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City Council - 05/09/1995 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 9, 1995 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road COUNCILMEMBERS: Mayor Jean Harris, Ronald Case, Patricia Pidcock, Ross Thorfinnson,Jr. and Nancy Tyra- Lukens CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Parks, Recreation & Natural Resources Bob Lambert, Director of Public Works Gene Dietz, City Attorney Roger Pauly,and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 p.m. All members were present. PROCLAMATION FOR SENIOR AWARENESS WEEK, MAY 15 - MAY 21, 1995 Mayor Harris presented a proclamation for Senior Awareness Week, May 15 - May 21, 1995, to Vince Faulise and other seniors from the community. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added item XI.A.1. Notifying Surrounding Properties When Property Becomes Available. Thorfinnson added item XI.A.2. Report on Housing. Transportation & Social Services Committee. Jullie added item XI.C. 2. Resolution 95-99 Awarding Bid for Dehumidification System at Community Center. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve the Agenda as published and amended. Motion carried unanimously. CITY COUNCIL MINUTES May 9, 1995 Page 2 II. OPEN PODIUM A. PRESENTATION ON THE ABC (A BETTER CHANCE) PROGRAM Gardner Gay, Executive Director of A Better Chance(ABC)Foundation in Edina, presented a video describing the ABC program. Following the video several of the students currently participating in the program described their experiences with ABC. Gay suggested that Eden Prairie may want to consider sponsoring such a program. M. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 18, 1995 MOTION: Case moved, seconded by Pidcock, to approve as published the minutes of the City Council meeting held Tuesday, April 18, 1995. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ARBOR DAY PROCLAMATION C. BIRDIE'S SPORTS PARK 2nd Reading of Ordinance 7-95 for Zoning District Change from Rural to Commercial Regional Service on 2.2 acres, Adoption of Resolution 95-77 Approving Site Plan Review on 2.2 acres for Parvest, Inc. and Approval of a Developer's Agreement for Birdie's Sports Park. Location: Lot 1, Block 1, Fountain Place Apartments. (Ordinance 7-95 for Zoning District Change and Resolution 95-77 for Site Plan Review) D. PRAIRIE CYCLE AND SKI, INC. 2nd Reading of Ordinance 17-95 for PUD District Amendment on 15.02 acres, PUD District Review on 1.07 acres, and Zoning District Amendment in the N-Com Zoning District on 1.07 acres, Adoption of Resolution 95-78 for Site Plan Review on 1.07 acres for Chanhassen Bike& Ski, Inc. and Approval of a Developer's Agreement for Prairie Cycle and Ski, Inc. Location: Anderson Lakes Center. (Ordinance 17-95 for PUD District Amendment, PUD District Review and Zoning District Amendment and Resolution 95-78 for Site Plan Review) E. APPROVAL OF AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT FOR THE SOUTHWEST SUBURBAN CABLE COMMISSION CITY COUNCIL MINUTES May 9, 1995 Page 3 F. AUTHORIZE AGREEMENT FOR PROFESSIONAL SERVICES FOR COMMUNITY SURVEY G. CONVEYANCE OF PARCEL SOUTH END OF WALLACE ROAD TO STATE OF MEWL ESOTA (Resolution 95-79) H. RESOLUTION 95-80 APPROVING FINAL PLAT OF SHORES OF MITCHELL LAKE 3RD ADDITION (located south of TH 5 and west of Dell Road I. RESOLUTION 95-81 APPROVING FINAL PLAT OF THE SANCTUARY 2ND ADDITION (located in the Hartford PUD) J. RESOLUTION 95-82 AND RESOLUTION 95-83 APPROVING FINAL PLAT OF BOULDER RIDGE OF EDEN PRAIRIE AND BOULDER RIDGE OF EDEN PRAIRIE 2ND ADDITION (both located west of Mitchell Road and north of Twin Lakes CrossinLY) K. RESOLUTION 95-84 RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR SANITARY SEWER AT 14223 CUMBERLAND ROAD AND 8705 MITCHELL ROAD L. APPROVE CHANGE ORDER NO. 1 FOR RILEY LAKE PARKS M. APPROVAL OF AMENDED AND RESTATED BYLAWS OF THE EDEN PRAIRIE FOUNDATION N. BOULDER RIDGE. 2nd Reading of Ordinance 13-95 for PUD District review on 27.1 acres, Zoning District Change from Rural to R1-13.5 on 11.40 acres, and Rezoning from Rural to RM-6.5 on 3.8 acres and Approval of a Developer's Agreement for Boulder Ridge. (Ordinance 13-95 for PUD District Review and Zoning District Change from Rural to 111-13.5 and Rezoning from Rural to RM-6.5) O. RESOLUTION 95-85 APPROVING PLANS AND SPECIAL PROVISIONS FOR TECHNOLOGY DRIVE FROM PURGATORY CREEK TO PRAIRIE CENTER DRIVE, I.C. 95-5306 P. RESOLUTION 95-86 APPROVING COOPERATIVE AGREEMENT WITH MnDOT FOR TECHNOLOGY DRIVE FROM PURGATORY CREEK TO PRAIRIE CENTER DRIVE, I.C. 95-5306 CITY COUNCIL MINUTES May 9, 1995 Page 4 Q. RESOLUTION 95-87 APPROVING PLANS AND SPECIFICATIONS FOR KIMBERLY LANE SANITARY SEWER RECONSTRUCTIONS I.C. 95-5373 R. 1ST READING OF