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City Council - 07/06/1982 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 6, 1982 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Bob Lambert, Director of Public Works Eugene A. Dietz, Director of Public Safety Jack Hacking, and Recording Secretary Karen Michael 5 INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL : Councilman Paul Redpath was absent. I . FRESENTATION OF CHECK IN THE AMOUNT OF $2,000.00 BY DON OPHEIM, PAST PRESIDENT OF EDEN PRAIRIE ROTARY, AS FINAL PAYMENT FOR THE SENIOR CITIZEN VAN i Don Opheim, Past President of Eden Prairie Rotary, presented a check in the amount of $2,000.00 as final payment for the Senior Citizen Van. Mayor Penzel accepted the check on behalf of the City. MOTION: Tangen moved, seconded by Bentley, to thank the Rotary on behalf of the citizens of Eden Prairie for their gift. Motion carried unanimously. II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Item IX C. 1. Request from residents in Hidden Ponds regarding chemically treating. and and item IX. C. 3. Fairview Southdale Hospital Proposed Donation were moved to the Consent Calendar as items I. and J. Item IX. E. 1. Clerk' s License List was moved to immediately follow IV. Public Hearings. The following item was added to the Agenda under X. NEW BUSINESS A. Discussion on PCA Draft Permit Amendment. MOTION: Bentley moved, seconded by Penzel , to approve the Agenda and other items of business as amended and published. Motion carried unanimously. City Council Minutes -2- July 6, 1982 III. MINUTES A. Regular City Council Meeting_held Tuesday, June 1, _1982 Page 4, VIII_ A. add the following between the two "Motion" paragraphs: "Penzel suggested the Council waive the one year reapplication requirement, assuming there will be another proposal for this property. City Attorney Pauly said it might be easier if the proponent were to withdraw his application. Goetzman said he would withdraw his rezoning request. " MOTION: Bentley moved, seconded by Tangen, to approve the minutes of the City Council Meeting held Tuesday, June 1, 1982, as amended and published. Motion carried unanimously. B. Regular City Council Meeting held Tuesday, June 15, 1982 MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the City Council Meeting held Tuesday, June 15, 1982, as published. Motion carried with Edstrom abstaining. IV. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 82-09, rezoning Lorence Addition from Rural to RI-13.5 and RM 6.5 for forty-seven 47 sin le fami7 and fift -six 56) attache units an approval of Developer s Agreement. Located northwest of Round Lake. C. B. Final plat approval for Deer Creek (Resolution No. 82-153) C. Final _plat approval for Lorence 1st Addition (Resolution No. 82-154) D. Final plat approval for Lorence 2nd Addition (Resolution No. 82-155) E. Approve flans and specifications for drainage improvements in the vicinity of West 69th Street and Washington Avenue, and set bid opening date for July 29,_ 1982 at 10:00 a.m. , I .C. 52-004 Resolution No. 82-156 F. 2nd Reading of Ordinance No. 82-13, amending Park Use Ordinance regulating vendors G. Resolution No. 82-172, final approval for Municipal Industrial Development Bonds in the amount of 7V,550,000.00 for Twin City Christian Homes H. Resolution No. 82-173, approving 1981 Overhead Transfers to the General Fund I . Request from residents in Hidden Ponds regarding chemically treaties pond �formeri.y Ix. C.1.� J. Fairview Southdale Hospital Proposed Donation (formerly IX. C. 3. ) MOTION: Tangen moved, seconded by Bentley, to approve items A - J on the Consent Calendar. Motion carried unanimously. City Council Minutes -3- July 6, 1982 V. PUBLIC HEARINGS A. BAYPO_INT MANOR APARTMENTS (revised) by G & D Enterprises. Request to rezone 6.3 acres from Rural to RM 2.5 and preliminary plat approval to construct a 4-story building with 152 apartment units. The property is part of The Preserve PUD 70-04 and may include granting of variances . Located south of Preserve Community Center Barn and north of Neill Lake (Resolution No. 82-129 - PUD Development; Ordinance No. 82-14 - rezoning; and Resolution No. 82-130 - preliminary plat) - continued from 6/15/82 Richard Smith, developer for the proposal , asked to have the matter continued to the July 20, 1982, meeting so a full Council might be present. MOTION: Bentley moved, seconded by Tangen, to continue the Public Hearing on Baypoint Manor Apartments (revised) by G & D Enterprises to July 20, 1982, at the request of the developer. Motion carried unanimously. B. GUSTAFSON REZONING by Paul R. Gustafson. Request to rezone .385 acres from Rural to R1-13. 5 for construction of one ( 1)' single family home. Located across from 9635 & 9629 Bennett Place (Ordinance No. 82-17) Planning Director Enger noted the Planning Commission had reviewed this request at its June 14, 1982, meeting at which time it had recommended approval (unanimously) . Director of Community Services Lambert said this had not been reviewed by the Parks, Recreation & Natural Resources Commission. l MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance 82-17, rezoning from Rural to R1-135. . 