City Council - 06/17/1986 • �Z
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY , June 17, 1986 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUIW�IL MEMBERS: Mayor Gary Peterson, Richard Anderson,
George Bentley, Patricia Pidcock, and
Paul Redpath
CITY COUNCIL STAFF: City Manager Carl J . Jullie, Assistant
to the City Manager Craig Dawson,
City Attorney Roger Pauly, Finance
Director John Frane , Planning Director
Chris Enger, Director of Community
Services Robert Lambert, Director of
Public Works Eugene A . Dietz, and
Recording Secretary Jan Nelson
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilmember Pidcock was absent .
PRESENTATION OF PLAQUE RECOGNIZING JOHN SWORD FOR TEN YEARS OF
ff SERVICE AS A POLICE RESERVE OFFICER
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Mayor Peterson presented a citation plaque and a letter of recogni-
tion to John Sword for his ten years of service as a Police Reserve
Officer. The Mayor explained that the reserve program was initiated
in 1983 to aid and support the regular Police Officers and that
Reserve Officers must work as unpaid volunteers for a minimum of 120
hours per year in a variety of public safety roles .
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agendas IX . A . 1 .
Letter from Doug Reuter; X . A. Consideration off"Resolution
No . -1 1 Changes in- Prec lhct Boundaries and Polling aces.
MOTION: Anderson moved , seconded by Bentley , to approve the
Agenda and Other Items of Business as amended and published .
Motion carried unanimously.
II . MINUTES
A . Special City Council Meeting held Friday. MAY .30, 1986
MOTION: Bentley moved , seconded by Anderson, to approve
the Minutes of the Special City Council Meeting held Friday ,
May 30, 1986, as published . Motion carried unanimously.
City Council Minutes -2- June 17 , 1986 a
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B . Regular City Council Meeting held Tuesday, June 3 , 1986
MOTION: Bentley moved, seconded by Anderson, to approve
the Minutes of the regular City Council Meeting held E
Tuesday, June 3, 1986 , as published . Motion carried
unanimously.
III . CONSENT CALENDAR
A . 2nd Reading of Ordinance No . 31-86, Sprinkling Ban Amend-
ment '
B . Award Contract for PCB Transformer Replacement at Water
Treatment Plante I .C . 52-098 Resolution No . - 38
C . Final Plat Approval for Primeland_ 4th Addition (east side
of C-1—ty West Parkway)-
arkwa Resolution No .-86-139
D . Final Plat ARvroval for Hidden-Glen North 'east & west of
Dell Road south of Townline Resolution No . 86-140
E . S c ial Assessment Agreement for the D. Holland Addition
A
F. Clerk ' s License List
G. MOUNT CURVE ADDITION, by Mount Curve Developers . 2nd
Reading of Ordinance #25-85, Zoning District Change from
the Rural District to the RM-6 .5 District ; Approval of g
Developer' s Agreement for Mount Curve Addition= and Adop-
tion of Resolution No . 86-130 , Approving; Summary of Ordi-
nance #25-85 and Ordering Publication of Said Summary.
2 .87 acres into nine lots for seven townhouse units .
Location: Southwest corner of Franlo Road and Mount Curve
Road . (Ordinance #25-85, Rezonin Resolution #86-130,
Approving Summary and Publication
H. OLYMPIC HILLS 7TH ADDITION, by Olympic Hills Land Corpora-
tion . 2nd Reading of Ordinance #13-86, Zoning District
Change from the Rural District to the R1-13 .5 District ;
Approval of Developer' s Agreement for Olympic Hills 7th
Addition= and Adoption of Resolution #86-131 . Approving
Summary of Ordinance #13-86 and Ordering Publication of
Said Summary. 1 .05 acres for construction of three single
family homes . Locations 10602 , 10632 , 10662 Mount Curve
Road . (Ordinance #13-86 , Rezoning; Resolution #66-96 ,
Approving Summary and Publication)
I . TOUCH OF CLASS INTERIORS, by Kate and Craig Halverson.
2nd Reading oT Ord nance #14-86 , Zoning District Change
from the Rural District to the Office District ; Approval
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City Council Minutes -3- June 17 , 1986
of Developer' s Agreement for Touch of Class Interiors;
and Adoption of Resolution #86-132 . Approving Summary of
Ordinance #14-86 and Ordering Publication of Said Summary.
Location: Southwest quadrant of County Roads #1 and #18 .
