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HomeMy WebLinkAboutCity Council - 04/03/1990 EDEN PRAIRIE CITY COUNCIL APPROVED MINUTES TUESDAY, APRIL 3 , 1990 7 : 30 PM CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS : Mayor Gary Peterson, Richard Anderson, Jean Harris , Patricia Pidcock, and Douglas Tenpas CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks , Recreation & Natural Resources Robert Lambert , Director of Public Works Gene Dietz , and Recording Secretary Roberta Wick. PLEDGE OF ALLEGIANCE ROLL CALL: All members present PROCLAMATION FOR DISABILITY AWARENES5 WEEK i Jeffrey Seale accepted the proclamation on behalf of the Eden Prairie Advisory Committee for Persons with Disabilities . This was presented by Mayor Peterson. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS s MOTION: a J Pidcock moved , seconded by Harris , to approve the agenda as published and amended. ADDITIONS: Pidcock added to Reports of Council Members, X-A, six items: 1 ) Discussion of sewer backup, 2 ) removal of trees at Wooddale Baptist Church, 3 ) deer buried at the MnDOT building , 4 ) barking dogs, 5 ) cars without licenses, and 6 ) city manager review. Jullie added under VI , Ordinances and Resolutions , Resolution No. 90-77 amending Resolution *90-56 regarding vacation of Corral Lane; on Item X .C. , a brief report on a Landfill issue ; and under X.E . , Riley Lake Park Acquisition. a Motion carried 5-0. y I City Council Minutes 2 April 3, 1990 t II . MINUTES No minutes for approval at this time. III . CONSENT CALENDAR A. Clerk ' s License List B. Resolution No. 90-73 Proclaimina Earth Day 1990 and Earth Week in Eden Prairie C. Recommendation to Reject Bids for Two Rotary Mowers D. Recommendation to Accept Bids for Backstops at Carmel Park and Flying Cloud Fields E. Recommendation to Accept Bids for Turf Sweeper F. Chain-of-Lakes Plaque G. Approve Plans and specifications for Summit/Mgadowvale/Rgd Oak Drive Streets and Utilities and Order Advertisement for Bids. I .C. 52-166 Resolution No. 0-81 H . Receive 100% Petition and Qrder Preparation} of Plans d Specifications for anitary Sew2rDelegard Property. I .C. 52-197 Resolution No. 90-82 1 . Receive 100% Petits{} and Order Preparation of Plans and Specifications for Sanitary Sewer through Loscheider property. I .C . 52-198 Resolution No. 99-82 J. Final Plat Approval of Dean Swanson Addition - Located at the Northeast Cor0er of West StgrinR Lane and Ridge Road. Resolution No. 90-74 . K. Final Plat Approvalt South of RighNay �5 on the Wester© Border of Eden Prairie , Resolution Nc,e. 90-75 , L. pprove Revocation of State Amid Street Designation, for Research Road and P&rt of Mitchell Road . Resolution No. 90-78 M. Approve EstablishmentDe for Duck Luke Trail , Duck Lake Road. Edenvale Boulevard , V View Road. Fr&njo Road , of Mitchell Road, Twin Lakes Crossinxt and Staring Lake Parkway . Resolution No . 90-79 . i i i City Council Minutes 3 April 3, 1990 N. EDEN PLACE CENTER, by Prairie Entertainment Associates of Eden Prairie ( Frank's Nursery and Crafts ) . 2nd Reading of Ordinance No. 5-90-PUD-2-90, Rezoning from within the C-Reg-Ser District to PUD-2-90-C-Reg-Ser; Approval of Developer' s Agreement for Eden Place Center; Adoption of Resolution No . 90-93 , Authorizing Summary of Ordinance No. 5-90-PUD-2-90 and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-92 , Site Plan Review. (Ordinance No . 5-90-PUD- 90-92, PUD and Rezoning; Resolution No. 90-93 , Authorizing Summary and Publication; Resolution No. 90- 92 , Site Plan Review) O. PHHILLIPS 66 . 2nd Reading of Ordinance No. 11-90 , Rezoning within the Commercial Highway District; Approval of Developer' s Agreement for Phillips 66 and Owners ' Supplement to Developer's Agreement ; Adoption of Resolution *90-87 , Authorizing Summary of Ordinance No. 11-90 and ordering Publication of Said Summary; and Adoption of Resolution No. 90-86 , Site Plan Review. (Ordinance No. 11-90, Rezoning ; Resolution No. 90-87, Authorizing Summary and Publication; Resolution No. 90- 86 , Site Plan Review) ( P. CHI CHI 'S RESTAURANT, By Lariat Companies. 2nd Reading $ of Ordinance No. 12-90-PUD-6-90 Rezoning within the Commercial Regional Service District to PUD-2-90- Commercial-Regional-Service ; Approval of Developer' s Agreement for Chi Chi 's; Adoption of Resolution No. 90- 89 , Authorizing Summary of Ordinance No. 12-90-PUD-6-90 and Ordering Publication of Said Summary; Adoption of Resolution of 90-88, Site Plan Review. (Ordinance No. 12-90-PUD-6-90; Resolution No . 90-89, Authorizing Summary and Publication; Resolution No. 90-88 , Site Plan Review) i Q. ALFINE CENIER, By Lariat Companies. 