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HomeMy WebLinkAboutCity Council - 08/07/1990 i EDEN PRAIRIE CITY COUNCIL '$ APPROVED MINUTES TUESDAY, AUGUST 7, 1990 7:30 PM, CITY HALL COUNCIL CHAMBERS; 7600 Executive Drive r COUNCILMEMBERS: 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, City Engineer, Alan Gray, and Recording Secretary Roberta Wick PLEDGE OF .ALLEGIANCE ROLL CALL. All members present. COMMENDATION'S TO THOSE THAT PARTICIPATED IN SAFETY CAMP Mayor Peterson presented commendations to representatives of the Park, Recreation and Natural Resources, Fire, and Police Departments and to the Minnesota State Patrol in recognition for their participation in the first Eden Prairie Safety Camp. i A r I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS P Peterson announced that there had been a request that Item VII-B, a Request from the Fairway Woods Condominium Association regarding Mitchell Road Culvert, be moved forward on the agenda. Peterson suggested that this item be moved to come directly before Item V., Payment of Claims. MOTION: Pidcock moved, seconded by Harris, that the agenda as amended be approved. Harris requested that Item 2 concerning canopies in the parks be added to X.A. Reports of Councilmembers; and that Item 3 be added, Update on the MPCA permit for Solv-Oil Equipment and Supply. Pidcock requested Item 4, information regarding a grudge strip along Mitchell Road; Item 5, letter from Rudy Boschwitz regarding what had been done on Highway *212; and Item 6, Beautification of the City. Anderson requested addition of Item 7, discussion on the Reuter Plant. Motion to approve the agenda as amended carried 5-0. { 4 City Council Minutes 2 August 7, 1990 II. MINUTES A. Board of Review meeting held Tuesday, May 8, 1990 MOTION Harris moved, seconded by Anderson to approved Minutes of the Board of Review meeting of May 8, 1990. Pidcock said that on Paste 1738, Raymond LaPlante, who appealed his valuation, had died. Harris said that on Page 1729, No. 19 the market value should read the Bergh property rather than the Patterson property. Motion to approve the minutes as amended approved 5-C. B. Special City Council/Parks, Recreation & Natural Resources Commission meeting held Tuesday. July 10, 1"0 MOTION Harris moved, seconded by Pidcock, to approve the Special City Council/Parks, Recreation and Natural Resources meeting of July 10, 1990. Motion approved 5-0. C. City Council Meeting Tuesday, July. 10, 1990 MOTION Tenpas moved, seconded by Pidcock to approve minutes of the City Council Meeting of July 10, 1990. Motion approved 5-0. d a D. City Council Meeting held Tuesday, July 17, 1990 MOTION Pideock moved, seconded by Anderson to approve City Council Meeting Minutes of July 17, 1990. Harris said on Page 1778, three lines from the bottom, there was a typographical error and the sentence should read "Staff insisted" instead of "Staff's insisted." Motion to approve the minutes as amended approved 5-0. III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 18-90, Amendmelot to the Chaoter 11 03, Subd. 2B, of the City Cade (Building Height Ordinance) C. Resolution. No. 90-189, Approving Election Judges for the September 11, 1990 Primary Election f City Council Minutes 3 August 7, 1990 r% TT.TiTTT/. L. __ T_ _: _ T _ u. Dt.lr ► ril. uy DCI14Cl r.ai�iiiCci'ac�g i.UrjWraL2on. 2nd Reading of Ordinance No. 24-90, Zoning District Amendment within the Office District; Approval of Supplement to Developer's Agreement for Bentec; Adoption of Resolution No. 90-196, Authorizing Summary of Ordinance No. 24-90, and Ordering Publication of Said Summary; and Adoption of Resolution No. 90-197, Site Plan Approval for Bentec. 1.85 acres with ' variances reviewed by the Board of Appeals for construction of 1900 square foot addition to the Bentec Engineering building. Location: 13050 Pioneer Trail. (Ordinance No. 24-90 - Zoning District Amendment; Resolution No. 90-196 - Authorizing Summary and Publication; Resolution No. 90-197 - Site Plan Approval) F. CDBG SUBRECIPIFNNT AGREEMENT - Resolution No. 90-188, Authorizing Execution of Agreement C. Award Bid for Firearm Trainino System H. Resolution No. 90-202, Chancing the Amount of Refunding Bonds for Eden Glen Apartments from $2,700,000 to $2,715.000. and Amending the Indenture of Trust to Give F.H.A. Certain Rights in the Event of Default I. Authorize City Staff to Contract Up to $10,000 for the Liquor Store Study and Authorize Entering into a 3-year Lease for the Prairie Village Liquor Store J. CHI CHI'S EXPANSION. 