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City Council - 10/07/1986 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 7 , 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 . Jullie, 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 . i I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS " The following item was changed on the Agenda: Item VII . E. Request from Douglas Reuter for Council to consider an Ordinance on filing o campaign contr utions an- ex uses was incorpor- ate into Item X . C . 1 . Report on Uo—J—eof Ethics and Cam ign Disclosures in City Code . MOTION: Anderson moved, seconded by Pidcock, to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. II . MINUTES A . Re lar City Council Meeting held Tuesday, September 2 1286 ___. The following change was made to the Minutes: page 11 , paragraph 4, sentence 2--change "with Redpath abstaining. " to " ; Redpath abstained on Item 29576 (Wilson Tanner In- centives ) . " MOTION: Anderson moved , seconded by Pidcock, to approve the Minutes of the regular City Council Meeting held Tuesday, September 2 , 1986, as amended and published . Motion carried unanimously. {' City Council Minutes -2- October 7 , 1986 B . Special Cit Council Meeting held Thursday# September 4 1986 The following change was made to the Minutes: page 7, paragraph 8 , sentence 1--change 'Isom" to "some" . MOTION: Redpath moved , seconded by Anderson, to approve the Minutes of the Sp ecial City Cour 4.1 Meeting held Thursday, September 4, 1986, as amenued and published . Motion carried unanimously . C . Speo,.ial City_ Council Meeting held Saturday, September 27 , 9 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the Special City Council Meeting held Saturday, September 27, 1986 , as published . Motion carried unanimously. y III . CONSENT CALENDAR A . Clerk' s License List B . Approval of Amendment to South Hennepin Human Services Council Agreement C . Brauer & Associates Contract for Miller Park D . Final Plat approval for Primeland 5th Addition (City West Parkway) Resolution No . 86-258 E . Metropolitan Waste Control Commission Permit application or sewer connection - Windson Two East extension of l�liGA bYtVl t/ Lt tv C: � RL.uv.r uv.a.vaa `I F. 2nd Reading of Ordinance No . 49-86 , amending City Code Chapter 9 by adding thereto a new Section 9.09l which prohibits the harassment of dogs used for Public Safety purposes; and adopting by reference City Code Chapter 1 and Section 9. 9 , which, among other things, contain pen- alty provisions G. STARING PINES ADDITION by Jerry Krebsbach. Approval of Developer ' s Agreement for Staring Pines Addition for devel- opment of 1 .63 acres without right-of-way into three , Ri-22 single family lots . Location: West of East Staring Lane . H . STENEHJEM ADDITION by Kathleen M. Steneh j em. 2nd Reading of ordinance No . 5-86 , Zoning District Change from Rural to RI-13 .5 t Approval of Developer' s Agreement for Stenehjem City Council Minutes -3- October 7 . 1986 Addition ; and. Adoption of Resolution No . 86-202, Authoriz- ing Summary of Ordinance No . 35-86 and Ordering Publica- tion of Said Summary. 3 .34 acres into five single family lots . Location: North of Craig Drive , east of Duck Lake Road . (Ordinance No . 35-86 - Rezoning; Resolution No . 86- 202 - Authorizing Summary and Publication) A x I . 1st Reading of Ordinance No . 53-86 , amending City Code a Section 9.40 relating to discharge of weapons J . Resolution No. 86-257, A R2inting Election Jukes for the November 4, 1986 , General Election Regarding Item B , Bentley asked if his assumption was cor- rect that Bloomington and Richfield refused to agree with the change to allow approval of new programs by three of the four councils . Redpath said that was correct . MOTION: Redpath moved, seconded by Anderson, to approve Items 1 - J on the Consent Calendar. Motion carried unani- mously. IV . PUBLIC HEARINGS A . 1986 SPECIAL ASSESSMENT HEARING (Resolution No . 66-228 ) Continued from September 16,1986 for Westover Woods s City Manager Jullie stated there is one parcel that remains to be resolved . Director of Public Works Dietz reviewed the additional data and the proposed resolution of the assessment . Russell Smith, of xussell Smith & Arsaoc . , reviewed the appraisal of the property done by his firm. He said that the appraisal states that the benefit to the property from the improvements is greater than the cost of the improve- ments . City Attorney Pauly noted for the record that this special assessment refers to Outlot C of the Research Farm Addition and Mr . Smith ' s report of his appraisal is included in the Council material with a cover letter to Mr. Dietz dated September 9, 1986 . Jim Ostenson, representing proponent, said he was dis- appointed that the