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City Council - 10/06/1987 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 6 , 1987 7 : 30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF : City Manager Carl. J . Jullie , Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane , Director of Planning Chris Enger, Director of Community Services Robert Lambert , Director of Public Works Eugene A. Dietz , and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present . PRESENTATION OF AWARD OF MERIT FROM MINNESOTA SOCIETY OF ARBORICULTURE ' Mayor Peterson said this presentation will be postponed to a future meeting date . I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved , seconded by Bentley, to approve the Agenda and Other Items of Business as published . Motion carried unanimously. I I . MINUTES A . Joint City Council School Board Meeting held Tuesday, August 18, 1987 The following items were changed : Page 1 , last paragraph, Sentence 3: change "relieve" to "relief" . MOTION: Pidcock moved , seconded by Bentley, to approve the Minutes of the Joint City Council/School Board Meeting held Tuesday, August 18 , 1987, as published and amended . Motion carried unanimously . B . City Council Meeting held Tuesday, September 1 , 1987 The following change was made to Page 6, Paragraph 2 , Sentence 4: change to read #formulation of a design with which the Council could feel comfortable" . F City Council Minutes -2- October 6 , 1987 MOTION: Harris moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, September 1 , 1987, as published and amended . Motion carried with Pidcock abstaining. C . Special City Council Meeting held Tuesday, September 15 , 1987 MOTION: Pidcock moved , seconded by Anderson, to approve the Minutes of the Special City Council meeting held Tuesday, September 15 , 1987, as published . Motion carried unanimously . F D . Special City Council Meeting,, held Tuesday, September 22 , 1987 MOTION: Anderson moved , seconded by Bentley, to approve . the Minutes of the Special City Council meeting held Tuesday, September 22, 1987, as published . Motion carried unanimously . III . CONSENT CALENDAR A . Clerk ' s License List B . Approval of Joint Powers Agreement with Metropolitan Air- ports Commission regarding=Financial Participation to Construct Fire Station No . C . 1st Reading of Ordinance No . 52-87, regulating the sale of strong beer D . Award Bid for Renovation for New Senior Center E. Authorize Joint Powers Agreement with the City of St . Paul to protect the municipal lumping rate classification for municipal water supply systems F. Authorize a cooperative agreement with the City of Minne- tonka to provide for sewer services a for Edenbrook subdivision G. Final Plat approval for Timber Creek North South of West 2nd Street and northeasterly of Purgatory Creek Resolu- tion No . 7-2 7 H . Final Plat approval for Bluestem Hills 4th Addition (east of Benne ace a_md north or PUrgatory ree eso u ion o . I . Final Plat approval for Edenbrook south of West 62nd Street and west of Cranberry Lane Resolution No . 7-256 City Council Minutes -3- October 6 , 1987 J . Authorize permit application for connection to MWCC Sanitary Sewer Interceptor for Eden Pointe Apartments (Olympic Hills Villas Resolution No . 7-2 3 K. Authorize permit application for connection to MWCC Sanitary Sewer Interceptor for Timber Creek North Resolution No . 87-264) L. Authorize execution of Department of Natural Resources License to cross public waters for Welter Purgatory Acres 2nd Addition Resolution No . 7-2 5 M . Change Order No 1 , Bennett Place/Blossom Roads I .C . 52-105 N . Change Order No . 1 , Bluffs West Area Drainage , I .C . 52-069 0 . INSULATION DISTRIBUTORS INC .. . by Welsh Companies . 2nd Reading of Ordinance No . - 7 , Rezoning from Rural to I-2 ; Approval of Developer' s Agreement for Insulation Distribu- tors, Inc . ; and Adoption of Resolution No . 87-245, Authorizing Summary of Ordinance No . 46-87 and Ordering Publication of Said Summary . Approximately 2 .0 acres for construction of 29, 885 sq . ft . office/warehouse structure . Location : North and east of Equitable Drive , South of r Valley View Road . (Ordinance No . 46-87 - Rezoning; Resolution No . 87-245 - Authorizing Summary and Publication P. CRESCENT RIDGE. Denial of 2nd Reading of Ordinance No . 58- 3 , Rezoning of 26 .6 acres from Rural and R1 -22 to R1 -13 .5 and 20 acres from Industrial General and Rural to RM-6 .5, with variances, .for mixed residential development . Location: North of Highway No . 