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HomeMy WebLinkAboutCity Council - 06/17/1986 • �Z "s .1 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY , June 17, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM COUIW�IL 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 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: Councilmember Pidcock was absent . PRESENTATION OF PLAQUE RECOGNIZING JOHN SWORD FOR TEN YEARS OF ff SERVICE AS A POLICE RESERVE OFFICER t. Mayor Peterson presented a citation plaque and a letter of recogni- tion to John Sword for his ten years of service as a Police Reserve Officer. The Mayor explained that the reserve program was initiated in 1983 to aid and support the regular Police Officers and that Reserve Officers must work as unpaid volunteers for a minimum of 120 hours per year in a variety of public safety roles . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agendas IX . A . 1 . Letter from Doug Reuter; X . A. Consideration off"Resolution No . -1 1 Changes in- Prec lhct Boundaries and Polling aces. MOTION: Anderson moved , seconded by Bentley , to approve the Agenda and Other Items of Business as amended and published . Motion carried unanimously. II . MINUTES A . Special City Council Meeting held Friday. MAY .30, 1986 MOTION: Bentley moved , seconded by Anderson, to approve the Minutes of the Special City Council Meeting held Friday , May 30, 1986, as published . Motion carried unanimously. City Council Minutes -2- June 17 , 1986 a t B . Regular City Council Meeting held Tuesday, June 3 , 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the regular City Council Meeting held E Tuesday, June 3, 1986 , as published . Motion carried unanimously. III . CONSENT CALENDAR A . 2nd Reading of Ordinance No . 31-86, Sprinkling Ban Amend- ment ' B . Award Contract for PCB Transformer Replacement at Water Treatment Plante I .C . 52-098 Resolution No . - 38 C . Final Plat Approval for Primeland_ 4th Addition (east side of C-1—ty West Parkway)- arkwa Resolution No .-86-139 D . Final Plat ARvroval for Hidden-Glen North 'east & west of Dell Road south of Townline Resolution No . 86-140 E . S c ial Assessment Agreement for the D. Holland Addition A F. Clerk ' s License List G. MOUNT CURVE ADDITION, by Mount Curve Developers . 2nd Reading of Ordinance #25-85, Zoning District Change from the Rural District to the RM-6 .5 District ; Approval of g Developer' s Agreement for Mount Curve Addition= and Adop- tion of Resolution No . 86-130 , Approving; Summary of Ordi- nance #25-85 and Ordering Publication of Said Summary. 2 .87 acres into nine lots for seven townhouse units . Location: Southwest corner of Franlo Road and Mount Curve Road . (Ordinance #25-85, Rezonin Resolution #86-130, Approving Summary and Publication H. OLYMPIC HILLS 7TH ADDITION, by Olympic Hills Land Corpora- tion . 2nd Reading of Ordinance #13-86, Zoning District Change from the Rural District to the R1-13 .5 District ; Approval of Developer' s Agreement for Olympic Hills 7th Addition= and Adoption of Resolution #86-131 . Approving Summary of Ordinance #13-86 and Ordering Publication of Said Summary. 1 .05 acres for construction of three single family homes . Locations 10602 , 10632 , 10662 Mount Curve Road . (Ordinance #13-86 , Rezoning; Resolution #66-96 , Approving Summary and Publication) I . TOUCH OF CLASS INTERIORS, by Kate and Craig Halverson. 2nd Reading oT Ord nance #14-86 , Zoning District Change from the Rural District to the Office District ; Approval k i City Council Minutes -3- June 17 , 1986 of Developer' s Agreement for Touch of Class Interiors; and Adoption of Resolution #86-132 . Approving Summary of Ordinance #14-86 and Ordering Publication of Said Summary. Location: Southwest quadrant of County Roads #1 and #18 . (Ordinance #14-86, Rezoning; Resolution #86-132, Approving Summary and Publication) J . HIDDEN GLEN NORTH, by Derrick Land Company. 2nd Reading of Ordinance 2 - -PUD-2-86, Zoning District Change from the Rural District to the PUD-2-86-teighborhood-Commercial District, to the PUD-2-86-RM-6 .5 District, to the PUD-2-86- R1-13 .5 District and to the PUD-2-86-R1-9 .5 District; Approval of Developer's Agreement for Hidden Glen North; and Adoption of Resolution #86-133. Approving Summary of Ordinance #21 -86-PUD-2-86, and Ordering Publication of Said Summary. Neighborhood Commercial on 2 .10 acres . Rural to Rm-2 .5 on 10 .95 acres, Rural to RI-9 .5 on 22 .72 acres , Rural to R1-13 .5 on 8 .13 acres , into 119 lots, one outlot, and road right-of-way. Location: Southeast quadrant of High- way #101 and Townline Road . (Ordinance #21-86-PUD-2-86, Rezoning; Resolution #86-133 , Approving Summary and Pub- lication) c K. FLAGSHIP ATHLETIC CLUB, by Flagship Athletic Club. 2nd Reading of Ordinance 25-86, Zoning District Change from the Rural District to the Commercial-Regional-Service Dis- trict ; Approval of Amendment to Developer' s Agreement of the Eden Prairie Athletic Club Agreement; and Adoption of Resolution #66-134, Approving Summary of Ordinance #25-86, and Ordering Publication of Said Summary. 