ORDINANCE 18-95 AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.32, RELATING TO THE ISSUANCE OF CITATIONS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 S. AUTHORIZING ISSUANCE OF BONDS AND TERMS OF SALE OF $1,685,000 G.O. BUILDING REFUNDING BONDS, SERIES 1995A (Resolution 95-88 - set sale for May 23, 1995) T. AUTHORIZING ISSUANCE OF BONDS AND TERMS OF SALE OF $3,275,000 G.O. IMPROVEMENT REFUNDING BONDS, SERIES 1995B (Resolution 95-89 - set sale for May 23, 1995) MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to approve items A- T on the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. SUNNYBROOK ROAD STREET & UTILITY IMPROVEMENTS, I.C. 94 5363 (Resolution 95-90) Continued from April 18, 1995 Alan Gray reviewed the status of the project and called attention to a letter received from four of the property owners requesting that the project go ahead. He said that Post Construction and Knob Hill Homes worked together to review the project; however, they were not able to reach a consensus on developing a portion of the project. Barry Post, representing Post Construction, asked where the corridor for the sewer will be and what the costs are. Gray reviewed two possible corridors, noting that there is also a third possibility to consider. The costs for the two locations would be similar. Gray said Staff would return with a recommendation about the location of the corridor after further details are worked out. Tyra-Lukens asked where the third corridor is located. Gray said it is on the west side of the Post property and would use part of the duplex property. Tyra-Lukens expressed concern that there are large trees in that area. Gray said they would evaluate that location with the owners. Richard Sentz, who owns the property on the northwest end, said he would like CITY COUNCIL MINUTES May 9, 1995 Page 5 to proceed with developing twinhomes on his property but it will depend on what happens with this project. Ray Smith, 12550 Sunnybrook Road, said he thought it was time to update Sunnybrook Road because of the increased traffic on the road and the need for sidewalks. Gerard Wersal, 12645 Sunnybrook Road, said he was uncomfortable deciding after the fact where the sewer corridor will be placed, and he would prefer the third option despite the tree loss. He outlined the issues that would need to be resolved if the corridor were placed on his property. Libby Hargrove, 12640 Sunnybrook Road, said she has had a chance to review the details of the project but would still like to see Sunnybrook Road returned to a dead end street. She said she did not want a sidewalk in front of her property as it would not be useful for her. Lea Smith, 12500 Sunnybrook Road, said she could see the benefits of the project for those who need the sewer line, for the pedestrians who would use the sidewalk and for the neighborhood children. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing. Motion carried unanimously. Gray said we would do a more accurate survey to determine the best location for the easement and would use an appraisal to develop an appropriate offer for this type of easement. Case asked if we would come back and renegotiate on the proposed easement. Gray responded that we would have the Watershed District do a wetlands evaluation and would then work it out with the property owners. Thorfinnson questioned what the process is to determine where the storm water runoff would go and why we have reached this stage of the project without having determined that issue. Gray said they need a corridor to get the water to Purgatory Creek, and Staff will present alternatives when the analysis is complete. Pidcock questioned the timing of the project. Gray said they would be able to follow the Feasibility Study even though we have lost three weeks. MOTION: Case moved, seconded by Pidcock, to adopt Resolution 95-90 Ordering improvements and preparation of plans and specifications for I.C. 95- 5363, including improvements for storm sewer, sewer, water, street and sidewalk as proposed. Motion carried unanimously. CITY COUNCIL MINUTES May 9, 1995 Page 6 B. WALNUT RIDGE by Residential Development, Inc. Request for PUD Concept Review on 33.39 acres, PUD District Review on 33.39 acres, Zoning District Change from Rural to R1-13.5 acres on 13.21 acres and Preliminary Plat of 33.39 acres into 22 lots and 2 outlots. Location: Riverview Road and Homeward Hills Road. (Resolution 95-91 for PUD Concept Review, Ordinance for PUD District Review and Zoning District Change and Resolution 95-92 for Preliminary Plat) Rick Murray, representing Residential Development, reviewed the project, noting that there is a slab on the property that may cover an Indian burial mound. They have developed a program with the state