385 acres. Motion carried unanimously. C. EDENVALE 9th ADDITION by Equitable Life Assurance Societ Request for nude Plan Amendment to change approximately thirty -six �(36) acres from Regional-Commercial to Industrial . Located north of TH 5 and west of pro- posed Schooner Boulevard. (Resolution No. 82-162) Dick Krier, Westwood Planning and Engineering, addressed the proposal and answered questions . Planning Director Enger stated this request had been before the Planning Commission at its May 19, 1982, meeting at which time the Commission voted (5-0-1 ) to recommend approval of the comprehensive Guide Plan change inclu- ding preliminary platting. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission has not yet reviewed the proposal due to scheduling problems .with the representatives of the developer. The Parks , Recreation & Natural Resources Commission expects to review this at its next meeting. Lambert did note Staff concerns relative to the trail system easement along the Creek and the sidewalk connection from the inner loop road to the south- west in the vicinity of the restaurants. 7 �a City Council Minutes -4- July 6, 1982 Krier noted the reason he had not appeared before the Parks, Recreation & Natural Resources Commission was because the proposal is simply for a land use change at this point. Since there are no specifics he felt it was unnecessary to make a full presentation to all Commissions. Krier outlined the proposed type of office/industrial use proposed for the site and cited locations within the Twin Cities area which are similar to what might be built here. Penzel asked what is proposed for the area north of this. Krier said it is shown as regional-commercial. K . Schumacher, Edenvale, said there is also some residential . Enger said there is medium density residential in that area. Bentley questioned the development of additional industrial and office/ware- y house uses in the Major Center Area, Enger said this might be comparable to the MTS Industrial Campus to the south. He also noted the marketability of this type of space. The magnitude of the request has a lot to do with the decision to be made. Bentley said he was concerned with whether or not indus- trial or office/warehouse uses are appropriate at all within the Major Center Area ; will this set a precedent. Enger said this should be a concern and should not set a precedent. The MTS parcel is all industrial and has 160 acres while this property has 100 acres. There was discussion on what might be developed on adjacent properties. Tangen expressed a desire to have the terracing which was shown on the illustrations to be a definite feature of the completed project. Krier said it would be. Krier said it is his feeling that the industrial/office use does not have to be as intensive as some people think it is. He is aware that there must be good design control and is willing to work with the Planning Commission and Staff to see that this comes about. Before this can happen however, he would like to find out if the Council agrees that this would be an appro- priate land use. There were no questions or comments from the audience. MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 82-162, approving the comprehensive Guide Plan Change of Edenvale 9th Addition. Tangen said he had reservations regarding the PUD but could go along with the proposed land use at this time. Bentley said he felt the question of office/warehouse land use would not change the overall usage in the Major Center Area. He said the City should work towards some sort of development plan for the Major Center Area. __ r City Council Minutes -5 July 6, 1982 x i Edstrom said he was concerned that this would change the Major Center Area. He felt this change was a major one. He felt it would be a mistake to make ' a decision based only on economic conditions . Tangen stated he felt there was room for a mixture, which this represents, because it is not only office/warehouse but also includes some office space. VOTE ON MOTION: Motion carried with Edstrom voting "no. " D. RIDGEWOOD WEST TWO PUD & FIRST PHASE DEVELOPMENT by Centex Homes Midwest , Inc._ Request for Comprehensive Guide Plan change from low density to medium density residential for 63. 