27 .4 acres into 2 lots and 2 outlots and road right-of-way for parking lot expansion. Location: West of Prairie Center Drive at Singletree Lane . (Ordinance #25-86, Rezoning; Resolution #86-134, Approving Summary and Publication) L . BLUFFS WEST TH ADDITION, by the Bluffs Company. 2nd Read- ing of Ordinance 10 - , Rezoning from the Rl-22 District to the RI -13 .5 District ; Approval of Developer' s Agreement for Bluffs West 5th Addition; and Adoption of Resolution #86-145 , Authorizing Summary of Ordinance #106-84 and Ordering Publication of Said Summary. 14.5 acres for 29 single family lots , south of Riverview Road, along West Riverview Road . (Ordinance 106-84, Rezonin ; Resolution #86-145, Authorizing Summary and Resolutiong M . Approve Plans & Specifications for Wyndham Knoll (South of W. 62nd Street, East of Hwy . I .Co 52-097, Phase eso u ion o . 56-146 ) 31 City Council Minutes -4- June 17, 1986 MOTION: Bentley moved, seconded by Anderson, to approve Items A - M on the Consent Calendar. Motion carried unani- mously . IV . PUBLIC HEARINGS A . CONSIDER DRAINAGE IMPROVEMENTS IN BLUFFS WEST TH ADDITION AND VICINITY: I .C . 52-0 Resolution No . -1 1 City Manager Jullie stated notice of this Public Hearing had been published and property owners affected had been notified . He noted that this project had been ordered following a Public Hearing over a year ago, but the devel- oper did not continue the development after the project was approved . He said that a new developer is proposing to go ahead with development thus requiring the drainage improvements and , .further, that a second Public Hearing is required because more than a year has elapsed since the first hearing was held. y Director of Public Works Dietz noted that nothing has changed in the proposal since the first Public Hearing in February, . F 1985 . He said that the cost will probably be about 5% higher due to increased costs over the past year and a half . He referred to the Feasibility Report prepared on the pro- ject before the first Public Hearing. that presented six alternatives to solve the drainage problems in the area of Bluffs West 2nd and 5th . He reviewed the alternative that was recommended to solve the drainage problem and said that the estimated cost for the project was $274,000 at that time and would be 5% higher at current prices . He further noted that $150, 000 would be paid for by Hustad Development and that the assessment rate is 12 .30 per square foot . t rates had changed since last Anderson asked if the interest ra g year. Dietz said the rates should be slightly lower but that he had not changed any of the figures to reflect the lower rates . Dr. James Diehl , 10530 W. Riverview Dr. , expressed concern regarding the procedure used to determine what percentage of each lot drains into the project area . Dietz responded that , while the assumption was that half of each lot would drain towards the street, the engineering staff would have to go out and determine where the drainage line falls after the project is completed . Charles Koshenina, 10541 E . Riverview Dr. , commented on the location of the holding pond being near the plume of con- tamina-tion from the landfill and asked who would bear the i City Council Minutes -5- June 17, 1986 Y responsibility for repair and maintenance of the pond . Dietz said that the pond would be used for sedimentation and that the City would repair and maintain the pond . Gail Diehl, 10530 W. Riverview Dr. , asked what protection there would be for the wildlife in the area if the pond becomes contaminated from the landfill . Dietz said that could be taken into consideration as the final design of the project is developed . He also noted that he was not sure of the relationship between the area of the contamina- tion plume and the location of the pond . Red path asked if the drainage project could work without the pond . Dietz responded that it could but that the pond would be beneficial to keep sand and gravel deposits out of the marsh area and to trap heavy metals as well as some greases and oils . Koshenina commented that he thought eliminating the pond was a good idea as it would also help mosquito and insect control as well as avoid wildlife contamination. Dietz said q that