(Ordinance #14-86, Rezoning; Resolution #86-132, Approving
Summary and Publication)
J . HIDDEN GLEN NORTH, by Derrick Land Company. 2nd Reading of
Ordinance 2 - -PUD-2-86, Zoning District Change from the
Rural District to the PUD-2-86-teighborhood-Commercial
District, to the PUD-2-86-RM-6 .5 District, to the PUD-2-86-
R1-13 .5 District and to the PUD-2-86-R1-9 .5 District;
Approval of Developer's Agreement for Hidden Glen North;
and Adoption of Resolution #86-133. Approving Summary of
Ordinance #21 -86-PUD-2-86, and Ordering Publication of Said
Summary. Neighborhood Commercial on 2 .10 acres . Rural to
Rm-2 .5 on 10 .95 acres, Rural to RI-9 .5 on 22 .72 acres , Rural
to R1-13 .5 on 8 .13 acres , into 119 lots, one outlot, and
road right-of-way. Location: Southeast quadrant of High-
way #101 and Townline Road . (Ordinance #21-86-PUD-2-86,
Rezoning; Resolution #86-133 , Approving Summary and Pub-
lication)
c K. FLAGSHIP ATHLETIC CLUB, by Flagship Athletic Club. 2nd
Reading of Ordinance 25-86, Zoning District Change from
the Rural District to the Commercial-Regional-Service Dis-
trict ; Approval of Amendment to Developer' s Agreement of
the Eden Prairie Athletic Club Agreement; and Adoption of
Resolution #66-134, Approving Summary of Ordinance #25-86,
and Ordering Publication of Said Summary. 27 .4 acres into
2 lots and 2 outlots and road right-of-way for parking lot
expansion. Location: West of Prairie Center Drive at
Singletree Lane . (Ordinance #25-86, Rezoning; Resolution
#86-134, Approving Summary and Publication)
L . BLUFFS WEST TH ADDITION, by the Bluffs Company. 2nd Read-
ing of Ordinance 10 - , Rezoning from the Rl-22 District
to the RI -13 .5 District ; Approval of Developer' s Agreement
for Bluffs West 5th Addition; and Adoption of Resolution
#86-145 , Authorizing Summary of Ordinance #106-84 and
Ordering Publication of Said Summary. 14.5 acres for 29
single family lots , south of Riverview Road, along West
Riverview Road . (Ordinance 106-84, Rezonin ; Resolution
#86-145, Authorizing Summary and Resolutiong
M . Approve Plans & Specifications for Wyndham Knoll (South of
W. 62nd Street, East of Hwy . I .Co 52-097, Phase
eso u ion o . 56-146 )
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City Council Minutes -4- June 17, 1986
MOTION: Bentley moved, seconded by Anderson, to approve
Items A - M on the Consent Calendar. Motion carried unani-
mously .
IV . PUBLIC HEARINGS
A . CONSIDER DRAINAGE IMPROVEMENTS IN BLUFFS WEST TH ADDITION
AND VICINITY: I .C . 52-0 Resolution No . -1 1
City Manager Jullie stated notice of this Public Hearing
had been published and property owners affected had been
notified . He noted that this project had been ordered
following a Public Hearing over a year ago, but the devel-
oper did not continue the development after the project
was approved . He said that a new developer is proposing
to go ahead with development thus requiring the drainage
improvements and , .further, that a second Public Hearing
is required because more than a year has elapsed since the
first hearing was held. y
Director of Public Works Dietz noted that nothing has changed
in the proposal since the first Public Hearing in February, .
F 1985 . He said that the cost will probably be about 5%
higher due to increased costs over the past year and a half .
He referred to the Feasibility Report prepared on the pro-
ject before the first Public Hearing. that presented six
alternatives to solve the drainage problems in the area
of Bluffs West 2nd and 5th . He reviewed the alternative
that was recommended to solve the drainage problem and said
that the estimated cost for the project was $274,000 at that
time and would be 5% higher at current prices . He further
noted that $150, 000 would be paid for by Hustad Development
and that the assessment rate is 12 .30 per square foot .
t rates had changed since last
Anderson asked if the interest ra g
year. Dietz said the rates should be slightly lower but
that he had not changed any of the figures to reflect the
lower rates .