2nd Reading of Ordinance No. 25-90, Zoning District Amendment within the Coinmercial-Regional-Service District; Adoption of Resolution No. 90-203, Authorizing Summary of Ordinance No 25-90 and Ordering Publication of Said Summary (Ordinance No. 25-90 - Zoning District Amendment; Resolution No. 90-203 - Authorizing Summary and Publication) K. Approve Deeds Modifying Access Control on T.H. 169 Adjacent Century Bank L. Resolution No. 90-187, Snowdrifters SnowmobillS Trail MOTION Harris moved, seconded by Tenpas, to approve the Consent Calendar. Harris questioned Item I regarding the Lease for the Prairie Village Liquor Store. She said she understood there would be a new store constructed to replace this one. Jullie replied that this study was to look at where the locations ought to be. A possibility of a 2-year lease had been worked out at the Prairie Village Mall with rent increases of less than 5 percent for each year. This would give the needed time to have the consultant's study completed. Jullie said the rate on this lease-was $12.00 per square foot for 4400 square feet. The increase would be about 50 cents per square foot per year. City Council Minutes 4 August 7, 1990 Pidcock asked why the study cost $10,000. Jullie said that initially it was believed $5,000 would be the cost, but Mr. Frane had met with people knowledgeable in the business about a consultant who would do a proper job and found that this was the cost. Tenpas said he would like a decision made as to whether or not the City should be in the liquor business, and if the decision was made to be in it, what the cost would be to go into a leased facility versus owf,ing the building. He said he would like the study to include this consideration. Ju;lie said the study did not anticipate making that type of recommendation. Jullie suggested discussing this in workshop meetings and discussing the community survey which addressed this question. Motion to approve Consent Calendar approved 5-0. IV. PUBLIC HEARINGS A. ST. ANDREW PARKING LOT EXPANSION. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Public on 3.5 acres; Zoning District Change from Rural to Public on 3.5 acres, with a variance to be reviewed by the Board of Appeals, Site Plan Review on 3.5 acres, Preliminary Plat of 12.4 acres into 2 lots, one outlot and road right-of-way for construction of additional parking spaces. Location: Northwest corner of Baker Road and St. Andrew Drive. (Resolution No. 90-198 - Comprehensive Guide Plan Amendment; Ordinance No. 27-90 - Rezoning from Rural to Public; Resolution No 90-199 - Preliminary Plat) Jullie said the notice for this Public Hearing was mailed to owners of 94 properties in the project area and published in the July 25, 1990 issue of the Eden Prairie News. Pidcock said she would like to abstain from any kind of discussion or voting on this issue since she was an agent involved in some of the negotiations for purchase of the property. Fred Hoisington, a member of St. Andrew Lutheran Church, spoke for the proponent. Also present were Pastor Rod Anderson, and Bob Smith, the site planner. He said that because St. Andrew was growing very rapidly two options were being explored: One was to remain on the present site. However, this option would not be able to accept all of the expansion foreseen for St. Andrew. The other option was to trove, which was preferred. There was, however, a serious problem with parking in the present location, even though the City's Code for parking had been met. The church would like to establish a temporary parking lot on the north side of St. Andrew Drive. The request was for a temporary parking improvement to be used on Sunday mornings.- Hoisington also explained the plans for the landscaping around the lot. City Council Minutes 5 August 7, 1990 Enger said this item was reviewed by the Planning Commission at their July 9 and 23 meetings. At the July 23 meeting the recommendation was for approv4l of the request on a 4-0 vote subject to the plans which had been submitted dated July 17 and the Staff report dated July 20. The proponent would need to obtain from the Board of Appeals a variance for the use of a gravel surface on the parking lot for a two-year period. This proposal was not reviewed by the Park and Recreation Cormtnission. Harris asked that if the church elected not to stay, would phase two not be constructed. Hoisington said this was correct, and even if they elected to stay, phase one would be changed by rerouting St. Andrew Drive to go through the property more directly. Peterson questioned Hoisington's statement that currently the parking provided met City Code, one space for three persons, and asked if the church were exceeding the capacity of the building. Hoisington said it was not exceeding the capacity of the building, but as a church grew larger the one space for three persons was not adequate. Anderson asked what would become of the parking lot if it were to be abandoned in two years. Rod Anderson replied that if it were to relocate, the church would seek to market the property for single- family homes or town homes. Anderson wished to have the parking lot topped with black dirt and revegetated when the church abandoned its building. Anderson said he would like to see this in the Developer's Agreement. Enger said this suggestion was riot a guarantee and that the agreed- to guarantee was only that the church would try to market the property. If the market was slow, it was conceivable that it could sit as a parking lot for a long time- Peterson asked if something fairly