the suggestion will be considered and that the Water- shed District and D .N.R. must review the project and they may require some modifications in the location and design of the pond that might resolve the issue . Koshenina asked if the slough hole at the south end of Concord and Riverview Road would be filled in as part of the project . Dietz said that. while the City does not own that property, there will be a piping system put in to connect the catch basins and pipe drains in the streets so that water will be diverted from the area. Brian Keegan, 10510 W. Riverview Dr. . expressed his concern that this project is being ordered and implemented for the benefit of the developer and that his property will receive no benefit from it even though he will be assessed for it . y e MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing. Motion carried unanimously . MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No . 86-141 ordering improvements and prepara- tion of plans and specifications for I.C . 52-069, Bluffs West Vicinity Storm Sewer, and directing staff to investi- gate with the Watershed District the questions concerning the need for and location of the holding pond and to check with the landowners regarding their specific concerns about f drainage on their property . Motion carried unanimously. as .s City Council Minutes -6- June 17, 1986 � 4 B . CONSIDER STREET IMPROVEMENTS ON VALLEY VIEW ROAD BETWEEN CSAH 4 AND MITCHELL ROAD I .C .- 1 -2 2 Resolution No. - 2 City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . He noted that, while this im- provement had been ordered foilowing a Public Hearing last year, more than one year has elapsed since that deci- sion and State Statu'.0 requires that the project be con- sidered again at a Public Hearing. Director of Public Works Dietz reviewed the project details and noted that just before bids for the project were to begin this spring, word was received that the Chicago & Northwestern Railroad had authorized a Feasibility Study to consider abandoning the rail line . He said that, since the project included a $600 ,000 bridge structure over the rail line , the decision was made by the Council at that time to put the project on hold . He noted that we have learned that a decision by the railroad may not be forth- coming soon, as abandonment requires up to two years for Public Hearings before the I .C .C . and other agencies . Dietz further stated that , because of the probable length of time before a decision is reached on abandonment, plans for this project were revised to include a temporary trestle over the rail line that will cost about $100,000 . He noted that , other than the change in the bridge structure , the project is essentially the same as it was last year and that the proposed assessments have not changed . He then reviewed the costs of the project and the three categories of assessments for the project--the existing single i'amily residences , Edenvale Golf Course and the remaining parcels adjacent to Valley View Road . He said that costs could be up to 5% higher than the estimates of last year. Peterson asked what the projected life of the temporary trestle would be . Dietz said that it would last longer than the increased traffic could be tolerated and that, if it becomes evident that the rail line will not be abandoned, the bridge would probably have to then be constructed . Bentley asked if the assessments proposed on the residential property would be the same as those assessments for any typical residential street ; that is, that this is not an assessment for an over-sized road . Dietz responded that the assessment for the residential property was about half that of a typical residential street . City Council Minutes -?- June 17, 1986 Anderson asked if Edenvale Boulevard would be closed down. Dietz said it would not be closed down completely . Ander- son then asked if a new creek crossing would be built. Dietz said there would be a new box culvert constructed south of the existing location. And e rSnn SYe.i _-'bout the rn -nrnnvc�i _a i 1 and Sidewalk -- systems . Dietz responded that there would be an eight- foot wide bike trail on the south side from Hwy #4 to Eaenvale Boulevard and a five-foot concrete sidewalk on the north from. Hwy #4 to Mitchell Road except for the ex- isting section of bituminous trail on the north side of the road . Dwaine Voas, 15807 Valley View Rd . , presented a letter to the Council (Attachment A) expressing his concerns regard- ing his property and the road reconstruction in general . He noted his concern regarding compensation for condemna- tion of his property for the storm sewer and thet consider- ation