5 acres , Planned Unit Development concept approval for 172 detached cluster single family and 160 condominium units, first phase develop- ment of 17 acres for 57 single family detached units, preliminary plat approval , and variances from the R1-13.5 District and approval of an Environmental Assess- ment Worksheet. Located east of Mitchell Road and north of Research Road. (Resolution No. 82-168 - Guide Plan change; Resolution No. 82-165 - PUD; Resolution No. 82-166 - preliminary plat; and Resolution No. 82-167 - EAW) Tim Eller, President of Centex Homes Midwest, Inc. , addressed the proposal . Also present was Dick Krier, Westwood Planning and Engineering , consultant for the project. Eller showed the site lines and architectural renderings of the homes to be built. The homes will be in the $60,000 - $80,000 range. Director of Planning Enger said the Planning Commission had reviewed this proposal at its June 14, 1982, meeting and voted to recommend approval subject to the recommendations contained in the June 10, 1982, Staff Report. Director of Community Services Lambert noted the Parks , Recreation & Natural Resources Commission had reviewed the proposal at its June 21, 1982, meeting and had voted to recommend approval . The Commission had concerns about the sidewalks and the southern totlot. It would like to see the totlot deleted. Edstrom asked when Anderson Lakes Parkway will be developed. Enger said its construction would be very timely at this point. Centex would be happy to petition for its portion which,while only a very small portion of the entire roadway , would benefit their development greatly. Others in the area are in favor of seeing the roadway built and a petition in regard to that will be forthcoming in the near future. Penzel asked about the colors to be used on the exterior of the homes . Eller said there will be more variations than the ones shown; the colors shown were representative colors. Tangen asked if there were any other methods available to the City which would allow this project to proceed without requiring such a substantial variance. Enger said there is none available at the present time; once the City Codes are codified there will be a category in the new zoning ordinance which would be more adaptable to this type of development. C - r, City Council Minutes -6- July 6, 1982 Bentley said he thought this to be a creative approach which is architecturally 4 attractive and will provide affordable housing in Eden Prairie. Edstrom con- curred this was an imaginative effort. Penzel said the issue of color could be addressed in the Developer's Agreement. He felt the expandability of the units should be severely restricted via the Homeowners' Association agreements or covenants. Bentley noted these concerns had been adequately addressed in the Lorence Addition Developer's Agreement. There were no comments from the audience. MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82-168, approving the amendment of Planned Unit Develop- ment 82-26 of Ridgewood West. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-165, approving the Ridgewood West Two Planned Unit Development and amending the Guide Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-166 , approving the preliminary plat of Ridgewood West Two. Motion carried unanimously. '. MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the Develop- er' s Agreement including the recommendations included in the Staff Report, those of the Planning Commission and Parks , Recreation & Natural Resources Commission, and reference to the footprint size, colors to be used on the exterior, and f the totlot as recommended by the Planning Commission. Motion carried unanimously.,' Tangen asked if perhaps the new zoning ordinance (Chapter 11) would make Phase Two of this project less cumbersome from a zoning standpoint. City Attorney Pauly noted the zoning is not in place so nothing can be tied down. There would still have to be some variances. Penzel suggested the mechanics of the matter be looked into by Pauly. MOTION: Bentley moved , seconded by Edstrom, to adopt Resolution No. 82-167, finding the Environmental Assessment Worksheet for Ridgewood West Two a private action which does not require an Environmental Impact Statement. Motion carried unanimously. E. Vacation of utility easements in the Bryant Lake Office Park and preliminary pat t approval . Vicinity of Market Place Drive and Valley View Road. Resol - ution No. 82-157 - vacating easements and Resolution No. 82-164 - preliminary plat) Bob Ryan, Ryan Development , addressed the request which is to consolidate 14 buildings to 13 buildings with less parking. He noted there would be adequate room for expansion of parking if needed. Due to the proposed changes in build- ing locations, it is necessary to vacate the "blanket" easement and replat it with the new lot locations. City Council Minutes -7- July 6, 1982 There were no comments from the audience. s MOTION: Tangen moved , seconded by Edstrom, to close the Public Hearing . and to adopt Resolution No. 82-157 , utility easement on Lots 13 and 15, Block 1, Bryant Lake Center. Motion carried unanimously. MOTION: Tangen moved , seconded by Edstrom, to adopt Resolution No. 82-164 , approving the preliminary plat of Bryant Lake Center 2nd Addition. Motion carried unanimously. F. Vacation of right-of-wa easement adjacent to Anderson Lakes Parkway FResolution No. 82- 158) Director of Public Works Dietz noted this is a housekeeping matter. There were no corments from the audience_ MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82- 158, vacation of right-of-way easement ad- jacent to Anderson Lakes Parkway . Motion carried unanimously. G. Vacation of Media Lane and utiliV easements (Resolution No. 82-169) Director of Public Works Dietz addressed 'the need for the vacation which was necessitated