appraisal did not show examples of simi- lar, assessments . He said their own research showed other similar projects were assessed $1200-$2200 per lot whereas Westover Woods is being assessed at approximately $5700 per lot . City Council Minutes -4- October 7, 1986 Ostenson noted they received a letter from the City dated January 15 , 1980 , in which the City assured them that the assessment would be $90,000 + 10%. He said on the basis of that letter they concluded negotiations with Northrup King and determined the type of development for the land . He said their actual assessment is $190, 000, which is more than twice the expected assessment . Dietz said the method of splitting the assessments against the Research/Northrup King property was dictated by the owners at that time . He said it wasn't until the final assessments were computed that we found they were higher than expected. He said he would recommend that the Council , based on the uniqueness of the property, consider splitting the difference and compromise at $135,000 . Ostenson responded that that suggestion had been made to them and they did not accept it . He said they would have brought in a different kind of project for approval had they known the assessment would be so high . He said that, at the time the letter from the City was mailed, 95% of the project was done and therefore the City should have been aware of the increased costs at that time . Peterson said he was concerned about the major discrepancy between this assessment and those of other comparable proj- ects . Dietz reviewed the reasons for the increased costs for the road and the arrangements with the previous owners on the assessments . He said the alignment of the road was changed after the Feasibility Study was completed and the change resulted in more front footage on this property. Anderson asked Dietz if he thought $100, 000 - $110,000 1 would be a fair assessment . Dietz responded that he thought $170,000 - $190 ,000 was a fair price to be able to develop the property. Anderson said he thought it is difficult for a single-family development to have to pay this kind of an assessment . Pidcock asked Ostenson how much the lots would sell for. Ostenson said they have a firm agreement as part of a de- velopment loan to sell the lots at $27,800 and this assess- ment would amount to $S?57 per lot , not including any as- sessment for sewer and water trunk charges . Pidcock then said she thought it was unfair to use the same assessment for single-family as that used for commercial and multi- residential . i City C ounc i 1 Minutes -5- October 7, 1986 Bentley said he had two concerns: one , relative to the original agreement to assess the entire parcel and the subsequent agreement that the assessment would be levied against a smaller parcel; two, a letter dated early this year at which time we should have been able to verify what x the costs were going to be , He said he would lean to re- duction down to something around $110,000 from the $170, 000 •sessment we are dealing with here tonight . Ostenson said the property was assessed $190 ,000 . He said x Northrup King had reached an agreement that the assessment would be decreased by $20#000 after they gave material to the City to improve the road . He said his company had then paid Northrup King the $20,000 . Dick Putriam, representing proponent, said he thought the $90 ,000 was high to begin with and that on top of that there are three acres of property in Outlot C that they dedicated to the Anderson Lakes Parkway/Cumberland Road right-of-way. He said they had agreed to the $90,000 in the Developer' s Agreement . He said they can't make up the difference on a 33-lot subdivision. Bentley asked if the $90,000 figure they had agreed to in- cluded the $20. 000 credit against the assessments . Putnam said that was the gross assessment and the credit would go against the $90 ,000 . a Peterson asked if they believed the figure in the January letter was an approximation with a 10% increase possible . Putnam said they did . Bentley asked Jullie what the net effect to the City would be if wP "ate"' $9Q.000 on the project . saki 1.L would be absorbed in our overall transportation fund . Bentley said that would mean it would be split over a period of . time . Jullie said he thought there was a lot of general benefit to the community from Anderson Lakes Parkway . Peterson said that he thought the date of the letter and the conversations that preceded the letter are very signifi- cant . He said he thought the City and it' s Staff have a significant responsibility in maintaining whatever repre- sentations are made . He said he thought we have to negotiate this to a reasonable and satisfactory resolution. There were no comments from the audience . MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to set the assessment against Parcel ;I `7 City Council Minutes -6- October 7, 1986 22-116-22 12 0001 at $100, 000, less the exact amount of the credit that was previously allowed . Motion carried unanimously. B . EASEMENT VACATION - APPLE GROVES 2ND ADDITION (south of Valley View Road , west of Duck Lake Road Resolution No . 