archeologist if does turn out to be a burial mound. Case questioned if the issue has been put before the Heritage Preservation Commission to help oversee the program if Indian remains are found in the area. Murray said they talked to John Gertz in March prior to receiving a response from the state archeologist. Tyra-Lukens questioned whether there are retaining walls on the hillsides next to the roadway. Murray said there are none next to the road. Tyra-Lukens expressed concern that there was an earlier indication that the homes to be built in the project would be single story rambler-style houses and she has not heard that discussed tonight. She said she is concerned because of possible conflicts with the sight lines from the lots along Riverview Road, particularly from the homes proposed to be build on lots 1, 2 and 3. Murray said that type of home is the only plan they have to date since that is the type of market they are targeting. He said the representative of Wooddale Builders has brought plans. Steve Schweiter, representing Wooddale Builders, said they intend to build ramblers but they need to have options because these are expensive properties and lots 1, 2 and 3 are among the better lots in the project. Enger said the project was reviewed by the Planning Commission at their April 10, 1995, meeting and recommended approval on a 5-0-1 vote with Schlampp abstaining, subject to the recommendations of the April 7th Staff Report. Enger reviewed the recommendations contained in the Staff Report. Lambert said the Parks, Recreation & Natural Resources Commission reviewed the project at the April 17th meeting and recommended approval on a 7-0 vote, per the recommendations of the April 7th Staff Report and with the CITY COUNCIL MINUTES May 9, 1995 Page 7 recommendation that tree replacement credit be given for the existing trees on the site after the health of those trees was reviewed by the City Forester. He said Stu Fox, City Forester, reviewed the trees and recommends using the crop trees for the tree replacement credit, with up to 50% of them to be removed to enhance the health of the other trees. Dietz said the initial review of the project resulted in a request that the developer put sanitary sewer lines in the front yards; however, since then we have retracted that request and allowed the sewer to be put in the back yards. Steve Fritzke, 10488 Wimbledon Court, presented a petition from several neighbors requesting that lots 1, 2, and 3 be restricted to single story rambler style homes. Cheryl Butcher-Younghans, Chair of the Heritage Preservation Commission, said the Commission is concerned about tracking the compliance of the project with Minnesota statutes. She said they have spoken with the state archeologist about a process to accomplish compliance; however, they are also concerned about the bodies that were disinterred from the site during earlier construction projects. Jeff Sanderson, 10492 Wimbledon Court, said he concurred with having single family homes in the area and expressed concern about the storm water runoff. Laura Bluml, 10540 W. Riverview Road, said she would like to have the developer directed to work with the neighborhood to see if some voluntary restrictions can be put on some of the lots. She expressed concern for the fragile bluff issue, the waivers requested on some of the lots since she thought they should be required to work within the rules, and the road connection being put through as a T intersection in Riverview Heights. Enger replied that in this case the waivers allow a design that is more sensitive to the topography and the trees than if the letter of the law were followed. Murray said the road connection was put in as part of the recommendation of the fire marshall. Pidcock questioned the City Attorney regarding the legal rights of neighbors to restrict construction to rambler style homes. Pauly said the only way to impose such a requirement would be if it could be shown clearly that the building of two- story homes would in some manner cause a serious health, safety or environmental problem. Thorfinnson said he was also concerned that there are several indications from the minutes of the commissions and neighborhood meetings that only ramblers were going to be built in this project. He would like to have them work this out CITY COUNCIL MINUTES May 9, 1995 Page 8 voluntarily since it was the intention from the beginning. At the request of Thorfinnson, Murray reviewed the drawings showing sight lines in the area that indicated the proposed houses will not be as high as the front row of trees on the lots. Case said he would like to ask the developer to voluntarily restrict construction on Lots 1, 2 and 3 to single family homes, to have an EAW completed