binding could be written into the Developer's Agreement stating that after the church had relocated, the lot be filled in with black dirt and seeded. Enger said this was possible. There were no further commenter from the audience. MOTION Harris moved that the Public lle:aring be closed for Resolution No. 90- 199 request for Comprehensive Guide Plan Amendment. Seconded by Anderson. Motion approved 4-1 with Pidcock abstaining. City Council 'Minutes 6 August 7, 1990 MOTION Harris moved that the first reading of Ordinance 27-90 for Rezoning be approved. Seconded by Anderson. Motion approved 4-1 with Pidcock abstaining. MOTION Harris moved for adoption of Resolution No. 90-199 approving the preliminary plat and early grading permit and directed staff to prepare a supplement to the Developer's Agreement incorporating the Commission and Staff recommendations and the Council's condition to fill in and reseed this property if St. Andrew church should move to a new location. Seconded by Anderson. Motion approved 4-1 with Pidcock abstaining. B. BORUCKI ADDITION by Jim Borucki. Request for Preliminary Plat of 0.62 acres into single family lots within the R1-13.5 Zoning District with variances to be reviewed by the Board of Appeals. Location: 6517 Rowland Road. (Ordinance No 28-90 - Zoning District Amendment; Resolution No 90-200 - Preliminary Plat) Juliie said the notice of this public hearing had been published in the Eden Prairie News and mailed to 32 property owners. The agenda items indicated this to be a rezoning request but in fact only platting was needed. Frank Cardarelle, representing .Tim Borucki, explained the request for a two-lot plat on Rowland Road. He explained that the Planning Commission had recommended a turn-around for the driveway so that residents would not back out on Rowland Road, and that this change had been incorporated into the plans. The existing house and the new house would be hooked up to the water and sewer already in the street. Enger reported that this item was reviewed by the Planning Commission at their July 9 meeting and recommended on a 4-0 vote approval of the request for Preliminary Plat for the Borucki Addition subject to the staff report dated July 6 and subject to the addition of turn-arounds according to the plans presented to the Planning Commission at the July 9 meeting. Staff recommendations were to City Council review to modify the preliminary plat to include provisions for turn-grounds on both lots. Prior to final plat approval the proponents must await the completion of Rowland Road feasibility study and not proceed with the final plat until the letting of the improvements had taken place. The Park and Recreation Commission f did not review this item. �,w r V G T' City Council 'Minutes 7 August 7, 1990 Ed Sieber, 11792 Dunhill Road spoke in opposition to the subdivision. He said he was also speaking for Dave Bell of 11825 Dunhill Road who was unable to be present. His concern was the altering of the density, road, water and sewer system, and safe traffic access to Bryant Lake Regional Park, which they had assumed was permanent when the property was purchased. He also cited unsafe traffic conditions with the number of entries on to Rowland Road. Jim Carroll, 11815 Dunhill Road, also spoke in opposition to the subdivision. He had selected his particular lot for the privacy aspects and with this subdivision, he would lose this privacy and the view of the park. He believed it would also affect the value of his property. Peterson asked Enger if this was in fact part of the Carmel Project, and also if he recalled when this parcel was zoned. Enger said it was part of the Carmel Subdivision and zoned as R1-13.5 according to the Planned Unit Development in which it was one lot. Tenpas said that he believed, on the basis of the wording of the request, that it was premature to approve the subdivision until there was some proposal for sanitary sewer. Anderson requested information from the City Attorney on options for the Council. Pauly replied that one of the alternatives would be approval of the subdivision subject to extension of the sewer line prior to final approval. The other alternative would be denial of the subdivision on the grounds that the subdivision was premature. He said the Council might want to consider if this proposal was a material change to the PUD. There were no further comments from the audience. MOTION Pidcock moved, seconded by Harris, to continue this item to August 21, 1990. Anderson requested that background information be in the packets for the August 21 meeting. Motion approved 5-0. C. R.G. READ OFFICE/WAREHOUSE by R. G. Read & Company, Inc. Request for Zoning District Amendment and Site Plan Review within the I-2 Zoning District on 3.79 acres, Preliminary Plat of 5 acres into 2 lots for construction of a 43,944 square foot office/warehouse building. Location: Edenvale Industrial Park (Ordinance No. 29-90 - Zoning District Amendment; Resolution No. 90-201 - Preliminary Plat) t Jullie said that notice for this Public Hearing