should be given to expanding Valley View to four-lanes all the way to Hwy. #4 at this time because of the traffic levels that will continue to increase . Dietz noted that a four-lane facility to Hwy #4 would require a substantial amount of right-of-way taking and that most of what is in the current project can be done within the existing right- of-way. Dave Bowers, 15800 Valley View Rd . , expressed concerns about being assessed for the proposed park trail improvements, and the large total assessments that would be made for the rela- tively large lots along Valley View. He was concerned about the cost for the tunnel being shared with the golf course and also asked if a study could be made to determine the cost of putting the utility lines underground . K . D . Sien, 7400 Ontario, noted his concern about the resi- dents paying for the commercial developments in the City and about the proposed speed limit for the new Valley View Road . Bentley noted that the commercial developers pay more than their share of property taxes in the City and said that he felt this is a fair assessment for all those involved in the project . Dietz noted that the road would be designed for 40 mph maximum, but that the road would be signed at 35 mph. He also noted that the underpass at the golf course was included as an alternative to a signal light at that point and that the cost paid by the City for one-half of the tunnel would z ;x City Council Minutes -8- June 17. 1986 be about the same as the cost for the signal light . He also reviewed the proposed park trail improvements . Finette Dufour, 7300 Ontario Blvd . , noted that the trails will increase biking and hiking traffic and said that she believed the road should be posted for 30 mph Dietz explained the relationship of the road design to the pro- Anderson noted his concern that we may be penny-wise and pound-foolish by not expanding Valley View Road to four- lanes on the western section of the project . Dietz noted that the traffic volume is on the border line of two-lane versus four-lane but reiterated that the expansion would take a lot of right-of-way from the residences along Valley View and thus would be Quite costly. Tim Dufour, 7300 Ontario Blvd . , asked how the assessments would be made for his development of Prairie Knolls . Dietz said that the assessment for his residence should have been included in his escrow account . Tom Robertson, 7003 Woodland Dr. , asked if the plans shown for the temporary trestle over the rail line were the latest plans . Dietz said they were . Bernard Neumann, 15917 Valley View Rd . . objected to the cost of the project as it would be assessed for his wide lot and noted that other roads feeding into Valley View get as much benefit as residents along Valley View. Peterson noted that the assessment to the residents is pri- marily for curb and gutter improvements and that the cost of street improvements is being borne by all City residents. Dietz noted that we have tried to keep a consistent assess- ment method and that at some point all residents will pay for half the residential street in front of their homes . Dietz further noted that there will be another Public Hearing 3 after the project has been awarded to go through the special assessment process . Peterson said that anyone who gets an assessment that he feels is inappropriate can appeal and the City must then prove that the assessment is equitable . Voas asked if there would be traffic signals at the major intersections . Dietz responded that there were none in the current project but that signals would be considered as the need arises in the future . ; City Council Minutes -9- June 17, 1986 MOTION: Anderson moved, seconded by Bentley, to close the Public Hearings and adopt Resolution No . 86-142 authorizing preparation of plans and specifications for I .C . 51-272, Valleyy View Road Improvements between Mitchell Road and CSAH 4. Motion carried unanimously. C . IDLEWILD OFFICE CENTER 3RD ADDITION, by Land 'Sake, Inc . Request I or Zoning District Change from Rural to Office x on 0 .66 acres with Shoreland, and parking setback variances to be reviewed by the Board of Appeals, Preliminary Plat- ting of 2 .1 acre into 1 lot and 1 outlot for construction of a 14, 000 square foot building. Location: Incest of High- way #169, north of Eden Road . (Ordinance #32-86, Rezoning; Resolution #86-135, Preliminary Plat) i City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified . Tom Heiberg, the proponent, addressed the proposal . Planning Director Enger said that the Planning Commission r reviewed the project at its May 27. 