2nd Reading of Ordinance No . 47-89-PUD-10-89, Rezoning from Office to PUD-10-89-Commercial-Regional-Service ; Approval of Developer 's Agreement for Alpine Center; Adoption of Resolution No . 90-91 Authorizing Summary of Ordinance No. 47-89-PUD-10-89, and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-90 , Site Plan Review. (Ordinance No. 47-89-PUD-10-89, Rezoning ; Resolution No. 90-91 , Authorizing Summary and Publication; Resolution No. 90-90, Site Plan Review) City Council Minutes 4 April 3, 1990 MOTION Motion to approve the Consent Calendar with the exception of Item N was made by Pidcock, seconded by Harris , approved unanimously. ITEM N • On this item Enger reported that the City has continued to get calls on the condition of the rear of Ciotti ' s regarding trash pick-up and the unfinished status of the landscaping. The status of several items regarding this shopping center were as follows. The trash was picked up every day in the morning an weekly visits to the site show that the area was clean. This situation should be permanently resolved with the construction of the shopping center. One solution may be to have the trash enclosure built as the first portion of the construction. Second , was the finishing of the landscaping behind Ciotti ' s . It should have been completed when construction was finished on Ciotti ' s. Some trees had been planted but no finish grading or sodding installed. There has been an irrigation system installed. The restoration in the wooded area and the sodding of the berm directly behind Ciotti 's should be able to be completed within 60 days . The partnership owners were not being cooperative on that and the Council might want to consider what additional guarantees might be reasonable. The City usually has good compliance in situations like this when it has a cashier ' s check or a letter-of-credit. i Enger discussed the issue of sidewalk location. The current plans show the exact location and he suggested that it be placed concurrent with and prior to completion of the shopping center. The sidewalk would require a five-foot easement from the shopping center as not all of it would be on City property . For the landscaping in general , there should be a time limit for completion. It should be no longer than six months after the completion of the shopping center. Harris said that she would like to pursue guarantees of compliance with a cashier's check or a letter of credit on this issue. Tenpas asked for clarification of the ownership of this property. Was Ciotti ' s an owner or tenant , and were there two separate corporate entities involved in developing the site? Also when the Frank' s project t came through didn ' t the Council address that screening I City Council Minutes 5 April 3 , 1990 problem? Part of the building of the Frank' s addition was going to alleviate that problem. Enger replied that the property was in one ownership and was now being divided. Brody and Margolis owned it. Frank' s Nursery and Crafts would purchase a lot which would be split off at the boundary of its building. Tenpas said that it should be made clear that the trash problem is Ciatti 's and the landscaping and other issues were to be dealt with through the partnership. Anderson said he would like to see the City place a deadline which would be before winter sets in. Eighteen months was far too long to have the situation continue . Peterson asked if it wasn't reasonable to expect that the landscaping should be completed in the property behind Ciatti ' s and that the rest of the landscaping should be concurrent with the Frank's Nursery portion of it . Then the only unanswered question was whether to build the Ciatti ' s trash enclosure before construction of the Frank' s portion. j Enger said that to build it out of order might be quite expensive . At some point that trash enclosure would be completed. Staff questioned whether the proponent 's plan was good enough given the complaints Council had t received. s g Peterson asked Enger if filling in the old berm cut were done next week, would there be access for trash vehicles into the Ciotti facility? Enger replied that it would be a problem because there wouldn' t be a hard surface access. Harris said she thought that if the sodding and planting were done on the existing berm now it would go a long way to alleviating the unsightliness. Would this be completed before winter sets in at Frank' s? Paul Strother of Cluts, O 'Brien, Strother Architects said that what was under consideration was actually two projects -- Frank's and the rest of Eden Place Center. It ' s possible two contractors would be involved s although it ' s likely