was properly published and mailed to 19 property owners in the area. City- Council Minutes 8 August 7, 1990 Bruce Schmidt, architect for the Read Company, explained the project. The site size had been increased but the building size had not changed since the last request. Enger said this item was reviewed by the Planning Commission on Jul_-,, 9 and approval of the request was recommended •1-0, subject to the staff recommendations of July 6. There had been a minor site modification to the plan since the July 9 meeting, moving the building further to the north in order to accommodate poor soil conditions. The Planning Commission recommended approval. Changes had been made in the plan to reflect the Commission's recommendations. There were no comments from the audience. 'N10TION Pidcock moved to close the public hearing and approve the first reading of Ordinance No. 29-90 for Zoning District Amendment. Seconded by Anderson. Motion approved 5-0. MOTION Pidcock moved to adopt Resolution 90-201 to approve preliminary plat and direct staff to prepare Developer's Agreement incorporating the Commission and Staff recommendations. Seconded by Anderson. Motion approved 5-0. MOTION x Anderson moved that on commercial and multi-use property the City Attorney amend the Code requiring a sprinkling system be written into all Developer's Agreements. Seconded by Tenpas. Motion approved 5-0. VII. PETITIONS. REQUESTS & COMMUNICATIONS B. Request from the Fairway Woods Condominium Association regarding Mitchell Road Culvert Jullie stated that the Fairway Woods Condominium Association had requested the City to provide some additional storm water outlet capacity at Mitchell Road crossing of Purgatory Creek. The residents were concerned about the recurrence of the flooding experienced -in 1987, and also they were concerned about the rather frequent flooding this summer on portions of the Edenvale Golf Course. Jullie referred to the Barr Engineering report in the packet which concluded that the existing 60-inch culvert under Mitchell Road was Y properly sized and situated to provide the required flood storage and yet not exceed the 100-year flood elevation which had been established for that flood plain area. The homes in Fairway Woods City Council Nfinutes 9 August 7, 1990 r • �n a_ _. ___., at.,:,� 7nn-...sar flood elevati-n and thus were at least 1-1/2 feet. Y tove W is avv Ja.- had basically the some minimum level of flood protection as had been applied throughout the entire City. The City and the Watershed Y district required homes to be at least two feet above the projected 100-year flood Ievel. The Barr study concluded that it was feasible to install another culvert under Mitchell Road or to lower Mitchell Road in order to provide protection for an event equal to the 1987 storm, which statistically had less than a 1 in 10,000 chance of occurring again. If inplemented, the cost of these solutions would be in the range of $115,000-$130,000. Jullie further suited that there were less expensive alternatives such as diking around the affected units or simply to have an emergency sandbagging plan in place. Flood insurance was another means of protection. If the Council should choose to provide the requested flood protection, it would be a major policy change with major cost implications to the City. Virtually all of the City's drainage system was based on the 100-year flood design. Jullie said that he thought the solution for the intermittent flooding at the golf course was probably some combination of dredging out the existing channel of the creek bed and raising the elevation of some of the fairways. There were no cost estimates for this work, but it might be appropriate for the City to consider some cost-sharing for the channel cleaning as maintenance operation. Jullie reconnended that the Council receive the Barr Engineering Company report and set up a meeting with the Watershed District to go over the report. Secondly, Jullie requested that Council direct staff to meet with the Fairway Woods Homeowners group and the Edenvale Golf Course owners to explore options which would be consistent with current policies. Delavan S. Dye, 14405 Fairway Drive, presented the petition with 503 signatures requesting a correction of the culvert at Mitchell Road and read a prepared statement dated August 7, 1990 on this subject. Harris asked Mr. Dye if the primary concern was the continued standing water or was it the concern that there may be another flood such as the" one in 1987. Dye replied that the first concern was that there would be another flood and the second concern was the threat of the standing water. They believed the design by the Eden Land Company was poor, and it was the only dam on Purgatory Creek with such a design. Anderson said he asked for another study right after the 1987 flood to find out if there was something wrong with the design. This was done with results similar to the ones that had been received at the present time. Parking lots and golf courses could qualify to be water i storage