall . Jullie replied that he thought we could get
$20,000 in income and could cut our maintenance costs
at the present City Hall by half.
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VOTE ON THE MOTION: Motion carried unanimously .
C . Report of City Attorney
City Attorney Pauly reported on the opinion received from
the Attorney General which concluded that the State statute
that provides for the filing of campaign reports including
campaign contributions and expenditures does not apply to
cities having a population of less than 20,000 at the time
of the dicennial census. He noted that enforcement of those
statutes is in the County Attorney' s office .
Pauly said the Attorney General 's opinion also concluded
that the City would have the authority to regulate and
City Council Minutes -18- September 16 , 1986
impose restrictions on campaign contributions and expendi-
tures, subject to constitutional restraints, and that the
City could require more frequent and detailed finance dis-
closure reports than those imposed by the State statutes .
S
Bentley noted that we have the coming election, the 1988
election and the 1990 election before the 1990 census is
certified and the campaign spending laws come into effect .
He said that it would probably not be wise , or even possible ,
at this point to write new ordinances effective for the cur-
rent period but that this is an issue we should probably s
look at after the first of the year when the new Council is
sworn in. He suggested that Staff remember this topic and
bring it up for discussion and possible action sometime
shortly after the first of the year.
Peterson said he would like to get the consensus of the
Council regarding the existing resolution that provides for
all campaign contributions to be listed by amount and donor
ten days prior to the election and that no contributions
are to be received for a period of ten days prior to and
ten days after an election. He said he felt this was im-
possible to enforce , and, therefore, ineffective .
Redpath explained the history behind the existing resolu-
tion. Pauly noted that, according to the Attorney General ,
1 the City could adopt an ordinance that would limit contribu-
tions, but not expenditures . Pidcock said she thought the
current resolution was stupid .
Peterson then asked if the consensus was that we set the
resolution aside or that we retain portions of it . Bentley
said he thought the resolution is not a binding one and
that it is a function of each individual to look at that
resolution and decide what he will do about it : however,
he did not think it would be a good idea to just arbitrarily
remove the entire resolution. Peterson said he thought the
resolution, as it stands, leaves candidates open to unfair
criticism if they choose to not reveal their campaign con-
tributions .
Pidcock said she thought it wasn' t wise to clutter the books
with resolutions that are unenforceable or that don't make
sense .
MOTION: Pidcock moved, seconded by Redpath, to rescind
Resolution No . 79-135. Motion carried with Bentley opposed.
Bentley said he voted against the motion because he thought
the intent of the resolution is that campaign contributions `
City Council Minutes -19- September 16 , 1986
be brought forward and , if those contributions are made
public , whether within the stipulated time frame of ten
days or not , the spirit of the resolution is adhered to. .
Pidcock said that we could have something on the books that
had the spirit of disclosure and that had a few more teeth
in it than the previous one . She said perhaps Mr . Pauly
could suggest something that would carry the spirit of dis-
closure . Redpath said he thought we should come up with
something better before we are forced to because of the
population increase .
Pauly also noted that he had learned in the last few days
that Woodlake Sanitary Services has withdrawn its applica-
tion to the E .Q.B . for a variance from the permit require-
ments for expansion. He said this appears to put us back
to square one .
D . Report of Director of Public Works
1 . Award Contract for Bluffs East 4th T.0 . 2-0 6 (Reso-
ution No . 6-2
Director of Public Works Dietz reviewed the bids re-
ceived for improvements in the Bluffs East 4th Addition
and noted the recommendation to award the contract to
Kenko , Inc . , as the lowest bidder .
MOTION: Bentley moved, seconded by Redpath, to adopt
Resolution No . 86-251 , accepting the bid of $879,514.04
from Kenko, Inc . as the lowest responsible bidder for
I .C . ,52-096, Bluffs East 4th Addition, Franlo Road &
Utility extensions . Motion carried unanimously.
XI . NEW BUSINESS
There was none .
X I I. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the
meeting at 11 : 15 PM.
I
I