Dr. James Diehl , 10530 W. Riverview Dr. , expressed concern
regarding the procedure used to determine what percentage
of each lot drains into the project area . Dietz responded
that , while the assumption was that half of each lot would
drain towards the street, the engineering staff would have
to go out and determine where the drainage line falls after
the project is completed .
Charles Koshenina, 10541 E . Riverview Dr. , commented on the
location of the holding pond being near the plume of con-
tamina-tion from the landfill and asked who would bear the
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City Council Minutes -5- June 17, 1986
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responsibility for repair and maintenance of the pond .
Dietz said that the pond would be used for sedimentation
and that the City would repair and maintain the pond .
Gail Diehl, 10530 W. Riverview Dr. , asked what protection
there would be for the wildlife in the area if the pond
becomes contaminated from the landfill . Dietz said that
could be taken into consideration as the final design of
the project is developed . He also noted that he was not
sure of the relationship between the area of the contamina-
tion plume and the location of the pond .
Red path asked if the drainage project could work without
the pond . Dietz responded that it could but that the pond
would be beneficial to keep sand and gravel deposits out
of the marsh area and to trap heavy metals as well as some
greases and oils .
Koshenina commented that he thought eliminating the pond
was a good idea as it would also help mosquito and insect
control as well as avoid wildlife contamination. Dietz said q
that the suggestion will be considered and that the Water-
shed District and D .N.R. must review the project and they
may require some modifications in the location and design
of the pond that might resolve the issue .
Koshenina asked if the slough hole at the south end of
Concord and Riverview Road would be filled in as part of
the project . Dietz said that. while the City does not own
that property, there will be a piping system put in to
connect the catch basins and pipe drains in the streets
so that water will be diverted from the area.
Brian Keegan, 10510 W. Riverview Dr. . expressed his concern
that this project is being ordered and implemented for the
benefit of the developer and that his property will receive
no benefit from it even though he will be assessed for it . y
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MOTION: Anderson moved, seconded by Redpath, to close the
Public Hearing. Motion carried unanimously .
MOTION: Anderson moved, seconded by Redpath, to adopt
Resolution No . 86-141 ordering improvements and prepara-
tion of plans and specifications for I.C . 52-069, Bluffs
West Vicinity Storm Sewer, and directing staff to investi-
gate with the Watershed District the questions concerning
the need for and location of the holding pond and to check
with the landowners regarding their specific concerns about
f drainage on their property . Motion carried unanimously.
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City Council Minutes -6- June 17, 1986
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B . CONSIDER STREET IMPROVEMENTS ON VALLEY VIEW ROAD BETWEEN
CSAH 4 AND MITCHELL ROAD I .C .- 1 -2 2 Resolution No. -
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City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified . He noted that, while this im-
provement had been ordered foilowing a Public Hearing
last year, more than one year has elapsed since that deci-
sion and State Statu'.0 requires that the project be con-
sidered again at a Public Hearing.
Director of Public Works Dietz reviewed the project details
and noted that just before bids for the project were to
begin this spring, word was received that the Chicago &
Northwestern Railroad had authorized a Feasibility Study
to consider abandoning the rail line . He said that, since
the project included a $600 ,000 bridge structure over the
rail line , the decision was made by the Council at that
time to put the project on hold . He noted that we have
learned that a decision by the railroad may not be forth-
coming soon, as abandonment requires up to two years for
Public Hearings before the I .C .C . and other agencies .
Dietz further stated that , because of the probable length
of time before a decision is reached on abandonment, plans
for this project were revised to include a temporary trestle
over the rail line that will cost about $100,000 . He noted
that , other than the change in the bridge structure , the
project is essentially the same as it was last year and
that the proposed assessments have not changed . He then
reviewed the costs of the project and the three categories
of assessments for the project--the existing single i'amily
residences , Edenvale Golf Course and the remaining parcels
adjacent to Valley View Road . He said that costs could be
up to 5% higher than the estimates of last year.
Peterson asked what the projected life of the temporary
trestle would be . Dietz said that it would last longer
than the increased traffic could be tolerated and that, if
it becomes evident that the rail line will not be abandoned,
the bridge would probably have to then be constructed .
Bentley asked if the assessments proposed on the residential
property would be the same as those assessments for any
typical residential street ; that is, that this is not an
assessment for an over-sized road . Dietz responded that
the assessment for the residential property was about half
that of a typical residential street .
City Council Minutes -?- June 17, 1986
Anderson asked if Edenvale Boulevard would be closed down.