there would be only one. It `s the developer' s intention that upon approval , Frank' s will complete drawings. The partnership' s drawings were currently under way and as soon as possible, bids would be received and construction started on both parts. City Council Minutes 6 April 3, 1990 ( The center portion is contingent upon the viability of Frank ' s. Once that viability was established , it would start . In terms of timing , he said that plans were anticipated to be done in mid-April . Frank's plans would be done in mid-April . It would take two to four weeks to receive bids and construction could start in about a month. With that kind of timetable the project would be complete by the fall season so that the landscaping could be in place . Mr. Strother stated that early work on the trash enclosure would be difficult to do because of footing work and excavation. It would all have to come together at one time . That part could be first to be completed and would speed things up about a month or SO . Anderson asked if the berm on the back side could be done by winter. Strother replied that the back will be done last but could be done by freeze-up. Pauly said either a letter-of-credit or a bond or some other security could be used as a guarantee . However, if this work was not accomplished by fall , it was unlikely that the city could cause it to be accomplished by fall because it couldn' t start something at freeze-up. John Winston spoke for Frank ' s. He said he didn' t want to have Frank' s punished for the actions of the previous developer or the manager of Ciatti 's. Frank's was willing to do whatever was reasonable. He wanted reasonable time limits to get it done . Harris assured Winston that the intent was not to penalize Frank' s but rather try to address an incompletion which had existed for many months . it appeared that sodding and plantings on the existing berm would go a long way to alleviating the problem. She said she was comfortable with putting some parameters that would insure completion of the plantings on the existing berming. Mayor Peterson recapped the two issues -- the plantings behind Ciatti ' s and the problem of the trash -- and said he believed 60 days was a reasonable time and some sort of financial guarantee would be requested. The only unresolved question was whether the trash would be managed better, and if not , to find other vehicles to insure compliance . City Council Minutes 7 April 3 , 1990 Tenpas asked when the hard surface was scheduled to be completed . If it ' s not completed by fall , then can the City require a bond? Pauly said it would create difficulty because a bond was always a front-end technique . It ' s not feasible to require it later in the process . Anderson stressed again that he would like to insure that the timetable would be met . Peterson asked Pauly if the Council could appropriately pass the second reading at this time with the Council 's stipulations. Pauly inquired from Enger as to the status was of the developer' s agreement. Enger replied that the developer's agreement was complete and in the Council packet this evening. It did not include the provisions in the tone being talked about this evening. If the Council didn' t do anything prior to building permit issuance, a bond or some kind of guarantee would need to be presented before the building permit would be issued to guarantee the remainder of the landscaping . The current form of the bonds did not give a minimum start time ; he suggested using a letter- of-credit , not a bond, because a letter-of-credit is easier to go after. Secondly , the landscaping should be completed within six months after the completion of the building. Anderson asked the status of the original bond. Enger replied that there was a bond on the landscaping . Several attempts had been made to get the landscaping behind Ciatti ' s completed . Part of the difficulty was that without cooperation, the City would have to go through legal procedures which are time-consuming and expensive . s Peterson suggested that this item be continued for two weeks to allow for some discussion between Pauly, Enger, and the owners to modify the agreement . MOTION Harris moved that this item be continued to April 17 with instructions to staff and the City Attorney to meet with the owners to adddress the issues. Motion seconded by Tenpas . Enger asked how the Council would feel about granting approvals contingent upon the developer meeting those concerns . No . Harris said she would teel comfortable with that and would amend her motion to so reflect. City Council Minutes 8 April 3 , 1990 Amended motion is approval contingent upon