largely by the Schooner Boulevard project. Don Brauer, representing the owner of the property, said a Resolution Number .. is required before the final plat can be printed -- the whole matter can be disposed of at the next Council meeting. MOTION: Edstrom moved, seconded by Tangen , to close the Public Hearing and to continue consideration of the Resolution to be concurrent with final plat approval . Motion carried unanimously. H. Tax Increment Financing District for Edenvale Apartments (Resolution No. 82-174) City Manager Jullie noted Staff had requested additional information from the proponent which will not be ready until the July 20, 1982, meeting. The developer has requested a continuance of this item to that time. MOTION: Tangen moved , seconded by Bentley, to continue the Public Hearing on the Edenvale Apartments Tax Increment Financing District to July 20, 1982. Motion carried unanimously. I . Request for Municipal_ Industrial Development Bonds in the amount of 9, 170,_000.1T00 for P & L Investment Company_ _Sheraton Inn) . (Resolution No-._ $2-17 _--- ---- Jack Rosberg, attorney for the developer, spoke to the request. Also present were Paul Thomas , general ,partner of P & L Investments ; Steve Sherf, Laventhol & Horwath , accountants ; and Carmen Tuminelly, construction manager. City Council Minutes -8- July 6, 1982 X Rosberg said they have three options relative to selling the bonds : a) private sale of bonds to a single purchaser; b) private sale to in- stitutional investors; or c) public bond sale which would be secured by a letter of credit. Edstrom asked what the terms of the sale would be. Rosberg said they did not know but they hoped it would be no less than 10 - 12 years with a long term amortization of 25 - 27 years. Penzel asked Thomas what his equity position in the project would be. Thomas said it could be as much as one million dollars or they might be able to get 100% financing. k „ There were no questions from the audience. MOTION: Bentley moved , seconded by Edstrom, to close the Public Hearing and to adopt Resolution No. 82-171 , giving preliminary approval to a project under the Municipal Industrial Development Act, referring the proposal to the Commissioner of Energy, Planning and Development for approval and authorizing preparation of necessary documents. Motion carried unanimously. J. CHAPTER 11 (ZONING) OF CODIFICATION (Ordinance No. 82-18) Director of Planning Enger briefly reviewed the changes which have been made including the reorganization of sections , new section definitions in some cases; suggested amendments to the Rural district to require 10 acre lots -- existing lots between 5 and 10 acres would be grandfathered in; a new RI-44 District would be created for use in areas where the size of the lot would best protect natural resources (this would be in sewered areas) ; the existing R1-22 zone would be required to have sewer and water from this point forward; the existing R1-13.5 zone would be modified to allow a maximum density of 2.5 units per acre rather than 2 units per acre and would allow minimum street frontage of 55' with the same median lot width of 90' ; a new residential district R1-9.5, 9500 square foot minimum lot size, with floor area ratio restrictions to proportion the house to the lot, would be. adopted; a new commercial district, neighborhood/commercial , would divide the commercial areas more in keeping with the designations of the Comprehensive Guide Plan; the Planned Study District would be dropped; and a Slope Ordinance . Section would be added. Penzel suggested a neighborhood/commercial designation be shown which would include residential use in a commercial structure such as was found with living units above the corner grocery store in older areas of the Metropolitan Area. Discussion centered on how this might be accomplished and what the draw- backs might be. Enger said it might be best permitted through the PUD process . City Attorney Pauly said this could be denoted on the chart with a further explanation in the text. City Council Minutes -9- July 6, 1982 There were no comments or questions from the audience. } City Attorney Pauly noted that Ordinance No. 82-18 refers to "text to be inserted" and that reference is to the composite material contained in Chapter 11 which the Council had been most recently considering at its June 29, 1982, meeting. MOTION: Bentley moved, seconded by Edstrom, to continue the Public Hearing to July 20, 1982, and to direct the matter for recommendation to the Planning Commission prior to that meeting. Motion carried unanimously. City Attorney Pauly said the separate publication of this Chapter can be avoided if it is a part of the Codification process . CLERK' S LICENSE LIST (formerly IX. E. 1. ) (including Emswiler request for kennel license continued from 6/15/82) Penzel noted the materials referring to this matter which had been included "For Your Information" in the Council packets. Bentley asked how many of the three dogs in question are presently licensed. Director of Public Safety Hacking stated two of the three were. Jim