Dietz said it would not be closed down completely . Ander-
son then asked if a new creek crossing would be built.
Dietz said there would be a new box culvert constructed
south of the existing location.
And e rSnn SYe.i _-'bout the rn -nrnnvc�i _a i 1 and Sidewalk
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systems . Dietz responded that there would be an eight-
foot wide bike trail on the south side from Hwy #4 to
Eaenvale Boulevard and a five-foot concrete sidewalk on
the north from. Hwy #4 to Mitchell Road except for the ex-
isting section of bituminous trail on the north side of
the road .
Dwaine Voas, 15807 Valley View Rd . , presented a letter to
the Council (Attachment A) expressing his concerns regard-
ing his property and the road reconstruction in general .
He noted his concern regarding compensation for condemna-
tion of his property for the storm sewer and thet consider-
ation should be given to expanding Valley View to four-lanes
all the way to Hwy. #4 at this time because of the traffic
levels that will continue to increase . Dietz noted that a
four-lane facility to Hwy #4 would require a substantial
amount of right-of-way taking and that most of what is in
the current project can be done within the existing right-
of-way.
Dave Bowers, 15800 Valley View Rd . , expressed concerns about
being assessed for the proposed park trail improvements, and
the large total assessments that would be made for the rela-
tively large lots along Valley View. He was concerned about
the cost for the tunnel being shared with the golf course
and also asked if a study could be made to determine the
cost of putting the utility lines underground .
K . D . Sien, 7400 Ontario, noted his concern about the resi-
dents paying for the commercial developments in the City
and about the proposed speed limit for the new Valley View
Road .
Bentley noted that the commercial developers pay more than
their share of property taxes in the City and said that he
felt this is a fair assessment for all those involved in
the project .
Dietz noted that the road would be designed for 40 mph
maximum, but that the road would be signed at 35 mph. He
also noted that the underpass at the golf course was included
as an alternative to a signal light at that point and that
the cost paid by the City for one-half of the tunnel would
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City Council Minutes -8- June 17. 1986
be about the same as the cost for the signal light . He
also reviewed the proposed park trail improvements .
Finette Dufour, 7300 Ontario Blvd . , noted that the trails
will increase biking and hiking traffic and said that she
believed the road should be posted for 30 mph Dietz
explained the relationship of the road design to the pro-
Anderson noted his concern that we may be penny-wise and
pound-foolish by not expanding Valley View Road to four-
lanes on the western section of the project . Dietz noted
that the traffic volume is on the border line of two-lane
versus four-lane but reiterated that the expansion would
take a lot of right-of-way from the residences along Valley
View and thus would be Quite costly.
Tim Dufour, 7300 Ontario Blvd . , asked how the assessments
would be made for his development of Prairie Knolls . Dietz
said that the assessment for his residence should have been
included in his escrow account .
Tom Robertson, 7003 Woodland Dr. , asked if the plans shown
for the temporary trestle over the rail line were the latest
plans . Dietz said they were .
Bernard Neumann, 15917 Valley View Rd . . objected to the
cost of the project as it would be assessed for his wide
lot and noted that other roads feeding into Valley View get
as much benefit as residents along Valley View.
Peterson noted that the assessment to the residents is pri-
marily for curb and gutter improvements and that the cost
of street improvements is being borne by all City residents.
Dietz noted that we have tried to keep a consistent assess-
ment method and that at some point all residents will pay for
half the residential street in front of their homes .
Dietz further noted that there will be another Public Hearing 3
after the project has been awarded to go through the special
assessment process . Peterson said that anyone who gets an
assessment that he feels is inappropriate can appeal and the
City must then prove that the assessment is equitable .
Voas asked if there would be traffic signals at the major
intersections . Dietz responded that there were none in the
current project but that signals would be considered as the
need arises in the future .
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City Council Minutes -9- June 17, 1986
MOTION: Anderson moved, seconded by Bentley, to close the
Public Hearings and adopt Resolution No . 86-142 authorizing
preparation of plans and specifications for I .C . 51-272,
Valleyy View Road Improvements between Mitchell Road and
CSAH 4. Motion carried unanimously.
C . IDLEWILD OFFICE CENTER 3RD ADDITION, by Land 'Sake, Inc .