5 at the western boundary of the City of Eden Prairie . Q . THE RIDGE 2ND ADDITION, by Dirlam Development . 2nd Reading of Ordinance No . 30- 7-PUD-5-87, Rezoning from Rural to PUD-5-87-R1 -13 .5 for The Ridge 2nd Addition; Approval of Developer 's Agreement for The Ridge 2nd Addition; and Adoption of Resolution No . 87-268 , Authorizing Summary of Ordinance No . 30-87-PUD-5-87, and Ordering Publication. of Said Summary . 41 .5 acres into 70 single family lots, one outlot , and road right-of-way . Location: West of Evener Way, South of the Chicago, Milwaukee , St . Paul and Pacific Railroad . (Ordinance No . 30-87-PUD-5-87 - Rezoning; Resolu- tion No . 87-268 - Authorizing Summary and Publication) R . EDENBROOK, by David Hoel . 2nd Reading of Ordinance No . 39-87, Rezoning from Rural to R1 -13 .5 ; Approval of Developer ' s Agreement for Edenbrook; and Adoption of Resolution No . 87-269, Authorizing Summary of Ordinance No . 39-87, and Ordering Publication of Said Summary. 6 .2 acres into 13 single family lots, 1 outlot , and road right-of-way . r a City Council Minutes -4- October 6 , 1987 Location: South of T ownline Road , east of Purgatory Creek, west of Woodlawn Heights . (Ordinance No . 39-87 - Rezoning; Resolution No . 87-269 - Authorizing Summary and Publication) S . DATASERV , by Opus Corporation. 2nd Reading of Ordinance No . 41 87, Rezoning from Rural to I-2 ; Approval of Amend- ment to Developer' s Agreement for DataSery Addition: and Adoption of Resolution No . 87-270, Authorizing Summary of Ordinance No. 41-87 , and Ordering Publication of Said Summary . 1 .5 acres for construction of additional parking for existing DataSery Headquarters . Location: East of the Intersection of Technology Drive and Prairie Center Drive . (Ordinance No . 41-87 - Rezoning; Resolution No . 87-270 - Authorizing Summary and Publication) T . 2nd Reading of Ord inane;a No . 48-87 , renaming Appaloosa Lane to Tree Farm Road U. Resolution, No 87-275 Ordering Certification of Delinquent Utility Accounts V . Resolution No. 87-276 Authorizing Remarketing of $7, 865_t_00© ( MultT--Family Housin Bonds for Eden Pointe Apartments now called Olympic Ri ge W. Approve Bylaw Amendments for the Eden Prairie Volunteer Fire Department Relief Association X . Resolution No . 87-278 relating to Crown Auto Stores Munici- pal Industrial Development Bonds Y . Resolution No . 8?-279 Authorizing That__Amendment No . 1 To The Joint Cooperation Agreement, County Contract No . 70466, Be Approved Community Development Block Grant Program MOTION: Harris moved , seconded by Pidcock, to approve Items A - Y on the Consent Calendar . Motion carried unanimously . IV . PUBLIC HEARINGS 4 A . ROGER ` S BODY SHOP, INC . # by Roger L. Lindeman. Request for Zoning District Change from Rural to I-2 on 1 .68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1 .91 acres into one lot and road right- of-way for construction of an auto body shop. Location: Highway #169 access from the Hennepin County Vocational Technical School . (Ordinance No . 44-87, Rezoningt Resolu- tion No . 87-249, Preliminary Plat ) Continued from Septem- ber 15 , 1987 ) City Manager Jullie noted the proponent has requested a 60-day continuance . r 4' City Council Minutes -5- October 6 , 1987 MOTION: Bentley moved, seconded by Pidc ock, to continue this item to the December 1 , 1987 meeting. Motion carried unanimously . B . SPECIAL ASSESSMENT HEARING FOR VALLEY VIEW ROAD IMPROVEMENTS I .C . 51 -272 Resolution No . 737-266 ) City Manager Jullie stated notice of this Special Assessment Hearing had been published and property owners had been notified . He said a letter explaining the details of the assessment was also mailed with the notices . Director of Public Works Dietz said this Special Assessment Hearing came about as the result of questions raised during the hearings in September regarding the distribution of costs for the Valley View Road Improvement against the Fairway Woods Condominiums . He said costs against each of the Fairway Woods Condominiums have been calculated to be $44 .39 per unit . There were no comments from the audience . MOTION: Harris moved , seconded by Pidcock, to close the Public Hearing and to adopt Resolution No . 