areas and Edenvale Golf Course was designed to be one of these areas. Pidcock askeA how much of the golf course had been flooded. Robert Larson, 14M Oregon Avenue, Prior Lake, MN, owner of the Edenvale City Council Minutes 1.0 August 7, 1990 uuli uuurse, sciid Lhat the back nine holes were closed 31 days out of 60 in June and July. Pidcock said she thought it was appropriate to get a second opinion from another engineering firm. Harris asked that if the culvert requested were in place at the present time, would there have been a problem of the water on the golf course. Gray said that it would be only a minor improvement. Most of the loss in moving water from the upstream side of the golf course through Mitchell Road occurred in the channel through the golf course itself. The preliminary opinion was that operation of the golf course at the less severe flooding events could be enhanced most by improving the creek channel through the golf course rather than increasing the size of the culvert under Mitchell Road. Barris asked whether or not the channel had ever been dredged. Cray said not to his knowledge. Other owners of the golf course may have done some work on it. Tenpas asked why this culvert was smaller than all the rest. Gray said that in 1971 when the Watershed District was studying Purgatory Creek and developing a water management plan to accommodate development of the watershed, it looked at several alternatives. The plan selected was to use wetland areas throughout the flood plain of the Creek to store water and manage the discharge to the Minnesota River. In this case, it was decided to create a ponding area west of Mitchell Road with an area of 640 acre-feet. To do that given the characteristics of the channel, the flow had to be restricted through Mitchell Road. A smaller culvert had to be built in order to store 640-acre feet of water during a 100-year flood event. While it might not create higher 100-year flood elevations, it would have significant impacts on 100-year flood elevations on Staring Lake and probably would increase the discharge out of Staring Lake down through some of the channel areas that might be sensitive to erosion. it was the specific plan to create 640-acre feet of storage and to do that, the output had to be restricted from the golf course. Tenpas asked if the culvert had been put in by the developer or by the City. Gray said it was done by Eden Land which had hired an engineer and coordinated the design of the culvert with the Watershed District. The Watershed District advised Eden Land Company that in order to accomplish its objective, the culvert under Mitchell Road should be 60 inches. Tenpas asked when the nine holes of the golf course were constructed. Larson replied they were constructed in 1971. j Anderson said that the Council should also take into consideration the value of the golf course to the City. City Council Minutes 11 August 7, 1990 Tenpas suggested the issue be discussed in a forum with the Watershed District, the City, and Council representation, golf course and homeowner representation, where there could be more facts prepared for discussion. Eleanor *leeker, 6927 Edenvale Boulevard, spoke about her concern that as a taxpayer and citizen she could not enjoy the golf course with the flooding situation. Cal Sathre, 14418 Fairway Drive, said that the City needed to think of the golf course as an asset to the community and protect it from flooding. Gordon Justus, 14451 Fairway Drive, spoke in favor of protecting the golf course and the surrounding properties from flooding. Robert Larson, owner of the Edenvale Golf Course, spoke about his concern about the homeowners next to the golf course. He said there E were two 60-inch culverts coming into Edenvale and only one 48-inch culvert going out and he was looking for a compromise on this issue, looking at storage both upstream and downstream. Peterson asked Jullie to restate his recommendations to the Council. Jullie stated that he recommended that the Barr Engineering report be accepted and staff be directed to set up a meeting with the Watershed District to go over the details of the report and to discuss common goals. He also recommended that Council direct staff to meet s with the Fairway Woods homeowners group and the Edenvale owners to explore options that would be consistent with current policies. z MOTION Harris moved to accept Jullie's recommendations with the addition that the Council also receive and acknowledge the petition and the report from the citizens, that residents' concerns be considered during the discussions with the Watershed District, and that all possible options be reviewed. Motion was seconded by Anderson. Tenpas suggested that there be some Council participation in the meetings. Anderson said that he would like to see a special City Council meeting with Watershed District and residents because he believed the Council could reach a better decision than by receiving the Staff report only. Pidcock said she agreed with this approach in order to get the