1986 meeting and , on a 5-0 vote , recommended approval of the Zoning District Change and Preliminary Plat subject to the recommendations contained in the Staf f Report of May 23rd . Director of Community Services Lambert said that the Parks: Recreation & Natural Resources Commission reviewed this item at its June 2nd meeting and recommended approval per the Planning Staff recommendations , except that the Parks Com- mission recommended the sidewalk/stairway extension from the trail along the lake to the sidewalk along Eden Road be paid for by the City . He further noted that Staff had con- tacted representatives of Rosemount Engineering to see if they would allow the trail to be extended on their property so that it could be completed around the entire lake . He said Rosemount is considering the request and will get back to us on it . Peterson asked who would maintain the stairway and trail during the winter . Lambert said the City would maintain it since it is a public trail but that Rosemount was concerned about leaving the trail open in the winter because of the open water on the lake . Bentley asked about the discrepancy in the information available regarding the size of the lots for the project . / Enger said that the total for the Plat should be 2 .7 acres , y City Council Minutes -10- June 17. 1986 and that 0.66 acres is the portion that is not currently zoned for office. Bentley asked about the size of the southern parcel and the floor area ratio . Enger said the parcel is 1 .2 acres and the floor area ratio is 25 .9%. Anderson asked about the drainage of Lake Idlewild . Lam- bert noted that there is an outlet , thus providing an established normal level for the lake . There were no comments from the audience . MOTION: Bentley moved , seconded by Redpath, to close the Puolic Hearing and adopt 1st Reading of Ordinance No . 32-86 for Rezoning from Rural to Office . Motion carried unani- mously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-135 approving the Preliminary Plat dated a June 11 , 1986 of Idlewild Office Center 3rd Addition for Land 'Sake , Inc . Motion carried unanimously . MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer' s Agreement per staff and Commission f recommendations . Motion carried. unanimously . t D . CMS REGIONAL iJ.:A.DQUARTERS, by Welsh. Construction Corp. Re- quest for Planned Unit DevelopmentConcept Amendment Review on approximately 100 acres, Planned Unit Development District Review on approximately 23 acres with variances, Zoning District Change from Rural to I-2 Park on 3 .24 acres, and Preliminary Platting of 5 .25 acres into 2 lots for construc- tion of a 33,000 square foot building. Location: West of Executive Drive , north and east of Equitable Drive . (Reso- lution #86-136 , PUD Concept Amendment ; Ordinance #33-86, Rezoning; Resolution #86-137 . Preliminary Plat ) City Manager Jullie stated that notice of this Public Hear- ing had been published and property owners within the project vicinity had been notified . Paul Dunn and Darrell Anderson, representing proponent, addressed the proposal . r Planning Director Enger said that the Planning Commission d reviewed this item at its May 27, 1986 meeting and , on a 5-0 vote, recommended approval of the PUD Concept Amendment and District Review and the Preliminary Plat of 5 .25 acres sub - ject to the recommendations contained in the Staff Report of May 23rd . He further noted that Staff would be reviewing a revised landscaping plan prior to the issuance of a building permit r" z� City Council Minutes -11- June 17, 1986 Peterson asked if any consideration had been given by Staff z or Commission as to the effect of the possible future ex- pansion on the greenspace . Enger said there would be less greenspace if the building is expanded . Darrell Anderson A pointed out the area of expansion on the project drawings . Counc ilmember Anderson asked about the view of the project ' s parking area from the nearbv apartment buildings . Enger said there would be a partial view but that there are in- tervening buildings and an elevation difference. r Redpath asked if there would be semi-trailers parking there 24-hours a day. Dunn said that , with the proposed occupant who has a ten-year lease . there will be two large truck deliveries a week and that there will be no over-night truck parking. There were no comments from the audience . MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No . 86-136 for PUD Con- cept Amendment to the cverall Edenval.e Industrial Park 9th Addition PUD . Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt 1st Reading of Ordinance No . 33-86 for Rezoning from Rural to I-2 Park. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Reso- lution No . 