Coleman, 6580 Undestad, who lives with the Emswilers, said one of the dogs is his and he thought the dog was licensed in his name, Hacking said there is no Iicense under Coleman ' s name. Tangen asked the age of the dogs . Joan Emswiler, 6580 Undestad, stated there is a 7 year old female (Coleman' s dog) , a 3 year old male, and a 3 year old female; all are either neutered or spayed. Penzel noted the dogs have not been licensed all the time they have been kept at 6580 Undestad. City Manager Jullie said there had been at least two phone calls to City Hall by neighbors expressing their concern about the situation. These neighbors ex- pressed reluctance to appear at this meeting. Penzel asked City Attorney Pauly what alternatives the City has if the kennel license is denied. Pauly said if one of the dogs was not disposed of in some manner, there would be a charge of being in violation of a City Ordinance and. that charge would continue until a dog was disposed of one way or another. Bentley said he had received three phone calls from neighbors of Emswiler's; all said there had been no problems for some time. None was willing to come this even- ing for fear of reprisals . Edstrom said the Ordinance calls for a certain size lot before a kennel license can be granted. He said he would vote against granting the private kennel license for the reason the Emswiler' s ;I acre lot is not appropriate in that it does not conform to City policy. . I City Council Minutes -10- July 6, 1982 Tangen said he appreciated Edstrom's view but noted there has been a modification of behavior and no citations had been issued in a year and a half. He felt the i Council was involved in a neighborhood feud. He would like to find a solution. Bentley said the problem seemed to be under control and he could see granting a license with restrictions which would take care of the issue. MOTION: Bentley moved, seconded by Tangen, to approve the private kennel license for Joan Emswiler with the following restrictions: a) if one of the dogs should die, it will not be replaced; b) if one of the dogs is removed from the residence, it will not be replaced; c) no additional dogs will be added; d) any obvious viola- tion(s) (e.g. , if a dog breaks a restraint,it is not in violation) would mean re- moval of a dog and revocation of the private kennel license. Motion carried with Edstrom voting "no. " Tangen said he voted in favor of the motion because there seemed to have been a modification of behavior and because no neighbors were present to refute the issue. MOTION: Bentley moved, seconded by Edstrom, to approve the remainder of the Clerk' s License List. Motion carried unanimously. VI . PAYMENT OF CLAIMS NOS. 2430 - 2714 MOTION: Bentley moved , seconded by Edstrom, to approve the Payment of Claims Nos . 2430 - 2714. Roll call vote : Sentiey, Edstrom, Tangen and Penzel voted "aye with Edstrom abstaining on Claims Nos. 2546 arid 2620. Motion carried. VII . REPORTS OF ADVISORY_COMMISSIONS A. Historical & Cultural Commission 1. Discussion on Indian Mounds (Mona Finholt) Penzel noted a letter of July 6 , 1982, from Mona Finholt which addressed the preservation of Indian mounds . Penzel said he had personally spoken with a representative of the American Indian Move- ment and he said they were not very interested in the Indian mounds in Eden Prairie. Edstrom said if the Commission wishes to make a recommendation regard- ing an Ordinance then they should send one on to the City Council . Bentley said he would like to know how parameters for preservation would be determined if an Ordinance were drafted . City Attorney Pauly called attention to the State Statutes which outline identification and authentication provisions. MOTION: Edstrom moved, seconded by Tangen, to suggest, via. Staff, that the Historical & Cultural Commission come back to the Council with what it would like to see in an Ordinance. Motion carried unani- mously. ti City Council Minutes -11- July 6, 1982 3 2. Request for expenditure of funds for the Restoration Committee Penzel called attention to the July 2, 1982, memorandum from Sandra Werts, regarding the Restoration Committee Fund Raising Campaign. MOTION: Bentley moved, seconded by Tangen, to approve up to $5,000 from the Historical and Cultural Commission budget to help cover the costs of the Restoration Committee fund raising campaign. Roll call vote: Bentley, Edstrom, Tangen and Penzel voted "aye." Motion carried unanimously. VIII . ORDINANCES & RESOLUTIONS A. Preliminary approval' for Housing Revenue Bonds in the amount of $7 000 000.00 for G & D Enterprises Baypoint Manor Apartments and authorizing a Public Hearing on a Housing Program for the City of Eden Prairie Resolution No. 82-170 MOTION: Bentley moved, seconded by Edstrom, to continue action on this item to the July 20, 1982, Council Meeting at the request of the developer. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Edstrom: 1. Hennepin County has requested comments regarding their landfill proposal . Edstrom recommended the matter be referred to Director of Planning Enger and requested Enger send a letter to the County in support of the County's proposal . 