sense of what was said. Peterson said he was reluctant to depart from the normal process of asking Staff to schedule the meetings with the neighborhood groups and then come back to the Council with reports. Harris said she saw this as a multi-phase process. Phase One was $ the Council and the Watershed District meeting to explore the issues. Phase Two would come after the Council had a sense of the options, City Council Minutes 12 August 7, 1990 ` and would be a meeting which would involve the golf course owners, the residents, Staff and Council. Peterson said he wanted only staff involved at that point and then Council would have the opportunity to receive reports from Staff, as well as the homeowners association and the golf course if they wished. There would still be an opportunity for another meeting with interested parties. Tenpas said that when there were technical issues such as those involved in this project, he would like to hear all the information. Harris restated her motion which was to direct the Staff to receive the citizens' petition and the information presented at this Council meeting and to set up a meeting with the Watershed District and the Council and the Staff to review all the information and to explore the options. After that the Council would have a meeting with the homeowners and the golf course owners. Motion approved 4-1 with Peterson voting Nay. V. PAYMENT OF CLAIMS Pidcock moved the payment of claims, seconded by Anderson. Roll Call vote: Anderson, Harris, Pidcock, Tenpas, and Peterson all voting "AYE" VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request ReQarding_1990 Shooting Zones Jullie reported a request from residents to allow discharge of firearms north of Pioneer Trail between Rice Marsh Lake and Lake Riley during the fall hunting season. Last year shooting was allowed in this area, but the Council decision was that would be the last year and there would be no more shooting beginning 1990. The Police Department had been reviewed the matter and it was recommended that the Council continue the current policy not to allow the discharge of firearms in the area north of Pioneer Trail. MOILQN Anderson moved, seconded by Harris that the Council not allow discharge of firearms in the area north of Pioneer Trail near Lake Riley. Pidcock asked if this would include the Jacques prop=& II y. Jullie said that this property would all be excluded from shooting. �/ Motion approved 5-0. City Council Minutes 13 August 7, 1990 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment to fill an unexpired term ending February 28, 1983 on the Historical & Cultural Commission Peterson said there have been no applications for this position. B. Appointment to fill an unexpired term ending February 28. 1992 on the Parks. Recreation & Natural Resources Commission Peterson reminded the Council he was not present when applicants were interviewed for this position and would stay out of the discussion. Tenpas asked if these persons could be interviewed one- half hour before the next Council meeting. MOTION Tenpas moved, seconded by Anderson, that Staff contact interested persons- to appear before the Council for interviews at a date yet to be determined in September. Motion approved 5-0. a X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers 1. Set Special City Council Meetinst (See Item X.B. Report of the City Manager) 2. Canopies in the Parks Harris stated she had received a call from woman who wanted to use a canopy in the park for a picnic for one of the Eden Prairie companies, and was told that a canopy could not be peat up in the park. Stuart Fox said the reason for the policy regarding tents was that a lot of underground utilities were present in the parks and the stakes for the canopies often interfered with these utilities. Therefore, the policy was not to allow canopies except for special events such as softball tournaments or soccer tournaments, where the City would be working with an association for a specific event. For other events, persons were encouraged to use pavilions and shelters. Y City Council Minutes 14 August 7, 1990 ` MOTION 4 f Anderson moved, seconded by Harris, to have the Park and t Recreation Commission consider having designated areas for canopies and make a recommendation to the Council. Motion approved 5-0. 3. Update on MPCA Permit for Solv-Oil Equipment and Supply Harris expressed concern over the memorandum from Jean Johnson about the Solv-Oil Equipment and Supply having single- wall tanks storing hazardous material. She asked what the status was of the application. Enger replied that the status was that the situation was being monitored to see whether or not the application war withdrawn. If it were not withdrawn, the City would provide the comments as indicated in the memo. If SoIv-Oil did not go ahead with the application or removed existing tanks, then the City would follow up with the MPCA and other agencies as well as the Fire Marshall 4. "Grudite Strip" Pidcock said she received a letter from Mr. Mjolsness regarding what was known as a "grudge fee" to get an access to Mitchell Road. She would like an update as to what was going to happen with this matter because it sounded like he was being threatened by the developer. If he didn't pay this fee, he wouldn't get access. 