86-260 City Manager Jullie stated notice or this Public Hearing had been published and property owners within the project vicinity had been notified . Director of Public Works Dietz outlined the location and explained the reasons for the request for vacation. Peterson asked if there would be any impact on any exist- ing trails or any planned trails . Dietz said there would be no impact on trails . Anderson asked if there would be any impact on wildlife . Dietz said it was a man-made pond . P There were no comments from the audience . MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-260, Vacation of a Drainage and Utility Easement in Apple Groves 2nd Addition. Motion carried unanimously . C . ROADWAY VACATION - RESEARCH ROAD (adjacent to School Dis- tract property Resolution No. 86-2, 1 City Manager J ullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Director of Public Works Dietz reviewed the proposed road- way vacation. He referred to the correspondence from Minnegasco to the City and to Mr . Gamm of the School Dis- trict regarding the eight-inch gas main in the southerly half of Research Road . He said a utility easement will be retained to accommodate the gas main. Peterson asked if the proposed alignment of Research Road will be the same as what it would be without the proposed vacation . Dietz said it will be the same . Anderson asked Director of Community Services Lambert if ( there would be playfields for the City there . Lambert 4 � City Council Minutes -7- October 7 . 1986 said no but that the City would probably use those built by the School District . Pidcock asked if the easements would be well marked so that nothing will be built there . Dietz said the gas com- pany would probably put markers as part of their aware - ness program. Jim Anderson, representing Minnegasco, said they have no objections if it is subject to the existing rights . 7 MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-261 , Partial Vacation of Right-of-Way of Research Road . Motion carried unanimously. D. WESTON BAY by the Pemtom Company. Request for Planned Unit Development Concept Amendment on approximately 88 acres; Planned Unit Development District Review on approximately 88 acres , with variances; Zoning District Change from RM-6 .5 to RI-13 .5 on 13 .5 acres, with Shoreland Management variances to be reviewed by the Board of Appeals; and Pre- liminary Plat of 13 .5 acres into 24 single family lots and p( one outlot . Vocation: South and east of Mitchell hake , west of Timber Lakes Drive . (Resolution No . 86-254 - PUD Concept Amendment; Ordinance No . 51 -86-PUD-7-86 - Rezoning and PUD District ; Resolution No . 86-255 - Preliminary . Plat ) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Dan Herbst , representing proponent, addressed the proposal . Planning Director anger said cite rlariiliti6 iULULIAA tlr;iuii rc- viewed this project at their September 8th meeting and recommended approval on a 4-0 vote . subject to recommenda- tions in the Staff Report of September 5 , 1986 . He said the Commission was concerned about the pond, particularly the maintenance and control of the north side of the pond ; however, proponent has since devised a plan to provide an outlot so that the pond area can be controlled by the home- owners association. He said there is a revised landscape plan that involves lcncing and landscaping. He said there was concern about the length of the cul-de-sac and that Staff now believes it is feasible to connect the road through to Miller Park in a way that will not attract additional traffic through the subdivision. I i City Council Minutes -8- October 7, 1986 Enger said there are a number of variances requested be- cause of the constraints imposed by the Shoreland section of the City Code and state statutes . He said Mitchell Lake is a natural environment lake and as such is governed by the Shoreland code . He reviewed the reasons for the vari- ance requests and the recommendations regarding tree re- placement . Director of Community Services Lambert said the Parks , Recreation & Natural Resources Commission reviewed this item on September 15th and recommended approval subject to the recommendations of the Planning Commission and Staff which included the ;5-foot easement and setback on Lot 14. He said they felt that turning the house on Lot 14 would allow sufficient easement without requiring a vari- ance . Redpath asked if removing one lot would get rid of four variances . Enger said that was true and that they had re- commended it be Lot 10 . Peterson asked how the road would be continued rather than ending as a cul-de-sac . Dietz pointed out the possible route on the map of the project . Pidcock asked if this was originally approved as a town- house project . Enger said it was . Pidcock then noted this project would have a lower density and thus a more desirable environment than the townhouse development . Anderson said he didn't like to give away lakeshore prop- erty as we have very little of it left . He said that he believed the City should be able to have more input as to what will be developed in a particular location rather than the developers always presenting what they want to build . He said that, in this project , it might be better to put the roadway along the lakeshore since that would also avoid some of the variances required for the project. Bentley asked. Enger if, taking into account the cutlots, the project as it appears meets the intent of the Shore- line management ordinance. Enger said it did with regard to lot width adjacent to the shoreland . Bentley asked if the only place where a problem occurs with distance from the high-water mark is at the far west end . Enger said Lot 14 would be 65 feet rather than the required ?5 feet . Bentley asked if a setback problem would be created by moving the structure on that lbt to the south. Enger said he thought it would be possible to build and meet the side- yard setback requirements as well as the ?5-foot easement . i City Council Minutes -9- October 7, 1986 Peterson asked what kind of on-going; commitment is ex- pected regarding the pond and maintenance . Herbst said they are proposing a homeowners association and that the pond is already established with inlets and outlets Peterson then asked if it was expected that it will re- quire considerable maintenance at some future time . Dietz said maintenance necessary for its function would have to be done by the City . Bentley asked if it would be possible to make a road connec- tion at the end of the cul-de-sac and cut it back to the east rather than making the connection in the middle of the project . Lambert said -there would be some problems toward the end of the cul-de-sac . A discussion of the impact of the road connection followed . Anderson asked how residents on the cul-de-sac would get to the park . Lambert said a sidewalk along the east side of the road will lead to a trail to the park . Pidcock asked if there would be a trail down by the lake . r Lambert said there would be a private trail to their out- lot . Pidcock said she thought the intent was that all the lakes could be accessed by everybody in Eden Prairie . Lam- bert said the area to the north has already been cut off to a public trail . Redpath noted that there is an access to the lake on the north side but it is just for residents . Lambert said there will be public access when Miller Park is built . Tim Crain, 7919 South Bay Curve, said he was president of the Timber bakes Homeowners Association and asked the Coun- cil to look favorably on the variance requeat4. He said they have concerns about the traffic problem but that he thought this is the best alternative land use as far as the traffic impact is concerned . Redpath asked what can be done about the variances. Enger said that was the dilemma the Planning Commission struggled with . He said one way would be to eliminate one of the lots " on the east side of the road . A discussion followed re- garding means of eliminating some of the variances . Peterson said he thought there should be more discussion on the feasibility of constructing a connector road to the park road . Redpath noted that the cul-de-sac to the north is probably as long or longer than this one . MOTION: Pidcock moved ,, seconded by Bentley, to close the Public Hearing and to adopt Resolution No . 8b-254, approving City Council Minutes -10- October 7, 1986 the Weston Bay PUD Concept Amendment to the overall Mit- chell Lake 1976 PUD . Motion carried unanimously. MOTION: Pidcock moved , seconded by Bentley, to give 1st Reading of Ordinance No . 51-86-PUD-7-86 for PUD District Review and Zoning District Change from RM-6 .5 to R1 -13 .5 on 13 .5 acres, with variances subject to review by the Board of Appeals . Motion carried unanimously . MOTION: Pidcock moved , seconded by Redpath, to adopt Resolution No . 