on the project, and to involve the Heritage Preservation Commission in the process so that they could review the proposal and return with a report giving guidance and input on how to proceed. Thorfinnson asked Staff if the Heritage Commission had been involved anywhere along the line. Enger said he met with John Gertz this afternoon to review the recent background on this. While this item was on their agenda twice, there is confusion because the Council has not directed that the Commission be part of the formal review process for developments. The developer was put in touch with John Gertz who discussed the project with them and walked the site. The developer did not make a formal presentation to the Commission. Thorfinnson said there is no intent to include the Commission in the formal process for all development projects; however, with a site as significant as this, we should have included the Commission so that they were aware of the development as it went through the process. Case said the Commission is only five years old, and this is a good test case on how they should be involved in projects. Enger said he would recommend that Staff identify the items that are specifically unique in regard to historical issues and handle them in the same way as the Park & Rec issues. Lambert suggested that development occurring within 1000 feet of the bluff or other sites found in the survey of the City be taken to the Heritage Preservation Commission for a formal presentation with an historical interpreter explaining the impact of the development and then have the Commission make a specific recommendation to the Council. Harris suggested that, for this project, the Heritage Preservation Commission review it between 1st and 2nd Readings and return to the Council with their recommendations prior to 2nd Reading. Pidcock said the state is very deliberate in this type of matter so this project should be well taken care of in that regard. She said if it is determined to be a significant site the state would take it over, so she did not think we should get involved until the state archeologist determines that it is a significant burial site. CITY COUNCIL MINUTES May 9, 1995 Page 9 Case pointed out that the state has a 2-1/2 year backlog of cases, and he thought we should not allow construction on lots 11 and 12 until we have determined whether this is a burial site and, if it is, the extent of the site. Murray said the state archeologist asked them to hire their own archeologist in order to speed up the process and they have done so. He said they are trying to proceed on the archeologist's requirements and should have a settlement in 30-60 days. He said they have to lift the slab in order to determine what they are dealing with. Harris asked Pauly if there is precedent for approving a project with contingencies of this nature. Pauly said there are contingencies placed on many projects; however, this is a novel suggestion and it entails some issues that ultimately are related to legal resolution. He said he would be concerned about the question of preemption if the City goes beyond the requirements of the state statutes. MOTION: Pidcock moved, seconded by Thorfinnson, to adopt Resolution 95-91 for PUD Concept Review; to approve 1st Reading of an Ordinance for PUD District Review and Zoning District Change; to adopt Resolution 95-92 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations, with Staff to address the concerns expressed tonight and return with recommendations prior to 2nd Reading. AMENDMENT TO THE MOTION: Case moved to direct the developer to present the project to the Heritage Preservation Commission for their review and recommendations prior to 2nd Reading and, if the delineation of the site determines action should be taken on Lots 11 and 12, Council would revisit the status of Lots 11 and 12 before 2nd Reading. Motion died for lack of a second. AMENDMENT TO THE MOTION: Case moved, seconded by Tyra-Lukens, to direct the developer to make a formal presentation to the Heritage Preservation Commission so the Commission can render a report to the Council prior to 2nd Reading. Pidcock expressed concern about placing another obstacle in the development process. Harris said she thought we are asking for their comments only, and we would work out a process for the Heritage Commission review in the future. VOTE ON THE AMENDMENT: Motion carried unanimously. CITY COUNCIL MINUTES May 9, 1995 Page 10 VOTE ON THE MOTION AS AMENDED: Motion carried unanimously. Councilmembers discussed whether the motion was intended to include the provision that developer work with the neighbors regarding their concerns. The consensus was to strongly encourage the developer to work with the neighbors to ensure that