87-266 , approv- ing 1988 Special Assessments . Motion carried unanimously . C . EDEN PRAIRIE AUTO MALL, by M. Austin Smith & Leo T . Furcht . Request for Comprehensive Guide Plan Amendment from Neighbor- hood Commercial to Regional Commercial on 15 .3 acres, Planned Unit Development Concept Amendment on 23 .6 acres, Zoning District Change from Rural to C-Reg-Service on 2 .58 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 4 .84 acres into one lot and one outlot . Location.: South of Prairie Center Drive , east of Joiner Way . (Resolution No . 87-271 - Amending Comprehensive Guide P1arr, Resolution No . 87-272 - Planned Unit Development Concept Amendment to The Preserve Commercial Park PUDs Ordinance No . 49-87 - Rezoning from Rural to C-Reg-Service ; Resolution No . 87-2?3 - Preliminary Plat ) City Manager Jullie stated notice of this Public Hearing was published and property owners in the project vicinity were notified . Peter Beck, representing proponent, addressed the proposal . Planning Director Enger said this project was discussed at the September 14th meeting of the Planning Commission and was continued to the September 28th meeting in order that proponent revise the development plans to include modifica- tions such as building elevations which screen the overhead a 1 City Council Minutes -6- October 6 , 1987 doors , improved internal circulation and provision of appropriate stacking for the car wash , and other changes as outlined in the Staff Reports of September 25th and Sep- tember lath . He said the Planning Commission recommended approval of the revised project at the September 28th meeting on a unanimous vote . The Parks , Recreation & Natural Resources Commission did not review this project . Harris asked Beck to review the parking proposed for the y facility . Beck pointed out the areas on a map of the project . Bentley asked when Medcom Blvd . will be extended through from Hwy . 169 to Franlo Road . Director of Public Works said they would typically wait until there is some form of development along the Franlo Road area . Bentley said he had concerns about the traffic flow in this entire area as this project will generate a great deal more traffic , and there is no additional outlet planned for the project . Enger said the Planning Commission was also concerned about traffic ; however, the traffic study ,:. indicated that the existing oeometrics will handle the traffic generated by this project . Enger said Staff believes the Medcom Blvd . connection will be necessary and they would be very interested in the results of an informal Feasibility Study of that connection. Bentley also noted that he was concerned about the general proliferation of car-care facilities in the Major Center Area . Mr. Beck said a convenience store was originally planned but was later stricken from the project . Beck said there will be a low demand for parking with this facility . Pideock said she was also concerned about the traffic in this area, particularly with the Lund ' s store going in nearby. There were no comments from the audience . s MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No . 87-271 , amending the Comprehensive Municipal Plan. Motion carried unanimously. } MOTION: Bentley moved, seconded by Harris , to adopt Resolu- tion No . 87-272, approving the Eden Prairie Auto Mall PUD Concept Amendment to the Overall Preserve Commercial Park PUD . Motion carried unanimously . I r i City Council Minutes -7- October 6 , 1987 MOTION: Bentley moved . seconded by Harris, to give Ist Reading of Ordinance No . 49-87 for Rezoning from Rural to C-Reg-Service on 2 .58 acres, subject to review of variances by the Board of Appeals . Motion carried unanimously . MOTION: Bentley moved , seconded by Harris , to adopt Reso- lution No . 87-273 , approving the Preliminary Plat of Eden Prairie Auto Mall for M . Austin Smith and Leo T . Furcht . Motion carried unanimously. v MOTION: Bentley moved , seconded by Harris, to direct Staff to prepare a Developer' s Agreement incorporating Commission and Staff recommendations . Motion carried unanimously. x D . PRAIRIE VILLAGE APARTMENTS MULTI-FAMILY HOUSING PLAN (Resolution No . 7-277 City Manager Jullie stated notice of this Public Hearing was published in the September 16th issue of the Eden Prairie News . He said the purpose of the Hearing is to consider a request for substitution of developers from the Prairie Village Limited Partnership to the Century Capital Group. He said this is the only change that would occur in this project . There were no comments from the audience . MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No . 87-277 approv- ing the change in identity of the developer . Motion carried unanimously. V . PAYMENT OF CLAIMS NOS . 