86-255, approving the Preliminary Plat of Weston Bay for the Pemtom Company. Motion carried unani- mously. MOTION: Pidcock moved , seconded by Bentley, to direct Staff to prepare a Developer' s Agreement per Commission and Staff recommendations and including the 75-foot scenic easement , the movement of the building pad on Lot 14 to comply with that easement , and the requirement for 201 caliper inch tree replacement . Anderson noted that he obected to the ?5i-foot easement when state law requires 150 feet in order to provide a natural environment for the lakes . VOTE ON THE MOTION: Motion carried unanimously. E . REUTER dRDF PLANT by Reuter, Inc . Request for Zoning Dis- trict Change from Public to I-2 Park on 1 .3 acres and Pre- liminary Plat of 10 .63 acres into one lot . Location: South- east corner of County Road 67 and Indian Chief Road . (Ordinance No . 52-86 - Rezoning; Resolution No . 86-256 - Preliminary Plat ) nI t._ A/...__.. 'T..l1 ' -i-..J-...7 �.iAn Ar �Ui .+ .'y+l \ /s LTA.s Mo vs rr _L to Jf AMA a-nager tJ tA1Z1e s 1ia WGu n0 W.4A.CC Vi WIi1V Fu W1 4 ^ had been published and property owners within the project vicinity had been notified . Ron Krueger, representing proponent , addressed the proposal . Peterson asked City Attorney Pauly if there was any prob- lem with the proposed procedure . Pauly said he didn't see any problems with it . There were no comments from the audience . MOTIONS Bentley moved, seconded by Anderson, to close the Public Hearing and to give ist Reading of Ordinance No . 52-86 for rezoning. Motion carried unanimously. I City Council Minutes -11 - October 7 , 1986 MOTION: Bentley moved , seconded by Anderson, to adopt Resolution No . 86-256 approving the Preliminary Plat of Reuter dRDF Plant for Reuter, Inc . Motion carried unani- mously. MOTION: Bentley moved , seconded by Anderson, to direct Staff to prepare a Developer' s Agreement incorporating Commission and Staff recommendations . Motion carried unanimously . V . PAYMENT OF CLAIMS NOS . 29861 - 30336 Bentley asked about Item 30111 to the American Arbitration Assoc Jullie said this was a fee to cover arbitration of a dispute with the contractor for lime sludge in 1985 . Pauly noted that the outcome was very favorable . Bentley asked about Item 30167 to Elvin Safety Supply Inc . for gloves and dog repellant . Finance Director Frane said this was for the water meter readers . { Pidcock asked about Item 30164 to Eden Prairie Chamber of Commerce for dues for City Hall . Frane said that the City can choose to be a member thus allowing all employees to par- ticipate in activities for the $250 fee . Pidcock asked about Item 30258 to Nationwide Advertising Ser- vice for employment ads . Jullie said that we advertise for Police Officers nationally and that it is quite expensive to do so . Pidcock asked about Item 30231 to Virginia Ledford for legal service . Jullie said he would check on that and get back to her. Pidcock asked about Item 30304 to Emmett Stark for Community Band Service . Frane noted he is the Director of the Community Band MOTION: Redpath moved , seconded by Anderson, to approve the Payment of Claims Nos . 29861 - 30336 . Roll call vote : Ander- son, Bentley, Pidcock, Redpath and Peterson voted "aye" . Motion carried unanimously. V I . ORDINANCES & RESOLUTIONS A . 1st Reading of Ordinance No . 50-86 , amending City Code Section relating to the sala lea or mayor and Council em ers ana a o re .eren a city coad Chapter I a Section 11.99 whic , among other th Asa contain penalty provisions City Council Minutes -12- October 7, 1986 MOTION: Redpath moved, seconded by Bentley, to give 1st Reading of Ordinance No . 50-86 , amending City Code Section 2 .05 relating to the salaries of Mayor and Counci� Members, and adopting by reference City Code Chapter 1 and Section 11 .99 which , among other things, contain penalty provi- sions . Motion carried unanimously . VII . PETITIONS , REQUESTS & COMMUNICATIONS A . Presentation by Nae ele Outdoor Advertising_ Company on Billboards Nancy Fletcher Continued from September, 160 19986 _ City Manager Jullie noted that Naegele Outdoor Advertising Company has a proposal to present regarding billboards . Nancy Fletcher, representing Naegele, reviewed the pro- posal to remove billboards along Hwy. 169 by the Minne- sota River bluff as a trade for other locations within the City . She also reviewed the current location of billboards in the City . Redpath asked if they intended to replace sign for sign. Fletcher said that is one of the details that would have to be worked out . She said they are talking about a per- site approval by the Council . Peterson asked what percentage of the total signs would be committed to Eden Prairie . Fletcher said she thought the best procedure would be to offer them on a first basis to Eden Prairie businesses . D Pidcock asked what she meant by a "fresh new approach" to outdoor advertising. Fletcher said thpv arP ta_ltci_ng ahnut something smaller with landscaping and well-spaced place- ment . Pidcock asked what size she was talking about . Fletcher said no