the original promise to build single story ramblers on Lots 1, 2 and 3 is carried out. C. EDEN PRAIRIE COMMUNITY LIBRARY by Hennepin County. Request for Site Plan Review within the Public Zoning District on 2.5 acres for the construction of a 5,135 square foot library expansion. Location: 479 Prairie Center Drive. (Resolution 95-93 for Site Plan Review) Mark Partridge, project architect, reviewed the project which will add 5,000 square feet to the existing facility, update it for ADA requirements, and add additional landscaping. Harris questioned whether a second story could be put on the facility. Partridge replied that it could not. Enger said the Planning Commission reviewed the project at the April 10, 1995, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report dated April 7th. The Parks Commission did not review the project. There were no comments from the audience. MOTION: Pidcock moved, seconded by Tyra-Lukens, to close the Public Hearing; and to adopt Resolution 95-93 approving the Site Plan Review. Motion carried unanimously. D. SAMPSON OFFICE STUDIO by R. M. Sampson, Inc. Request for PUD District Amendment on 20.15 acres, PUD District Review on 4.519 acres, Comprehensive Guide Plan Change from Office to Industrial on 4.519 acres, Zoning District Change from Rural to I-2 on 4.519 acres, Preliminary Plat of 12.478 acres into 1 lot and 1 outlot, and Site Plan Review on 4.519 acres for the development of a 5,200 square foot office/warehouse building. Location: Equitable Drive and Valley View Road. (Ordinance for PUD District Amendment, PUD District Review, and Zoning District Change, Resolution 95-94 for Comprehensive Guide Plan Change and Resolution 95-95 for Preliminary Plat) CITY COUNCIL MINUTES May 9, 1995 Page 11 Enger said the Planning Commission recommended approval of the project at the April 10, 1995 meeting, per the recommendations of the Staff Report of April 7th. The Parks Commission did not review the project. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; to approve 1st Reading of an Ordinance for PUD District Amendment, PUD Review and Zoning District Change; to adopt Resolution 95-94 for Comprehensive Guide Plan Change from Office to Industrial;to adopt Resolution 95-95 approving the Preliminary Plat; to adopt a Resolution approving Site Plan Review; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. HIRSCHLER ADDITION by Ned Hirschler. Request for Zoning District Amendment within the R1-13.5 Zoning District and Preliminary Plat of 1 acre into one lot. Location: North terminus of Canterbury Lane. (Ordinance for Zoning District Amendment within the R1-13.5 Zoning District and Resolution 95-96 for Preliminary Plat) Ned Hirschler reviewed the project. Enger said the Planning Commission reviewed this project at the April 10, 1995, meeting and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of April 7th and the approval by the Board of Appeals of the request for variance for a 30-foot lot frontage. Lambert said the Parks Commission reviewed the project on April 17th and recommended approval on a unanimous vote, subject to the recommendations of the Staff Report of April 7th. There were no comments from the audience. MOTION: Pidcock moved, seconded by Thorfinnson, to close the Public Hearing; to approve the lst Reading of an Ordinance for Zoning District Amendment; to adopt Resolution 95-96 approving the Preliminary Plat; and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. F. VACATION 95-03, VACATION OF RIGHT-OF-WAY AND EASEMENTS IN EDEN SCHOOL ADDITION (Resolution 95-97) CITY COUNCIL MINUTES May 9, 1995 Page 12 7ullie said this vacation will simplify the transfer of ownership from MnDOT to the School District. There were no comments from the audience. MOTION: Pidcock moved, seconded by Case, to close the Public Hearing; and to adopt Resolution 95-97 vacating the rights-of-way and all drainage and utility easements in the Eden School Addition. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Thorfinnson, to approve the Payment of Claims as submitted. Motion carried on a roll call vote, with Case, Pidcock, Thorfinnson, Tyra-Lukens and Harris voting "aye." VII. ORDINANCES AND RESOLUTIONS VIII. PETITIONS, REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS 1. Notifying Surrounding Properties when Property Becomes Available Case said, because of the Edenvale issue presented at the last Council meeting, he would like to get a procedure in place to notify the surrounding properties when we are notified of a tax forfeited property. He suggested that notice be restricted to those parcels that have no structures on them and that only the surrounding properties be notified. Pidcock questioned the additional costs to do the notification and if this would be considered preferential treatment. 