37540 - 37950 MOTION: Bentley moved , seconded by Pidcock, to approve the Payment of Claims Nos . 37540 - 37950 . Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye" . Motion carried unanimously . VI . ORDINANCES & RESOLUTIONS There were none . VII . _PETITIONS , REQUESTS & COMMUNICATIONS A . Approve concept plan as revised for TH 169 improvements between and Prairie Center Drive eso u ion No . Director of Public Works Dietz noted this project was approved by the Council once before , but there have been 4' City Council Minutes -8- October 6, 1987 changes . He pointed out the areas to be changed from the original proposal on a drawing of the project and des- cribed the changes to be made . Peterson asked what portions MnDOT will do . Dietz said MnDOT will build the extension of Aztec Lane and the City will do the accesses. Bentley asked if MnDOT is also planning to construct the improvements going east on Anderson Lakes Pkwy . Dietz said they are . Dietz noted that the soils near Purgatory Creek are poor; therefore MnDOT is proposing a bridge across the creek A rather than a ctAlvert . Anderson said he was concerned that this construction allow pedestrians a safe means of crossing from one side of the creek to the other . Dietz said it would be appropriate for the Council to add some language to the resolution about such concerns . Dietz said there is no wording regarding the potential bikeway grading, and it would be appropriate to modify the resolution to include that . . Peterson asked if there would be any pedestrian facility built into the bridge . Dietz said there is none planned . Dietz said there is a trail corridor following; the creek and it might be possible to bring the pathway system down into the creek bottom near the bridge and then proceed south . Anderson said he was very concerned with the safety hazards that would exist if there is no area for pedestrians built into the bridge . Bentley said he agreed with that concern if the bridge did not allow for any pedestrian traffic whatsoever. Dietz replied that there will be an 11-1/2 foot shoulder on the bridge . Pidcock asked how many signals there will be between Prairie Center Drive and County Road 1 . Dietz responded + there will be no additional signals with this project ; however, there is one proposed at the access to Fountain Place . MOTION: Bentley moved , seconded by Harris, to amend Reso- lution No . 87-267 by adding the following two items: B . That a pathway corridor be established under the bridge across Purgatory Creek . C . That rough grading be done for a future bikeway/ hikeway system along Hwy. 169 from Prairie Center City Council Minutes -9- October 6 , 1987 Drive to County Road 1 wherever reasonably feasible without additional right-of-way acquisition . Motion carried unanimously. MOTION: Bentley moved , seconded by Pidc ock, to adopt Resolution No . 87-267, approving TH 169 Layout , as amended . Motion carried unanimously . B . Request from Mr . & Mrs . John McSwiggan to review decision 4 made by the Board of Appeals & Adjustments on Variance ? Reque::t No . 7-37 City Manager Jullie said Mr . & Mrs . McSwiggan have re- quested the Council review the decision by the Board of Appeals & Adjustments to deny their request for a variance to construct a deck on their house at the corner of Divinity Lane and Caramel Trail . City Attorney Pauly said that if a review is requested by the party, then such a review is mandatory. MOTION: Bentley moved . seconded by Pidc ock, to set . consideration of this review for the October 20th meeting. Motion carried unanimously. VI_II . REPORTS OF ADVISORY COMMISSIONS There were no reports . IX . APPOINTMENTS There were none . X . REPORTS OF OFFICERS, BOARDS & COMMISSIONS A . Reports of Council Members There were no reports . B. Report of City Manager 1 . Resolution No . 87-274, Approving the 1988 City Budget Bentley noted that he was pleased to see the mill rate down from where we started . City Manager Jullie referred to his memo of October 1 , i t 1987 which followed up on the budget discussions by summarizing the changes and providing requested I City Council Minutes -10- October b, 1987 additional information. He noted that a second memo on the police and fire name and uniform changes had been sent to the Council in the October 2nd "FYI" packet . MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No . 