resolution of the issues. Tenpas agreed . Motion approved unanimously. IV . PUBLIC HEARINGS A. MINNESOTA VIKINGS INDOOR PRACTICE FACILITY , by Kraus Anderson Construction Company. Request for Planned Unit Development District Review on 15 acres with waivers , Site Plan Review and Zoning District Amendment within the I-2 Zoning District on 4 acres, Preliminary Plat of 15 acres into 1 lot for construction of an indoor football practice and training complex. Location : 9520 Viking Drive. A continued public hearing . (Ordinance *15-90-PUD-8-90, PUD District and Rezoning ; Resolution No. 90-84 , Preliminary Plat) Jeff Diamond, Assistant General Manager for the Minnesota Vikings , spoke for the proponent. There are three major reason for pursuing the project: ( 1 ) The Vikings are obliged to offer their facility to one of the Super Bowl teams in 1992 in conjunction with Minnesota's Super Bowl bid . The current bubble is not acceptable. ( 2 ) The bubble is ten years old and is at the end of its useful life . ( 3 ) The Vikings wish to have their training camps here instead of in Mankato and need a proper facility for that purpose in Eden Prairie . Gary Tushie from Tushie-Montomgery Associates spoke about the essentials of the project. He showed architect' s drawings of the planned facility with surrounding landscaping. Enger said that the Planning Commission reviewed this item at its October 23 meeting and made recommendations for approval to the Council . The Planning Commission t further recommended the use of the metal panel exterior material based on the following: ( 1 ) That 20% of the building was below grade , as proposed. (2 ) That the natural features along the west and east elevations helped to block the view of the building. ( 3 ) That t metal was common and unique to the indoor practice facilities because of the height , size, and structural requirements . The Planning Commission further recognized the following as mitigating measures for the height variance request: the relationship to other buildings in the area which included the office tower located directly to the east ; second the location near I-494 ; third , the building was tucked into the hill to reduce the impact on the south and east building City Council Minutes 9 April 3, 1990 elevations ; fourth, there were natural the features of hills and trees which helped to block the view. This would be the largest metal building in Eden Prairie and the Planning Commission was trying to make recommendations in such a way that it did not set a precedent for other proposals for a metal building . The Staff report of October 20 recommended approval subject to the following : That the land use and building was unique to the Minnesota Vikings and would not create a precedent for industrial buildings, and they had provided adequate justification for landscaping, height , and exterior building materials as requested . Prior to the Council review the proponent would submit building materials , colors and samples. Tushie discussed the details of the design of the building which would be a white or light-colored building . Enger continued by saying prior to final plat the proponent shall submit detailed storm eater runoff and erosion control plan for review by the Watershed DiEtrict and the City Engineer. In the wooded area there would be a large amount of tree removal and replacement ; the Planning Commission decided the Vikings could be granted relief from a portion of the replacement criteria because replacement that much plant material would be tight on the site. Since that time recommendations from the Park and Recreation Commission would have the Vikings comply fully with the policy. The change in the roof is in line with Planning Commission recommendations. Enger asked the proponent if the existing bubble would be taken down and what the use of the three-quarter field would be. He also asked how many players would be there during training camp and how does that affect parking on the site . Lambert gave the report of the Park and Recreation Commission . The Commission reviewed the proposal on November 6 and had two main concerns: ( 1 ) On the east side of the building there was a one-to-one slope and there was some concern about the water coming off the building on to such a slope. ( 2 ) In relation to the trees, the Parks Commission concurred that the total should not be reduced less than 744 caliper inches. It recommended to approve the proposal on a 5-0 vote subject to including the additional 204 caliper inches located somewhere on the site. City Council Minutes 10 April 3, 1990 Diamond addressed the parking space issue . There were 104 spaces