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City Council - 08/18/1998 APPROVED MINUTES EDEN PRAIRIE, CITY COUNCIL TUESDAY,AUGUST 18, 1998 7:30 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Jean Harris, Sherry Butcher-Younghans, Ronald Case,Ross Thorfinnson,Jr., and Nancy Tyra-Lukens CITY COUNCIL STAFF: City Manager Chris Enger,Director of Parks, Recreation &Natural Resources Bob Lambert, Director of Public Works Eugene Dietz, City Planner Michael Franzen, City Attorney Roger Pauly, and Council Recorder Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL Mayor Harris called the meeting to order at 7:30 PM. All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Tyra-Lukens moved, seconded by Thorfinnson,to approve the Agenda as published. Motion carried 5-0. H. OPEN PODIUM III. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 4, 1998 MOTION: Case moved, seconded by Butcher-Younghans,to approve as published the Minutes of the City Council meeting held Tuesday,August 4, 1998. Motion carried 4-0-1,with Harris abstaining. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. RIVERVIEW BLUFFS by Laukka-Jarvis,Inc. 2nd Reading of Ordinance 20- 98-PUD-14-98 for Planned Unit Development District Review on 28.32 acres and Zoning District Amendment in the R1-13.5 Zoning District on 28.32 acres. Location: Riverview Bluffs (Ordinance 20-98-PUD-14-98 for PUD District and Zoning District Amendment) CITY COUNCIL MINUTES August 18, 1998 Page 2 C. OAK HOLLOW by MSS Holdings,LLC. 2nd Reading of Ordinance 21-98 for Zoning District Amendment within the R1-22 Zoning District on 3.6 acres. (Ordinance 21-98 for Zoning District Amendment) D. ADOPT RESOLUTION 98-140 APPROVING FINAL PLAT OF RIVERVIEW BLUFFS E. ADOPT RESOLUTION 98-141 APPROVING APPOINTMENT OF ELECTION JUDGES FOR 1998 PRIMARY& GENERAL ELECTIONS F. ADOPT RESOLUTION 98-142 AMENDING FEE RESOLUTION 98-1, SPECIAL EVENT LIQUOR FEE G. ADOPT RESOLUTION 98-143 APPOINTING RESPONSIBLE AUTHORITY IN ACCORDANCE WITH THE MINNESOTA DATA PRACTICES ACT H. ADOPT RESOLUTION 98-144 AWARDING CONTRACT FOR EDEN CROSSING FRONTAGE ROADS CONSTRUCTION,I.C. 93-5304 I. ADOPT RESOLUTION 98-145 AWARDING CONTRACT FOR BITTERSWEET TRAIL PROJECT,I.C. 98-5465 J. ADOPT RESOLUTION 98-146 AUTHORIZING FEASIBILITY STUDY FOR INTERSECTION IMPROVEMENTS AT TH212 AND PROPOSED NEW INDUSTRIAL STREET IN THE SOUTHWEST QUARTER OF SECTION 28,I.C. 98-5470 K. APPROVE INFORMAL PROFESSIONAL SERVICES PROPOSAL FROM WESTWOOD PROFESSIONAL SERVICES FOR DESIGN AND INSTALLATION OF ENGINEERING VEHICLE PRE-EMPTION EQUIPMENT ON TWENTY SIGNALIZED INTERSECTIONS,I.C.98- 5472 L. AWARD CONTRACT FOR PREPARATION OF EDUCATIONAL VIDEO ON WATER-RELATED ISSUES MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve items A-L on the Consent Calendar. Motion carried 5-0. V. PUBLIC HEARINGSDUETINGS A. ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR FULLER ROAD STORM SEWER IMPROVEMENTS,I.C. 98-5461 (Resolution 98-147) CITY COUNCIL NIINUTES August 18, 1998 Page 3 Enger said the official notice of this Public Hearing was published on August 6, 1998 in the Eden Prairie News. An office warehouse building is being constructed on an industrial site at the south end of Fuller Road. An extension of storm sewer to the south end of Fuller Road is required to provide an outlet for the storm water treatment facility that will serve this site. This storm sewer would also provide a future outlet for the undeveloped portion of the Birchwood Labs site at the south end of Fuller Road. Gray said the estimated costs are just over$60,000. The costs would be assigned to the two properties involved,with 70%of the cost assigned to the new building site and 30%to Birchwood Labs. If it is approved,they plan to construct the project in October. There were no comments from the audience. MOTION: Case moved, seconded by Thorfinnson,to close the Public Hearing; and to adopt Resolution 98-147 ordering improvements and preparation of plans and specifications for Fuller Road storm sewer improvements. Motion carried 5- 0. B. VACATION 98-03: RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS LOCATED WITHIN DORENKEMPER ESTATES (Resolution 98-148) Enger said the official notice of this Public Hearing was published on August 6, 1998 in the Eden Prairie News. The developer of Settlers Ridge has requested the vacation of the underlying right-of-way and easements within Dorenkemper Estates to accommodate the replatting of the site. There were no comments from the audience. MOTION: Thorfinnson moved, seconded by Case,to close the Public Hearing; and to adopt Resolution 98-148 vacating the right-of-way and drainage and utility easements located within Dorenkemper Estates. Motion carried 5-0. C. VACATION 98-05: PART OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 1,BLOCK 2, SOUTHGATE (Resolution 98-149) Enger said the official notice of this Public Hearing was published on July 30 and August 6, 1998 in the Eden Prairie News. The property owner has requested vacation of part of the easement over this parcel to allow the construction of a deck which would encroach into the easement. Dietz noted the storm water pond is no longer necessary. There were no comments from the audience. CITY COUNCIL MINUTES August 18, 1998 Page 4 MOTION: Tyra-Lukens moved, seconded by Butcher-Younghans,to close the Public Hearing; and to adopt Resolution 98-149 vacating the drainage and utility easement over Lot 1,Block 2, Southgate. Motion carried 5-0. VI. PAYMENT OF CLAIMS MOTION: Thorfinnson moved, seconded by Butcher-Younghans,to approve the Payment of Claims as submitted. Motion carried on a Roll Call vote with Butcher- Younghans, Case,Thorfinnson,Tyra-Lukens and Harris voting"aye." VH. ORDINANCES AND RESOLUTIONS VIII. PETITIONS,REQUESTS AND COMMUNICATIONS IX. REPORTS OF ADVISORY BOARDS & COMMISSIONS X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER C. REPORT OF DIRECTOR OF PARKS,RECREATION&NATURAL RESOURCES D. REPORT OF DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Award Contract for Well No. 13,I.C. 97-5441 Referring to his memo of August 18, 1998,Dietz said the bid tabulation for construction of Well No. 13 resulted in the recommendation that the contract be awarded to Mark J. Traut Wells,Inc. in the amount of $116,250. There was a minor irregularity in the bid in that t contractor gave the bid to the consultant who arrived nine minutes late for the opening. Dietz discussed the irregularity with the City Attorney's office, and they believe it is a minor irregularity and should be waived. MOTION: Case moved, seconded by Thorfinnson,to award the contract for construction of Well No. 13, I.C. 97-5441, to Mark J. Traut Wells, Inc. in the amount of$116,250.00. Motion carried 5-0. CITY COUNCIL MMUMS August 18, 1998 Page 5 Dietz noted Staff will return with the bids for the rest of the well equipment later this fall. F. REPORT OF CITY ATTORNEY XII. OTHER BUSINESS XIH. ADJOURNMENT MOTION: Tyra Lukens moved, seconded by Butcher-Younghans,to adjourn the meeting. Motion carried 5-0. Mayor Harris adjourned the meeting at 7:45 PM.