87-274, certifying 1987 tax levy, col- lectable in 1988 . t Anderson said he would support the motion but was sorry that certain things such as the communications items were taken out of the budget . He said he hoped as the year goes by and there is money left, we can take another look at this and initiate the communi- cations items then. He asked that Staff bring this e up at an appropriate time . Peterson said he thought the rest of the Council agreed with him . VOTE ON THE MOTION: Motion carried unanimously. 2 . Award of Contract for Fire Equipment City Manager Jullie called attention to the memo of October 1 , 1987 from Fire ^hief Ron Johnson and Assistant to the City Manager Dawson regarding the award of contract for fire equipment . He said the e apparent low bid for the two engines and the engine/ tanker was unresponsive to the specifications in a number of instances Jullie referred to the letter to Luverne Fire Apparatus dated September 23rd from Assistant to the City Manager Dawson notifying Luverne Fire of the rejection and enclosing the memorandum of September 22 from Chief ` Johnson explaining their failure to meet specifications . Jullie said the City received a letter from Mr. Thomas Barrett , attorney for Luverne Fire Apparatus, requesting an opportunity to respond to the rejection and enclosing a letter from Mr . Reedy of Luverne Fire replying to the rejection with attached explanatory material . Mr. Thomas Barrett and Mr . Steve Reedy, representing Luverne Fire Apparatus, addressed the rejection of their bid . } Pidcock asked City Attorney Pauly for his comments. i Mr. Pauly , said the Council will need to consider two questions raised by Mr. Barrett : one, the question of whether Luverne ' s bid is in accordance with the specifications= and two, whether the specifications were drawn so tightly as to preclude any but one bidder on the project City Council Minutes -il- October b, 1987 Fire Chief Johnson reviewed the procedures used to develop the specifications and noted that the committee spent a large amount of time putting the specifications together. He reviewed the reasons for including many of the specifications for the equipment . Bentley asked how the bids were put out . Chief Johnson replied that they were advertised in the newspaper; { however, the news spread rapidly after the referendum was passed and calls came in requesting the specs . Bentley asked in what geographic area the bid was published . Chief Johnson said it was published in the Eden Prairie News; however, by the time of publication they had already been contacted by virtually every fire truck company. Peterson asked how many companies asked for the specs . Johnson replied there were six requests . A discussion followed as to why some of the companies 4 were unable to bid competitively and why some of the specifications were included . i . City. Attorney Pauly asked Chief Johnson to comment on the specification for a 350 horsepower diesel engine versus Luverne ' s proposal for a 300 horsepower engine and the difference in configuration of the tank . Chief Johnson said the 350 horsepower engine is considerably heavier and they believed it was necessary. Anderson said the heavier horsepower engine would make a lot of difference in performance . Harris noted that we want our Fire Department to be as efficient as possible; thus they should be familiar with the operation of the equipment . She said she saw no need at this point to rebid the contract . MOTIONS Harris moved, seconded by Pidcock, to award the contract for fire equipment as recommended by Staff . Motion carried unanimously . 3 . Leaf Recycling Proposal Assistant to the City Manager Craig Dawson referred to his memo of October 2nd on the proposed leaf recycling program. He outlined the alternatives available for implementation of this program and noted that the project will be on a very tight schedule . l._ A 4. R City Council Minutes -12- October 6 , 1987 Bentley asked how often pick-up would occur at any given location . Dawson replied it would occur only once this fall , beginning October 19th for a two-week period . Peterson asked how Staff is proposing to define clearly the areas to be included . Dawson said Staff expected to work with Eden Prairie News on an article that would describe the project and the neighborhoods included and to prepare a flyer to be inserted with the News to outline the rules and provide a map of areas included . Harris noted that the 19th seemed rather early and that there might be more leaves