more than 450 square feet on the non- freeway signs and 300 square feet further out . Anderson said the main intent of the Council in asking for a new proposal was to remove the signs from the bluffs area. He asked if she was saying that it is more appro- priate for Naegele to put signs in a commercial area. She said she was and that they were particularly interested in the Major Center Area. Anderson then asked if she was proposing an ordinance change so that they could move the signs . Fletcher said that would probably be a requirement . City Council Minutes -13- October 7, 1986 Bentley said from his perspective this is moving in the right direction, especially since they appear to not be demanding a sign-for--sign replacement as they did before . Pidcoc k expressed concern that they might make the cost too high for Eden Prairie businesses to take first option. Fletcher said they sell off the rate card only. Redpath said that many years ago the City concluded that j outdoor advertising was a legitimate business . He said he thought the agreement was for directional advertising. Fletcher said that directionals are very necessary for places like Eden Prairie Center but on the whole she didn't think it would be advantageous to limit it . Peterson asked what specifically she wanted from the Council . Fletcher said they wanted comments and reac- tions so that they can take the next step with Staff. 5 Anderson said he viewed billboards as a type of visual pollution; however, he said it would be better to have them in a commercial area than on the river bluffs . Peterson said he thought in some areas billboards enhance the commercial nature of a commercial area . He noted , that the consensus seemed to be to proceed with the pro- posal . Anderson noted his concern that the billboards be put in areas where the better views of Eden Prairie are not ob- structed even though the area may be designated commercial . B. Proposed NSP Transmission Line along Highway (Continued from September 16 , 198_657� MOTION: Bentley moved, seconded by Anderson, to continue this item to the November 4th ,meeting. Motion carried unanimously . C . Petition from residents of Cardinal Creek pertaining to lowering of speed limits in their area Continued from September 2 , 1986 ) Bentley noted that Council had just received a large re- port on this tonight and that he would like time to review the report before this item is considered . George Cartinas, who said he represented the residents, said that they would also like to continue the item. City Council Minutes -14- October 7, 1986 MOTION: Bentley moved, seconded by Anderson, to continue this item to the November 18th meeting. Motion carried unanimously. D . Request of Eden Prairie Fire. Relief Association for Council approval of changes in its By-laws a continued item) MOTION: Bentley moved, seconded by Redpath, to approve the request of the Eden Prairie Fire Relief Association for changes in its By-laws . Motion carried unanimously. E. Request from Dou las Reuter for Council to consider an Ordinance on filing of campaign contributions and exF?nses This item was incorporated into Item X. C . 1 . Report on Code of Ethics and Campaign Disclosures in City Code . VIII . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS There were none . X . REPORTS OF OFFICERS, BOARDS & COMMISSIONS i A . Reports of Council Members There were no reports. B . Report of City Manager 1 . 1987 City Budget (Resolution No . 86-252) Continued from September 23, 1986 Assistant to the City Manager Craig Dawson referred to his memorandum and attached report dated October 3 , 1986 , which addressed questions raised by the Council at the September 23rd meeting concerning the 1987 bud- get . Further discussion occurred regarding the paving machine and the communication system used by Public s Safety and other City employees . MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No . 86-252, approving the 1987 City Budget as amended . Motion carried unanimously. Anderson said that he wanted to congratulate the Staff ! on a job well done on this year's budget. City Council Minutes -15- October 7, 1986 C . Report of City Attorney 1 . Report on Code of Ethics and Campaign Disclosures in City Code and Request from Douglas Reuter for Council to consider an :Ordinance on filing oof campaign con- tributions and expenses Doug Reuter, 8750 Black Maple Drive , noted that his petition was self-explanatory. Redpath noted he was disturbed about what he felt was one of the candidates and a newspaper attempting to create an issue over this . He said he thought we should continue with what the Council had asked the City Attor- ney to do which was basically the same as Mr. Reuter' s request . Pideock read portions of the draft of the