Request I or Zoning District Change from Rural to Office x
on 0 .66 acres with Shoreland, and parking setback variances
to be reviewed by the Board of Appeals, Preliminary Plat-
ting of 2 .1 acre into 1 lot and 1 outlot for construction
of a 14, 000 square foot building. Location: Incest of High-
way #169, north of Eden Road . (Ordinance #32-86, Rezoning;
Resolution #86-135, Preliminary Plat)
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City Manager Jullie stated notice of this Public Hearing
had been published and property owners within the project
vicinity had been notified .
Tom Heiberg, the proponent, addressed the proposal .
Planning Director Enger said that the Planning Commission
r reviewed the project at its May 27. 1986 meeting and , on a
5-0 vote , recommended approval of the Zoning District Change
and Preliminary Plat subject to the recommendations contained
in the Staf f Report of May 23rd .
Director of Community Services Lambert said that the Parks:
Recreation & Natural Resources Commission reviewed this item
at its June 2nd meeting and recommended approval per the
Planning Staff recommendations , except that the Parks Com-
mission recommended the sidewalk/stairway extension from
the trail along the lake to the sidewalk along Eden Road be
paid for by the City . He further noted that Staff had con-
tacted representatives of Rosemount Engineering to see if
they would allow the trail to be extended on their property
so that it could be completed around the entire lake . He
said Rosemount is considering the request and will get back
to us on it .
Peterson asked who would maintain the stairway and trail
during the winter . Lambert said the City would maintain it
since it is a public trail but that Rosemount was concerned
about leaving the trail open in the winter because of the
open water on the lake .
Bentley asked about the discrepancy in the information
available regarding the size of the lots for the project .
/ Enger said that the total for the Plat should be 2 .7 acres ,
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City Council Minutes -10- June 17. 1986
and that 0.66 acres is the portion that is not currently
zoned for office. Bentley asked about the size of the
southern parcel and the floor area ratio . Enger said the
parcel is 1 .2 acres and the floor area ratio is 25 .9%.
Anderson asked about the drainage of Lake Idlewild . Lam-
bert noted that there is an outlet , thus providing an
established normal level for the lake .
There were no comments from the audience .
MOTION: Bentley moved , seconded by Redpath, to close the
Puolic Hearing and adopt 1st Reading of Ordinance No . 32-86
for Rezoning from Rural to Office . Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Anderson, to adopt
Resolution No. 86-135 approving the Preliminary Plat dated a
June 11 , 1986 of Idlewild Office Center 3rd Addition for
Land 'Sake , Inc . Motion carried unanimously .
MOTION: Bentley moved, seconded by Redpath, to direct Staff
to prepare a Developer' s Agreement per staff and Commission
f recommendations . Motion carried. unanimously .
t D . CMS REGIONAL iJ.:A.DQUARTERS, by Welsh. Construction Corp. Re-
quest for Planned Unit DevelopmentConcept Amendment Review
on approximately 100 acres, Planned Unit Development District
Review on approximately 23 acres with variances, Zoning
District Change from Rural to I-2 Park on 3 .24 acres, and
Preliminary Platting of 5 .25 acres into 2 lots for construc-
tion of a 33,000 square foot building. Location: West of
Executive Drive , north and east of Equitable Drive . (Reso-
lution #86-136 , PUD Concept Amendment ; Ordinance #33-86,
Rezoning; Resolution #86-137 . Preliminary Plat )
City Manager Jullie stated that notice of this Public Hear-
ing had been published and property owners within the project
vicinity had been notified .
Paul Dunn and Darrell Anderson, representing proponent,
addressed the proposal .
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Planning Director Enger said that the Planning Commission d
reviewed this item at its May 27, 1986 meeting and , on a 5-0
vote, recommended approval of the PUD Concept Amendment and
District Review and the Preliminary Plat of 5 .25 acres sub -
ject to the recommendations contained in the Staff Report
of May 23rd . He further noted that Staff would be reviewing
a revised landscaping plan prior to the issuance of a building
permit
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City Council Minutes -11- June 17, 1986
Peterson asked if any consideration had been given by Staff
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or Commission as to the effect of the possible future ex-
pansion on the greenspace . Enger said there would be less
greenspace if the building is expanded . Darrell Anderson A
pointed out the area of expansion on the project drawings .
Counc ilmember Anderson asked about the view of the project ' s
parking area from the nearbv apartment buildings . Enger
said there would be a partial view but that there are in-
tervening buildings and an elevation difference.
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Redpath asked if there would be semi-trailers parking there
24-hours a day. Dunn said that , with the proposed occupant
who has a ten-year lease . there will be two large truck
deliveries a week and that there will be no over-night
truck parking.