86-137 approving the Preliminary Plat of CMS Regional Headquarters, Welsh Construction Corp. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct staff to prepare a Developer' s Agreement incorporating recommenda- tions of the Planning Commission and staff. Motion carried unanimously. g Dunn then asked the Council for permission to construct footings and foundations prior to the 2nd Reading. Enger noted that it would probably be about a month before the 2nd Reading is scheduled , but also noted that he would hesitate to set a precedent by granting such permission. Councilmember Anderson noted his concern about setting a precedent by granting this request for early construction and said that he felt proponent could use other means to meet the deadlines for construction. 4 City Council Minutes -12- June 17, 1986 Redpath asked if it would be possible to speed up the Developer's Agreement . Enger said that under extreme cir- cumstanees a Developer' s Agreement has been completed in two weeks, but noted that he didn't feel these circumstances were that extreme nor was it a case of a delay being caused by the City ' s planning and approval process . Bentley noted he felt that the problem is not one of past performance , but rather it is a case of establishing a precedent that will return to haunt us . Peterson asked if the footing and foundation permit could be issued on the date that the Developer' s Agreement is signed . Dietz said that normally any building permit is contingent upon Plat approval because the property is not considered a buildable lot until the Plat is approved, a Developer's Agreement is signed and the fees are paid . Dietz further said that any change in the usual process is likely to cause confusion and mistakes will then be made . The consensus of the Council was to deny the request for an early footings and foundation permit . E . REQUEST FOR MUNICIPAL INDUSTRIAL DEVE 0 NT BONDS IN THE AMOUNT OF 1 000 FOR THE EXPANSION OF CASTLE RIDGE CARE CENTER NURSING HOME Resolution No . 86-144) City Manager Jullie stated that notice of this Public Hearing had been published and posted . He said that proponents want to construct an additional 21 "assisted care" units on the current nursing home facility, and that the MIDB issue of May, 1982 to Twin City Christian Homes provided for the possibility of a second series of bonds in the future . Jean Mulder, representing proponents, was available to answer questions . Bentley asked if they had considered expanding into -.he existing Castle Ridge Condominium facility rather than con- structing a new wing. Mulder said that they had looked into it but the cost was prohibitive and that the units in the existing facility did not meet the requirements of the pro- posed living facilities . She also noted that they needed to get their own heating and cooling units so that they do not have to depend on the Condominium facility for heat and cooling. Bentley said he thought the primary issue was, as before ,,. that they are proposing a public sale . He noted that they Y _h^w t'. City Council Minutes -13 June 17, 10,86 now have about a 9% Equity position, representing an im- provement over the first issue when there was no equity involved . Redpath asked Finance Director Frane if this proposal would subtract from our overall MIDB. Frane responded that it does not as the City no longer has the absolute right to issue bonds . There were no comments from the audience . MOTIONS Bentley moved, seconded by Redpatho to ap rove Resolution No . 86-144 for Preliminary Approval of 1 ,175t000 in MIDBs . Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 27701 - 27968 MOTION: Anderson moved, seconded by Redpath, to approve the Payment of Claims Nos . 27701 - 27968 . Roll call vote : Anderson, Bentley, Redpath and Peterson voted "aye" . Motion carried unani- mously . V I . PETITIONS, REQUESTS & COMMUNICATIONS There were none . VII . REPORTS OF ADVISORY COMMISSIONS There were no reports . V III . APPOINTMENTS There were no appointments . IX . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council Members 1. . Letter from Doug Reuter City Attorney Pauly commented on the letter received from Doug Reuter dated June 6, 1986, that suggested cancelling City Code Section 204 which is a code of ethics for public officials and provides for certain } disclosure of property interests . Pauly said he thought that section could be repealed at the discretion of the Council . Bentley noted his interpretation of the letter to be that Reuter was stating that the section of code had to be repealed since it unduly restricted the rights of candidates to raise campaign contributions . a "u. City Council Minutes -1 4- June 17, 1986 s Peterson then asked City Attorney Pauly to review the letter and to present his opinion on it at the next Council meeting. He also suggested that Finance Direc- tor Frane give Pauly any input he has regarding campaign contributions . B . Report of City Manager City Manager Jullie noted the events at the Metropolitan Council regarding the landfill variances and said that Pauly would expand on those events in his report. b C . Report of City Attorney City Attorney Pauly reported on the events during the prev- ious week during which the Met Council Advisory Commi+tee considered the adequacy of the final E . I .S. on the Minnea- polis recovery system that includes the transfer stations . He said we had asked the Committee to not advise the Met Council of the adequacy of the E . I.S . because it did not treat the alternate sites in Eden Prairie as they should have been treated ; however, the Committee voted to recommend the E .I .S . as being complete and approved as adequate . Pauly noted that we are asking for a Supplemental E.I .S . in regard to the transfer stations. Pauly also reported on the request for variance on the Flying Cloud landfill . He said that the Advisory Committee voted that the variance be granted. He said this occurred despite the fact that the Met Council staff had come out against the variance and recommended that it not be granted . He said that we have submitted a letter to the Environmental Resources Committee and will be making a presentation at the Committee meeting tomorrow. D. Report of Director of Public Works a 1 . Bids for Water Treatment Plant Expansions I .C . 52-072 Director of Public Works Dietz said that four bids have been received for the ex nsion. He said that the City Engineers had estimated $5 .5 million for the project and the low bid was $5v050,000. He said that the low bidder, Shaw-Lundquist , had called after submitting their bid to say they had made a mistake . He said that because of the complications caused by this situation, Staff is not ready to make a recommendation now but will have one prepared by the July 1st Council meeting. n City Council Minutes -15- June 17, 1986 Anderson asked about the problems with the City water supply and about the effect of the sprinkling ban. Dietz reported on the condition of the water supply during the hot weather and said that the sprinkling ban could now be enforced as a result of tonight 's 2nd Reading. Anderson commented that the water level in Round Lake was quite a bit lower and asked if it was necessary to continue the pumping efforts . Dietz responded that they are trying to reach a certain level and , barring rainfall tonight , that level should be reached tomorrow. X . NEW BUSINE SS A . Consideration of Resolution No. 86-1 1 - Changes in Precinct Boundaries and Polling Places Finance Director Frane reviewed the proposed changes . He noted that , after this change , there can be no more precinct boundary changes until 1991 . Bentley asked if the population in the area of Precinct #5-B f would be sufficient to warrant this subdivision. Frane noted that the lines were drawn based on present population and estimated growth. A discussion of growth in that area ensued . Peterson asked why the precincts are designated 1A , 1B, etc . , rather than 1', 2 , etc . Bentley explained the relationship of precincts to political party elections where delegates are elected on a precinct basis; therefore, precinct boun- daries were set so that political parties would have ade- quate representation from a precinct . Frane said that there will probably be a major change in 1991 in the designation of the precincts . Redpath noted that it would have to be done before the precinct caucuses . Anderson asked why Precinct #4 does not include the area of St . Johns Woods as he had received complaints from resi- dents there regarding confusion as to polling place . Frane said he thought it would be possible to change it so that j those residents could be included in Precinct #4. i MOTION: Redpath moved, seconded by Anderson, to approve Resolution No . 86-131 establishing Precinct Boundaries and Polling Places with the recommended change in the boundary of Precinct #4. Motion carried unanimously. City Council Minutes -16- June 17, 1986 Planning Director Enger distributed summary position papers for the M.D .I .F. Public Hearing to be held next Wednesday. He noted that the southwest communities are preparing a list of the officials who would like to speak at the Public Hearing. X I . ADJOURNMENT f MOTION: Bentley moved, seconded by Anderson, to adjourn the Meeting at 11 :00 FM. Motion carried unanimously. i y i i t 1 i g j 1