5. Letter from Rudy Boschwitz Pidcock spoke about the letter from Senator Boschwitz about the $12 million authorization that he was personally going to monitor for the demonstration project. He would be seeing that the Conference Committee would act on it before it went to the full Senate. 6. Beautifica,Lion Project Pidcock suggested that the members of the Senior Club be asked if they would be interested in planting flowers at the entrances to Eden Prairie. 7. Reuter Plant } i Anderson reported that this plant had become a nuisance at least three or four -times in the summer. The smell was coming from the garbage at this plant. On one occasion he had discovered all City Council Minutes IS August 7, 1990 seven doors of the plant open at midnight with raw garbage on E the floor. The doors were supposed to be shut and this had not been happening, and his concern was that the Council take whatever action necessary to be sure Reuter kept the doors closed. Enger said that the problem may not be solved by closing the doors. Reuter had been told that it was in violation of the City Code, and was given two weeks to come up with a solution. Pauly said that the City could cite Reuter for a misdemeanor, nuisance violation. If it were a breach of the Developer's Agreement the City could seek an injunction to enjoin Reuter from continuing to pollute the air with noxious odors, which would be a civil action. The other way was to ask for remedial action or to take the matter to the PCA since that agency issued the permit. Anderson said he would like a report on this by the next Council meeting. Tenpas said he would like an explanation of why this situation had happened included in the report. B. Report of City Manager Jullie requested setting dates for special Council meetings. The most critical item was the Budget Review. Because of problems with Council , members being absent or on vacation, Peterson suggested that on August 21 the Water System Report be received prior to the Council } Meeting, and preliminary budget discussions held during the meeting. t On August 23 the Council would meet to discuss the budget from 5:00- 8:00 PM. If necessary, additional discussion of the budget could occur on August 24. Peterson asked that Council nembers inform Jullie as soon as possible of dates that they might be absent in September in order to schedule more special meetings for September. Peterson asked Jullie to give Council a recommended schedule of meetings for every Tuesday in September in addition to the regular Council meeting to approve at the next Council meeting. MOTTO Harris moved that the Water System report be discussed at 6:00 p.m., prior to the Council meeting on Tuesday, August 21; and that preliminary budget discussions be included at the Council meeting on August 21, at a special meeting on Thursday, August 23 from 5:00-8:00 p.m. and on August 24 if necessary. Motion seconded by Anderson. Motion approved 5-0. i City Council Minutes 16 August 7, 1990 o, C. Report of City Attorney D. Report of Director of Plannina E. Report of Director of Parks L Recreation and Natural Resources 1. Yard/Tree Waste Disposal MOTION Tenpas moved, Harris seconded. to accept the report and recommendation from Stuart F©x, Manager of Parks and Natural Resources. Anderson asked why the chips and mulch were being taken out of the City. Fox said that yard waste usually ends up being unusable for bedding material or wood chips, but that the City could Iook at a program of chipping the trees, perhaps to be considered in the 1992 budget. Motion approved 5-0. F. Report of the Finance Director G. Report of Director of Public Worits 1. Receive Bids and Award Contrmats for Utility and Street Improvements within Bluffs East 7th Addition, I.C. 52-195 Gray explained the reasons for the bids according to the information received in the paxket and recommended that Brown and Cris, Inc., be awarded the contract in the amount of $120,932.82. Peterson asked about the Community Center water main. Gray said that last year when the School District was constructing additions to the high school, it had to make modifications to the water main that fed the school and the Community Center. It had difficulty because it was a de&d-end line. In reviewing the situation, it was recommended that it be continued east across the ball field and connect to the trtank water main on County Road 4. MOTION f Pidcock moved, seconded by Harris to award contacts for Utility t and Street Improvements within Bluffs East 7th Addition, I.C. 52- ' 195, to Brown and Cris, Inc. in the amount of $120,932.82. f Motion approved 5-0. City Council Minutes 17 August 7, 1990 Cr. XI. NEW BUSINESS XII. ADJOURNMENT MOTION Pidcock motioned to adjourn at 10:45 p.m. Seconded by Peterson. Motion approved 5-0. r t r