There were no comments from the audience .
MOTION: Bentley moved, seconded by Redpath, to close the
Public Hearing and adopt Resolution No . 86-136 for PUD Con-
cept Amendment to the cverall Edenval.e Industrial Park 9th
Addition PUD . Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt 1st
Reading of Ordinance No . 33-86 for Rezoning from Rural to
I-2 Park. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Reso-
lution No . 86-137 approving the Preliminary Plat of CMS
Regional Headquarters, Welsh Construction Corp. Motion
carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct staff
to prepare a Developer' s Agreement incorporating recommenda-
tions of the Planning Commission and staff. Motion carried
unanimously.
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Dunn then asked the Council for permission to construct
footings and foundations prior to the 2nd Reading. Enger
noted that it would probably be about a month before the
2nd Reading is scheduled , but also noted that he would
hesitate to set a precedent by granting such permission.
Councilmember Anderson noted his concern about setting a
precedent by granting this request for early construction
and said that he felt proponent could use other means to
meet the deadlines for construction.
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City Council Minutes -12- June 17, 1986
Redpath asked if it would be possible to speed up the
Developer's Agreement . Enger said that under extreme cir-
cumstanees a Developer' s Agreement has been completed in
two weeks, but noted that he didn't feel these circumstances
were that extreme nor was it a case of a delay being caused
by the City ' s planning and approval process .
Bentley noted he felt that the problem is not one of past
performance , but rather it is a case of establishing a
precedent that will return to haunt us .
Peterson asked if the footing and foundation permit could
be issued on the date that the Developer' s Agreement is
signed . Dietz said that normally any building permit is
contingent upon Plat approval because the property is not
considered a buildable lot until the Plat is approved, a
Developer's Agreement is signed and the fees are paid .
Dietz further said that any change in the usual process is
likely to cause confusion and mistakes will then be made .
The consensus of the Council was to deny the request for
an early footings and foundation permit .
E . REQUEST FOR MUNICIPAL INDUSTRIAL DEVE 0 NT BONDS IN THE
AMOUNT OF 1 000 FOR THE EXPANSION OF CASTLE RIDGE CARE
CENTER NURSING HOME Resolution No . 86-144)
City Manager Jullie stated that notice of this Public Hearing
had been published and posted . He said that proponents want
to construct an additional 21 "assisted care" units on the
current nursing home facility, and that the MIDB issue of
May, 1982 to Twin City Christian Homes provided for the
possibility of a second series of bonds in the future .
Jean Mulder, representing proponents, was available to
answer questions .
Bentley asked if they had considered expanding into -.he
existing Castle Ridge Condominium facility rather than con-
structing a new wing. Mulder said that they had looked into
it but the cost was prohibitive and that the units in the
existing facility did not meet the requirements of the pro-
posed living facilities . She also noted that they needed
to get their own heating and cooling units so that they do
not have to depend on the Condominium facility for heat and
cooling.
Bentley said he thought the primary issue was, as before ,,.
that they are proposing a public sale . He noted that they
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City Council Minutes -13 June 17, 10,86
now have about a 9% Equity position, representing an im-
provement over the first issue when there was no equity
involved .
Redpath asked Finance Director Frane if this proposal
would subtract from our overall MIDB. Frane responded
that it does not as the City no longer has the absolute
right to issue bonds .
There were no comments from the audience .
MOTIONS Bentley moved, seconded by Redpatho to ap rove
Resolution No . 86-144 for Preliminary Approval of 1 ,175t000
in MIDBs . Motion carried unanimously.
V . PAYMENT OF CLAIMS NOS . 27701 - 27968
MOTION: Anderson moved, seconded by Redpath, to approve the
Payment of Claims Nos . 27701 - 27968 . Roll call vote : Anderson,
Bentley, Redpath and Peterson voted "aye" . Motion carried unani-
mously .
V I . PETITIONS, REQUESTS & COMMUNICATIONS
There were none .
VII . REPORTS OF ADVISORY COMMISSIONS
There were no reports .
V III . APPOINTMENTS
There were no appointments .