later in the month. Dawson said that is a problem but the project needs to be com- pleted before the end of October when there is the possibility of snow on the ground . A discussion followed regarding the policies of local trash haulers regarding pick-up of yard and lawn materials . Anderson said this can be a particular hardship on senior citizens if the trash haulers refuse to take this sort of material . Bentley said the issue is still unresolved as to whether the project will be done on a pilot or a City-wide basis . City Manager Jullie said he thought a City-wide basis would be better as it would be easier to explain. MOTION: Pideock moved , seconded by Anderson, to accept the Staff recommendations for the leaf recycling collec- tion program and to provide the program on a City-wide basis . Motion carried unanimously. Peterson commented that Staff had done a good job preparing the recommendations . 4 . Set Joint City_Council/Planning Commission meeting for 700 PM, October 20, 1987 City Manager Jullie said the Planning Commission has requested a meeting with the Council to discuss several items . MOTION: Anderson moved , seconded by Harris, to set a I Joint City Council/Planning Commission meeting for 6:00 PM, October 20, 1987 . A discussion followed regarding the possible agenda for the meeting. The consensus was that it should be an Y City Council Minutes -13- October 6 , 1987 informational. meeting only . Planning Director Enger said he would talk to the Commission Chair to pick some items that are general in nature . VOTE ON THE MOTION: Motion carried unanimously. 5 . Discussion on Schedule for Strategic Planning City Manager Jullie noted that the revised schedule in the Staff memo of September 25th was based on the consultant ' s availability . Peterson asked if it might be possible to meet all day Friday instead of a half day on Saturday. A discussion followed regarding the proposed schedule . Bentley said he was concerned that we have been defer- ring discussion on some specific items as well as some major philosophical items to strategic planning and it appears that such items are not necessarily dealt with in this type of process . Peterson said, while that may be a valid point, he thought the primary issue now is the schedule . MOTION: Bentley moved , seconded by Pidcock, to approve the revised strategic plan schedule with the suggestion that an attempt be made to make the November 20th ses- sion a full day one in order to eliminate the November a 21st session . Motion carried unanimously. C . Report of City Attorney City Attorney Pauly gave his report at a closed session of the Council after the meeting was�:ad journed . i D . Report of Director of Planning 1 . Preliminary Discussion on Downtown Area Concept Proposal and Building Height Question Bentley asked what constitutes preliminary discussion. Peterson said that he thought the two memos frcm Staff dated September 21st were so important that they should be read and discussed . Harris said she, too, thought the discussion is very important . She thought this should be a part of the Council ' s critical review process to identify a series of issues that the City should be addressing as we go into the next five years . City Council Minutes -14 October 6, 1987 Bentley said the memo regarding the downtown area capsulizes the direction he would like to see us take on the issue of the Major Center Area. Anderson said he agreed and that he thought the discussion of build- ing heights would become part of the discussion and planning for the future development of the downtown area as it fits into the future development of the City . i Harris said she thought the process laid out by Mr. Enger in his memo is very important as it would help build a sense of community. Planning g Director Enger said he had talked to several of the property owners in the area and one of the owners, Don Brauer, was at the meeting tonight . Don Brauer addressed the process presented for the downtown area . He said they had discussed the idea of an RFP for a plan study that would include some of our own ideas or. alternatively, to present the ideas to developers who have design staffs . He said the City could put together a package of ideas on which the City would participate with the developers . Peterson asked if they felt a consensus among the developers that they would support this financially. Brauer said several of the owners had discussed this as a partnership concept and they