2. Edstrom said he would like to relinquish his seat on the Solid Waste Committee. Bentley said he would like to be on that Com- mittee. MOTION: Edstrom moved, seconded by Tangen, to appoint George Bentley to the Solid Waste Committee, Motion carried unanimously. 3. The State Waste Management Board is now in the process of looking at transfer stations. Edstrom suggested that Staff look over the criteria which have been developed. MOTION: Edstrom moved, seconded by Bentley, to direct Staff to review the criteria developed by the Waste Management Board and to direct all comments in that regard to the Waste Management Board. Motion carried unanimously. Penzel : 1. Announced there would be a Certificate of Compliance Meeting on July 20, 1982. This is in regard to Community Education. Director of Community Services Lambert will send someone to represent the City's interest. 2. The Hopkins School Board has asked someone to represent the City at a meeting on July 15, 1982, at which time ways in which cooperation might be increased will be discussed. Director of Community Services Lambert will send someone from his Staff. 3. Noted the Annual Report of the Suburban Nursing Service had been received and is available to those interested. City Council Minutes -12- July 6, 1982 1. 8pppintment of 1 representative to the Development Commission to fi•11 an unexpired term to 2/28/83_ MOTION: Edstrom moved , seconded by Bentley , to appoint Steven Jacobs to the Development Commission. Motion carried unanimously. B. Re ort of Ci ter Manager There was no report. C. Report of Director of Community_Services 1. Request fYrom residents in Hidden Ponds regarding chemically_treating pond_ - This item was moved to the Consent Calendar as 47 I . 2. Dedication Plaque for Eden Prairie Common i t Center Director of Community Services Lambert spoke to his memorandum of June 17, 1982, regarding the dedication plaque whick Smiley Glotter Associates has offered to donate. MOTION: Tangen moved, seconded by Bentley, to accept the dedication plaque for the Eden Prairie Community Center from Smiley Glotter Asso- ciates . Motion carried with Edstrom abstaining. 3. Fairview Southdale Hospital ProFosed Donation - This item was moved to ( the Consent Calendar as IV. J. D. Report of Director of Public Works 1. Award contract_for Mitchell Lake Estates 2nd Addition Iymprovements , I .C. 52-030 (Resolution No. 82-140� Director of Public Works Dietz spoke to his memo of June 28, 1982, in which he outlined the reasons for the rejection of bids. MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-140, rejecting bids for Mitchell . Lake- Estates 2nd Addition Improve- ments , I .C. 52-030. Motion carried unanimously. E. Report of Finance Director 1. Clerk' s License List (including Emswile r request for kennel license continued from 6/15/82) f This item was moved to immediately follow item V. J. _ __...- ____.._ ice_.._ _�._ ._� f._...-_..... �_ •lm _ - _ ..;+•, City Council Minutes -13- July 6, 1982 d K F. wort of City Attorney. City Attorney Pauly reviewed a question which had come up regarding the low bid on the southwest quadrant of Schooner Boulevard_ The contractor said a mistake had been made in a bid figure. Pauly outlined the options available to the City. MOTION: Tangen moved , seconded by Bentley, to direct Staff to seek an agreement_ with the contractor via arbitration. Motion carried unanimously. MOTION: Bentley moved , seconded by Penzel , to continue the meeting beyond the 11: 30 p.m. time limit. Motion carried unanimously. X. NEW BUSINESS A. Discussion on PCA Draft Permit Amendment City Manager Ju7iie said the draft of the landfill permit application had been received by the City on June 11 , 1982 . A meeting is set for 4 Wednesday, July 14, 1982, to discuss the draft. Jullie said he has been nevi ewi riq the draft and will go to next week' s meeting with the intention of working out the details and clarifying points, if the Council so directs. He felt the content was generally good. Bentley asked if there would be some way in which the City might be able to force any future expansion to comply with the rules and regulations in effect for new landfills . Bentley expressed displeasure with not having known about the application being received by the City until he read about it in the Minneapolis Star and Tribune' s Community Section. Tangen expressed concern that adequate time to review the application had not been given. He asked that this concern be expressed and that a request to have until at least the July 20 , 1982, City Council meeting for review be made. City Manager Jullie noted the PCA had called the City and said they had found toxic organics in one of the wells they are monitoring. Director of Public Works Dietz will meet with the PCA on Friday, July, 9, 1982, to dis- cuss these findings . Dietz will report to the Council regarding this meet- ing . XI . ADJOURNMENT MOTION: Bentley moved, seconded by Edstrom, to adjourn the meeting at 12:00 midnight . Motion carried unanimously.