IX . REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A . Reports of Council Members
1. . Letter from Doug Reuter
City Attorney Pauly commented on the letter received
from Doug Reuter dated June 6, 1986, that suggested
cancelling City Code Section 204 which is a code of
ethics for public officials and provides for certain }
disclosure of property interests . Pauly said he thought
that section could be repealed at the discretion of the
Council . Bentley noted his interpretation of the letter
to be that Reuter was stating that the section of code
had to be repealed since it unduly restricted the rights
of candidates to raise campaign contributions .
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City Council Minutes -1 4- June 17, 1986
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Peterson then asked City Attorney Pauly to review the
letter and to present his opinion on it at the next
Council meeting. He also suggested that Finance Direc-
tor Frane give Pauly any input he has regarding campaign
contributions .
B . Report of City Manager
City Manager Jullie noted the events at the Metropolitan
Council regarding the landfill variances and said that Pauly
would expand on those events in his report. b
C . Report of City Attorney
City Attorney Pauly reported on the events during the prev-
ious week during which the Met Council Advisory Commi+tee
considered the adequacy of the final E . I .S. on the Minnea-
polis recovery system that includes the transfer stations .
He said we had asked the Committee to not advise the Met
Council of the adequacy of the E . I.S . because it did not
treat the alternate sites in Eden Prairie as they should
have been treated ; however, the Committee voted to recommend
the E .I .S . as being complete and approved as adequate .
Pauly noted that we are asking for a Supplemental E.I .S .
in regard to the transfer stations.
Pauly also reported on the request for variance on the
Flying Cloud landfill . He said that the Advisory Committee
voted that the variance be granted. He said this occurred
despite the fact that the Met Council staff had come out
against the variance and recommended that it not be granted .
He said that we have submitted a letter to the Environmental
Resources Committee and will be making a presentation at
the Committee meeting tomorrow.
D. Report of Director of Public Works
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1 . Bids for Water Treatment Plant Expansions I .C . 52-072
Director of Public Works Dietz said that four bids have
been received for the ex nsion. He said that the City
Engineers had estimated $5 .5 million for the project and
the low bid was $5v050,000. He said that the low bidder,
Shaw-Lundquist , had called after submitting their bid to
say they had made a mistake . He said that because of the
complications caused by this situation, Staff is not
ready to make a recommendation now but will have one
prepared by the July 1st Council meeting.
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City Council Minutes -15- June 17, 1986
Anderson asked about the problems with the City water supply
and about the effect of the sprinkling ban. Dietz reported
on the condition of the water supply during the hot weather
and said that the sprinkling ban could now be enforced as a
result of tonight 's 2nd Reading.
Anderson commented that the water level in Round Lake was
quite a bit lower and asked if it was necessary to continue
the pumping efforts . Dietz responded that they are trying
to reach a certain level and , barring rainfall tonight ,
that level should be reached tomorrow.
X . NEW BUSINE SS
A . Consideration of Resolution No. 86-1 1 - Changes in Precinct
Boundaries and Polling Places
Finance Director Frane reviewed the proposed changes . He
noted that , after this change , there can be no more precinct
boundary changes until 1991 .
Bentley asked if the population in the area of Precinct #5-B
f would be sufficient to warrant this subdivision. Frane
noted that the lines were drawn based on present population
and estimated growth. A discussion of growth in that area
ensued .
Peterson asked why the precincts are designated 1A , 1B, etc . ,
rather than 1', 2 , etc . Bentley explained the relationship
of precincts to political party elections where delegates
are elected on a precinct basis; therefore, precinct boun-
daries were set so that political parties would have ade-
quate representation from a precinct . Frane said that there
will probably be a major change in 1991 in the designation
of the precincts . Redpath noted that it would have to be
done before the precinct caucuses .
Anderson asked why Precinct #4 does not include the area of
St . Johns Woods as he had received complaints from resi-
dents there regarding confusion as to polling place . Frane
said he thought it would be possible to change it so that j
those residents could be included in Precinct #4. i
MOTION: Redpath moved, seconded by Anderson, to approve
Resolution No . 86-131 establishing Precinct Boundaries and
Polling Places with the recommended change in the boundary
of Precinct #4. Motion carried unanimously.
City Council Minutes -16- June 17, 1986
Planning Director Enger distributed summary position papers
for the M.D .I .F. Public Hearing to be held next Wednesday.
He noted that the southwest communities are preparing a list
of the officials who would like to speak at the Public Hearing.
X I . ADJOURNMENT
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MOTION: Bentley moved, seconded by Anderson, to adjourn the
Meeting at 11 :00 FM. Motion carried unanimously.
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