but during training, over half the players are from out of town and would be bussed from local hotels, so parking should be no problem. Anderson asked Enger if a 40-foot hill was going to be taken down . Enger replied this was correct. Anderson asked what will be seen from the north side of the building. Mr. Tushie replied that the roof will be buffered by the grade change and the trees . Mr. Anderson asked if the roof would be white. Mr. Tushe replied that it will be a light color. Mr . Anderson asked if the color of the roof was open to discussion. Enger suggested that the elevations were repre- sentative of what would be seen and the color will be very important . He would suggested that Council might want to see the roof color before it was installed. Mr. Anderson suggested the proponent talk with staff on this . There were no further comments from the audience . MQTICAN Harris moved to close the hearing and approve the first reading of Ordinance #15-90-PUD-8-90. Pidcock seconded. Motion carried 5-0 . Harris moved adoption of Resolution 90-84 approving the preliminary plat and direct staff to prepare development agreement incorporating Commission and staff recommendations and most specifically addressing Anderson' s concerns . Pidcock seconded. Motion carried 5-0. B. ROUND LAKE VIEW ADDITION, by Zachman Development Company . Request for Zoning District Change from Rural to R1-9. 5 on 4. 55 acres , and Preliminary Platting of 15 . 31 acres into 15 single family lots , 1 outlot , and road right-of-way. Location: Northwest quadrant of Valley View Road and Duck Lake Road. (Ordinance *16- 90 . Rezoning and Resolution No. 90-85, Preliminary Plat ) Jullie said that notice of this public hearing was property announced and availed out to surrounding property owners . fr City Council Minutes 11 April 3. 1990 Bob Smith representing Zachman Development Company presented the plans for the area which included three different concepts that had been reviewed. He requested Preliminary Plat Approval of the project for 44 lots , and rezoning of approximately four-and-one- half acres of property at this location consisting of 15 lots in phase one . The remaining 10 acres of the site would remain in the possession of Rose Pavelka , the fee owner of the property, and would also remain unzoned to maintain the green acres status of the property. Additionally her property came out to the center of Duck Lake Road and it was proposed that Duck Lake Road would be platted with the proper dedicated public right-of-way. A 40-foot wide outlot for a walkway had been identified. A bituminous walkway would be installed on the outlot. Sidewalk would be installed on the entire project as the street was installed. One of the concerns was the double fronted lots on Duck Lake Road because the road was approximately 6 feet lower than the proposed back yards. A slight berm separating Duck Lake Road from the proposed house pads would be provided. One of the concerns of one of the residents of the Muirfield Addition was the amount of storm water runoffs' on the west side of the property. Smith pointed out one-third of the water would be directed into a swale and the rest into the street into catch basins. The proposal includes the planting of one tree per lot. A landscape plan had been submitted on Phase One . Enger said that the Planning Commission reviewed this item at its March 12 meeting and recommended approval on a 7-0 vote subject to the recommendations of the staff report of March 9 and plans dated February 28. ti Lambert said the Parks Commission reviewed this at the March 19 meeting and recommended approval on a 4-0 vote per the staff report . Anderson asked if the City will provide the trail to the school and maintain it. Lambert replied that the developer would install a trail on the property. The City will construct a trail from that trail into tfte school park site. This would be done this year. k 9 Anderson also asked if it would be better to put boulevard trees in this area rather than one tree per # lot because the lots are so close. Dietz said that the q boulevards get congested with gas , electric and telephone lines so more right of way would be needed . City Council Minutes 12 April 3, 1990 Anderson said he would like to begin looking at the advantages of trees for the environment . Dietz said an alternative would be to put them on a setback to the street , but they would be on private property in that case . Lambert pointed out the difficulty of maintaining trees when salt is put on them in the winter. Smith said that the plan to place them within five feet of the property line would make them look as much as