minutes from September 16th dealing with the Council 's actions and suggestions on the issue of disclosure i City Attorney Pauly reviewed the state statutes in the Fair Campaign Practices Act and noted his memorandum of October 1 , 1986 , and the attached draft ordinance which would incorporate the reporting provisions pres- ently contained in the Minnesota statutes . He said it would be too late to adopt an ordinance and have it take effect completely before the coming election. He also noted that he had some questions about portions of the state statute . Redpath said he wanted to make it very clear that the action taken by the Council was not to rescind the ordinance but rather was to rescind the resolution which was an amendment to the Ethics Ordinance and, further, that the Council instructed the City Attorney to straighten out the matter to everyone ' s satisfaction. Peterson asked Pauly if he was suggesting that we might adopt the state statutes in spite of the unanswered questions and discrepancies . Pauly responded that he is suggesting adopting only one part of the state stat- ute and that the more reasoned approach would be to take a serious look at the ordinance and work out some of the discrepancies ; however that approach would take more time . Redpath asked how many cities have separate ordinances. Frane said inquiries were sent last week to 30 or 40 cities . Frane said thus far only two out of 16 respon- dents have indicated that the have y separate , ordinances. City Council Minutes -16- October 7, 1986 MOTION: Redpath moved, seconded by Anderson, to in- struct the City Attorney to continue his work on an ordinance change that will provide a clear-cut direc- tion for disclosure . Peterson noted that there has never been a requirement to disclose, rather it has always been voluntary . Pidcock said she was unclear if Mr. Reuter' s sugges- tions included making total financial disclosure . She said she was concerned about the situation where a candidate or a member of his family has something that comes before the Council and whether that should also be disclosed since there could be a conflict of interest . Reuter noted he had typed the state law word for word except that he excluded any clauses that referred to political party committees. He said his point is that the City has arrived at a point where candidates should disclose and that it was apparent to him that would not occur on a voluntary basis . He said that he had started this process in June and if it had been handled then there would have been plenty of time to have something for this election. Bentley reiterated his position at the previous meeting that he believed the existing resolution should have been kept in force but also noted that at this point it might be ill--advised to take some sort of immediate action . Redpath noted that the candidates presently on the Council have said they will disclose and the rest of candidates will have to decide for themselves . Dick Johnson, 12640 Sunnybrook Road, said he was con- cerned about knowing where a candidate '-s money conies from. He said he didn't understand why the State stat- ute couldn't be adopted and why it couldn't be effec- tive for this election. Anderson noted that he had already stated his intention to disclose and that he would encourage the other can- didates to disclose . He said he thought we should give Mr. Pauly adequate time to work out a proper ordinance . Pidcock said she heard the allegation that 60% of the Council did not disclose last time and she resented it since she had filed a full disclosure report . VOTE ON THE MOTION: Motion carried unanimously. City Council Minutes -17- October 7, 1986 D . Report of Director of Community Services 1 . Elaine Jacques property Director of Community Services Lambert said this is a decision regarding the boundary line and referred to his memo of September 23 , 1986 . He reviewed the history of the property and the problem with the prop- erty line . He said Staff is suggesting that Mrs. Jacques be given a quit claim deed to Parcels A and B and that Mrs . Jacques give the City a quit claim deed on the 11-foot difference on the north side of Parcel B. r City Attorney Pauly referred to the letter from William Odell dated May 30, 1980 that was written to Mr. Lam- bert regarding Parcel A . He said the City still has title to that property . He said the Parcel B property had been acquired from the Hendricksons in 1985. Redpath asked how this affects the purchase price of r the Hendrickson property. Lambert said we 're just buying less land . ( Pidcock asked why such proceedings don 't automatically !., include a survey. Lambert said we do now but that this occurred in 1976 . She asked why it has taken ten years to settle this . Lambert said that when we first found out about it there was no reason to go to court but that Mrs. Jacques now wants something settled on this. MOTION: Pidcock moved , seconded by Anderson, to accept the Staff recommendation that the City convey a quit claim deed to Mrs . Jacques for Parcels A and B, that Staff obtain a quit claim deed from Mrs . jacqucs for the small portion of land on the north of Parcel B, and, further, that the exact boundaries be determined by a survey. Motion carried unanimously. 