7ullie said it would be a matter of setting up a procedure to notify adjoining properties of the tax forfeited property before the parcel is brought to the Council so that we can have their input. Pauly said the tax forfeited properties are listed in the notice of public sale. CITY COUNCIL MINUTES May 9, 1995 Page 13 Lambert suggested that we send the notice after Staff has reviewed the list and determined in which ones the City is interested. We would include Staff's recommendation regarding purchase by the City and the date it will be on the Council agenda. MOTION: Case moved, seconded by Thorfinnson, to notify the surrounding property owners at the time we learn of tax forfeited property. Motion carried unanimously. 2. Report on Housing, Transportation & Social Services Committee Thorfinnson said they are holding a lottery for the first 15 places on the Hope program, although we don't yet have the commitment on the vouchers for apartments. He said they need to begin setting up the training. B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Hockey Association Request to Replace Hockey Board System in Rink 1 at the Eden Prairie Community Center Lambert said the Hockey Association has requested that the dasher board system in Rink 1 be replaced. He said they took the issue to the School Board and they concur. It will cost about$80,000 to replace it; however, we expect to get about $23,000 by selling the old system to another community, and will pay off the remaining cost over four to five years by increasing the rental fees on the two rinks and taking the profits from the home hockey games. Pidcock questioned why we have the replace the system if it is good enough for another community to purchase. Lambert said the potential buyer is a small community in North Dakota that may not have the same standards of quality as the City does. He said the system requires more maintenance each year and the glass is badly scratched. Pidcock questioned the cost to maintain the system. Lambert said it is $3,000-$5,000 to replace boards and keep it safe for another year. The new system has different frames and is a lot heavier. CITY COUNCIL MINUTES May 9, 1995 Page 14 Tyra-Lukens asked if there will be an increase in cost for public skating and where the profits from the home games go now. Lambert said the increase will be for the rental of the facility only, and we put the profits in the General Fund. Tyra-Lukens and Pidcock questioned what we would do if we can't get someone to purchase the old system. Lambert said we could choose to take longer to pay it off. Jullie said we would get the bids and can then determine what we want to do at that point. MOTION: Case moved, seconded by Tyra-Lukens, to authorize the replacement of the hockey board system as recommended by Staff. Motion carried unanimously. 2. Awarding Bid for Dehumidification System at Community Center Lambert said they have received the bids for the dehumidification system in Rink 1 at the Community Center. Staff recommends accepting the bid of Conrad Mechanical for$69,800. The NSP credit will be$9,000,which brings the cost close to the estimated cost of$60,000. MOTION: Tyra-Lukens moved, seconded by Thorfinnson, to award bid to Conrad Mechanical in the amount of $69,800 for dehumidification system in Rink 1 at the Community Center. Motion carried unanimously. D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Resolution Awarding Contract for Construction of Golden Ridge Drive Improvements, I.C. 94-5360 Dietz said they received five bids and are recommending that the bid be awarded to Midwest Asphalt whose bid was 6.7% over the estimated cost. Case questioned whether we are required by law to accept the lowest bid. Pauly said we are not required to take the lowest bid if there are other conditions or qualifications that might disqualify a bid. Pidcock said she has some discomfort with awarding bids to a company that ignores our ordinances. CITY COUNCIL MINUTES May 9, 1995 Page 15 Thorfinnson questioned the schedule for trying to resolve our differences with Midwest and whether we could table this item until we have resolved our differences. 7ullie said their response is due back in two weeks. Harris noted that their response would not affect the results of this bid. MOTION: Case moved, seconded by Tyra-Lukens, to adopt Resolution 95-98 awarding I.C. 94-5360 and I.C. 94-5368, the Golden Ridge Drive Improvements and City West Parkway Improvements to Midwest Asphalt. Motion carried unanimously. F. REPORT OF CITY ATTORNEY XH. OTHER BUSINESS XM. AD TOURNMENT MOTION: Pidcock moved, seconded by Case, to adjourn the meeting. Motion carried unanimously. Mayor Harris adjourned the meeting at 10:55 p.m.