possible like boulevard trees. There were no further comments from the audience. MOTION Anderson moved that the public hearing be closed and that the first reading of Ordinance 16-94 for rezoning be approved. Seconded by Pidcock. Motion carried 5-0 . Anderson moved that Resolution 90-85 be adopted approving the preliminary plat and direct staff to prepare a developer' s agreement incorporating the Commission and staff recommendations. Seconded by Pidcock. Motion carried 5-0. C. Approve Special s men for a FireSystem / at 9051 Flying Cloud Drive I .C. 52-181 BesQlution No. 90-76 Jullie said that notice has been properly published for this item. This is for a sprinkler system special assessment . Our codes require us to go through this process to help facilitate and encourage the installation of fire-suppressing systems . There were no comments from the audience. MOTION i Pidcock moved that the public hearing be closed and that the Council adopt Resolution No. 90-76 approving a Special Assessment for a Fire Sprinkler System at this address . Tenpas seconded . Motion carried 5-0. V. PAYMENT ,OE CLAIMS Pidcock moved to approve the Payment of Claims. Roll call vote : Tenpas , Pidcock, Harris , Anderson, and Peterson all voted AYE . f r City Council Minutes 13 April 3, 1990 VI . ORDINANCES AND RESOLUTIONS Dietz presented a Resolution No. 90-77 to amend and action done on March 13 ( Resolution *90-56 ) regarding vacating a part of the right-of-way for Corral Lane . A portion of the right-of-way will revert to the west side of the roadway instead of the east side of the roadway as originally planned . MOTION Pidcock moved that Resolution #90-56 be amended and that it be made Resolution *90-77 . Anderson seconded. Motion carried 5-0. VTI . PETLIONS, _ REQUESTS & COMMUNICATIONS A . Request _for Liquor License from Bent Creek Golf Club, Inc . DBA: Edenvale Golf Course 3ullie reported that Edenvale Golf Course had submitted an application for on-sale liquor license and while the City had not been able to complete the background investigations, preliminary results reveal no concerns. He recommended granting the liquor license subJect to verification of these findings. H0:[I ON A Pidcock moved to grant the request for liquor license for Bent Creek Golf Club, Inc . Harris seconded. Motion carried 5-0. V III . REPORTS OF ADVISORY COMMI S, S IONS 1 I,_ APPOINTMENTS 2L, REPORTS OF OFFICERS. BOA13DyS & COMMISSI S F i A. Rcygr. is of Cemncil Members 1 ) Discussion on sewer backup Pidcock said she received a call on a sewer backup on Dell Road and the people in the cul-de-sac on Beacon Circle who have suffered significant amount of damage to their property from that backup. They were pleased at the letter that was set out from Mr. Dietz, and they were also asking that if the city has no liability for what happened , who does? There was an impact on these people should they ever want to sell as they will City Council Minutes 14 April 3, 1990 have to file a real estate disclosure telling of the backups. She requested that the staff investigate if there were miscalculations on the installation of that storm sewer. She asked if it were possible to send out a notice in utility bills explaining what can cause backups to occur. Dietz had given direction to his staff to check that line to make sure that there weren' t flaws in there. It was possible to send stuffers with the utility bills , but then the bills would go in an envelope rather than the postcard. 2 ) Removal of tregas at Wooddale Church Pidcock then asked Mr. Enger if he knew anything about the removal of trees at the Wooddale Baptist Church's parking lot. Enger replied that those trees are all within an approved area of removal for future phases. Some of them came out a little bit early because they needed some fill for the phase being worked on now. The church was not allowed to remove all the trees iminediately as it had originally wanted to do, but all the trees were covered in an approval for eventual removal . 3 ) Deer buried at HnDOT facility Pidcock asked about the deer buried in the MnDOT building on Bryant Lake Drive. Staff reported that the action has been taken to inform MnDOT that it cannot bury the road kills on that property in Eden Prairie. 4 ) Barking Doris Pidcock asked if anything can be done about dogs that are continually barking? Jullie said that the procedure is to contact the police and send the animal control officer out. Jullie also said that it' s easier to get results when more than Just one neighbor complains. 