2 . Staring Lake Equestrian Trail Director of Community Services Lambert referred to his memo of September 30, 1986 that reviewed this item. He said that Staff is recommending the national stan- dards for horse trails be adopted and that the eques- trian trail within Staring Lake Park be eliminated . Peterson asked if the request from the Eden Prairie Horsemen for one last ride on the Staring Lake trail had been approved Lambert said it had been approved except for one portion of the trail. k k i i City Council Minutes -18- October 7, 1986 Anderson asked if the recommendation includes extend- ing the trail from the corral down to the river bottoms . Lambert said that was included in a request from the Eden Prairie Horsemen but that further discussion was necessary on that request . MOTION: Bentley moved . seconded by Anderson, to accept the Staff recommendation to adopt the proposed horse trail guidelines and to eliminate the equestrian trail within Staring Lake Park . Motion carried unanimously. 3 . Edenvale Conservancy Area Trail (continued from Sep- tember 2 , 1986) Director of Community Services Lambert noted that this item was continued from the September 2nd meeting in order to allow Staff time to work out something with the residents . He noted his memorandum of September 23 , 1986. on the subject . 4 Lambert said Staff is now making the following three 3 recommendations one , to conduct a survey of the resi- dents to determine the demand for a bridge across the creek; two, to mow the top of the interceptor line to provide limited access for nature observations and three, to work with the naturalists in the Hennepin Parks System on developing a proposed trail system that would provide access to the western part of the marsh. Peterson said his first reaction to the proposed survey was not favorable because he thought it was difficult to adequately present the proposal graphically and that he is not enthusiastic about surveys, generally. He said he thought it was important to have a large survey urca I nc.i.iiueu ii i t is conducted . y A Anderson noted that we got to this point because we wanted to know where the logical place was to cross the creek since it was important to provide a place to cross for everyone in the community. He said he was against the survey issue only and was in favor of the wildlife area recommendations . F Lambert said there are clearly two issues= one is the marsh and nature trail , and the other is the transpor- tation connection across the creek . Bentley said he had a problem with the survey approach, therefore he would like to deal with Items 2-4 in Lam- ( bert ' s memo now and continue the question of the survey. City Council Minutes -19-- October 7 , 1986 Redpath said he agreed with postponing the survey issue . Michele Kopfmann, 15560 Edgewood Ct . , said she was the only resident here due to a lack of understanding about the discussion on this issue tonight . City Attorney Pauly noted that, since the petition for an E.A .W. had been presented by a group of resi- dents represented by Mr. Cullen, we should ask them to withdraw that petition if they don't want us to proceed . The consensus was to continue consideration of the E.A .W. to allow time for the residents to decide whether to withdraw the petition. MOTION: Bentley moved, seconded by Redpath, to approve recommendations 2, 3 and 4 of the Staff Report of September 23 , 1986, and to continue to the second meet- ing in November both recommendation one , regarding a survey of the residents, and the consideration of an E.A .W. Motion carried unanimously. E. Resort of Director of Public Works 1 . Award Contract of 1986 Lime Sludge Removal I .C. 2- ` 0 Resolution No . 86-262 ) �: 1 Director of Public Works Dietz reviewed the bide re- 1 ceived for this project and noted the recommendation to award the bid to L. & G. Rehbein, Inc . , in the amount of $96,000. MOTION: Bentley movedv seconded by Pidcock, to adopt Resolution No. 86-262. acceDti.ng the bid of I.. do G. Rehbe in, inc . , for I.C . 52-i 06 , Lime Sludge Removal and Disposal . Motion carried unanimously. X I . NEW BUSINESS There was none . XI I . ADJ OURNMENT MOTION: Redpath moved , seconded by Bentley, to adjourn the meeting at 12:05 AN. Motion carried unanimously . I