5 ) Unlicensed Cars Pidcock asked if somebody would investigate cars without licenses. She has heard of cars in the Willow Creek neighborhood parked on private property without licenses. City Council Minutes is April 3, 1990 6 ) City Manager Review Pidcock asked when the Council would be doing the City Manager review. Jullie said it has been about a year since the process was last done. Harris said she would like the specific goals they spoke about included in this review. Jullie said he could have material ready the first meeting in May. B. Report of the City Manager 1 ) Set Study Session for April 17 . 1920 MOTION Anderson moved, seconded by Tenpas, to set a special work session 6 :00 p.m. , April 17, to discuss community survey. Motion approved 5-0. C. Report of City A&torney 1 ) Status of Landfill Matters Mr. Pauly said that today Woodlake Sanitary Services had responded to the City's motion for summary disposition of its application for permit to expand Flying Cloud Landfill . That motion made by the City was on the basis that the PCA required approval of the FAA because of the proximity of Flying Cloud landfill . Woodlake's reponse was filing an action for declaratory Judgment in the Minnesota Court of Appeals to have that rule declared unconstitutional . We also had been advised that in Woodlake' s brief to the law judge it would be seeking a variance from PCA rules. There is a variance procedure although there are no standards for the variance in the PCA rules. That motion was to be heard on April 9. Tenpas asked if there was any update on how the lobbyist is doing at the Capitol . Pauly said that Mr. Jerich had been talking with various people in the Senate primarily, and a letter had been prepared for the mayor's signature to be sent to each of the senators calling attention to the two new provisions in the amendments to the Waste Management Act and the fact that they would erode local government authority. Rep. Pauly had also distributed a letter to the various senators. City Council Minutes 16 April 3, 1990 { Tenpas asked for the lobbyist to provide a periodic update. Pidcock agreed that this was appropriate . Harris asked Pauly about a city that was trucking its waste to Wisconsin and if this was not allowed . Pauly said he heard of a similar situation in New York. In that particular case the local authority was upheld so this case may be similar. Mr. Pauly said he 'd look into it. D. Report, of the Qirecto,F of Planning E. Director of Parks, Recreation & Natural Resources 1 ) Acquisition of Riley Lake -Park Property Lambert called attention to the draft of the purchase agreement. He had met with Mrs. Jacques and her attorney and, having gone over the issues, Lambert believed that there was agreement. Basically the final purchase price is $494 , 933 . 00 based on buying 23 . 2 acres at $21 , 333 .33 an acre. The City would buy 20. 8 acres first and that will be $443,000.00, leaving a 1 .4-acre parcel to which there isn' t clear title. All the other issues are settled. The City agreed not to put a boat launch in the northern 500 feet of property for at least 15 years and that it would make its best effort to acquire those parcels to the south and put the boat launch there. Regarding her use of the road through the barnyard, she can use that until the City needs it . If need be, the City would grade in a similar road on her property line. The City agreed that it would notify her prior to removing any of the buildings; 30 days would be sufficient. Anderson asked about the additional plantings. Lambert replied that the City would provide a landscape area along the boundary. Plantings will be on City property as she wanted . MOTION Anderson moved to approve the contract with Mrs . Jacques on the Riley Lake property . Pidcock seconded. Motion carried 5-0. F. Report of Finance Director City Council Minutes 17 April 3, 1990 G. Report of Public Works Director I . Award Contract for City Street Sweeping. I .C. 52- 190 Rgslolution No . 90-80. Dietz reported that bids were opened for a street sweeping project and two were received. The low bid of $22 ,000 was from ASTECH and the second bid was Clean Sweep at $22,380. Dietz explained in a memorandum why the contract should be awarded to Clean Sweep despite the fact that it was $380 higher. MOTION Harris moved adoption of Resolution *90-80. Pidcock seconded. Anderson asked if there were any potential for legal problems. Dietz said they were possible but believes there are sound reasons in the interests of the City to award the contract to Clean Sweep. Harris and Peterson agreed with this . Motion carried 5-0. XI . NEW BUSINESS XII, ADJOURNMENT Pidcock made the motion to adjourn . Motion seconded by Anderson. Motion carried 5-0 . Meeting adjourned at 9: 55 p.m. r 4 a i F