would participate . Bentley said he was interested in how the City might become involved as a facilitator to help implement the design process . He suggested that the H.R .A . take such a position since it is a technically separate entity from the City Council and could act as the coordinator of the design process . He said he was concerned about the City Council itself being the primary advocate and the facilitator. Enger said he and Mr. Brauer could put together some ideas to generate interest from developers, and the developers could then come to the City with design work and make a presentation. If no real interest was generated that way, then we could go forward with an RFP for a regular architectural planner or designer to do more of the preliminary work . Bentley said the question of height policy has not been covered . Peterson said he thought this is directly related to the process of strategic planning if we decide to develop a mission statement . Anderson said he thought we should give Staff the go ahead to start working on the downtown; however, 3 City Council Minutes -15- October 6 , 1987 he would not like to tell them at this time that we will only allow certain height buildings in certain areas. E. Report of Director of Community Services 1 . Report on Park Bond Referendum Survey s Director of Community Services Lambert referred to x his memo of August 21st reporting on the Park Bond Referendum Voter Survey and his memo of August 20th with recommendations relating to any future park bona referendums . he said the survey was good, primarily because of the high percentage of voters who returned the survey, and it provided a lot of information for the next such referendum. Peterson said he agreed that another referendum should be deferred until next spring and noted that we may even want to consider doing a preliminary survey. Anderson said , while there are a lot of areas that we can wait on, we cannot wait to acquire the land for those sites that are considered valuable . He said the land acquisition has to be- a priority item. Lambert said there are two major land acquisitions: one is the Riley Lake Park land and the other is a 30-acre site for a softball field complex. He said we have applied for a grant that would provide up to 50% of the acquisition costs for Riley Lake Park . F. Report of Director of Public Works 1 . Accept Bids and Award Contract for Lime Sludge Removal Referring to the Staff memo of October 6th, Director of Public Works Dietz reviewed the bids for I ,C . 52-128. 1987 Lime Sludge Removal and Disposal . He said City Attorney Pauly had suggested a motion that would pro- vide for the low bidder to demonstrate that their trucks meet the specifications . MOTION: The following motion was made by Pidcock and seconded by Bentley: WHERAS, the City of Eden Prairie has invited bids for the removal and disposal of sludge from the C ity's water treatment plant facilities; and, WHEREAS, bids have now been received ; and, WHEREAS, the low bidder has not yet demonstrated com- pliance with respect to certain equipment to be used 4 i City Council Minutes -16- October 6, 1987 in connection with the removal of said sludge in accordance with the specifications, NOW, THEREFORE , the Council of the City of Eden Prairie hereby accepts the bid of Max Johnson Trucking Company in the amount of $90, 000 .00 as the low bidder on condition that said Company will provide, not later than October 9, 1987, to the City's Director of Public Works trucks meeting specifications to the satisfac- tion of the Director of Public Works . RESOLVED FURTHER, that in the event that Max Johnson Trucking Company does not provide said truck or that the same does not meet with the approval of the City's Director of Public Works prior to October 9, 1987, the bid of L. & G. Re hbe in, Inc . , in the amount of $106 , 200 .00 shall be and is conditionally accepted . RESOLVED FURTHER, that a contract shall be awarded and entered into between the City and the person whose bid has been accepted pursuant to the foregoing. Motion carried unanimously. X1. NEW BUSINESS Anderson noted that Mr. Jullie, Mr. Dawson and he attended the conference on City Council and City Manager relations. He said it was very interesting and he would like to have an opportunity to discuss some of the information with the Council . Peterson said it would be appropriate to get a report on it . XII . ADJOURNMENT The Council adjourned at 10:30 PM to a closed session with City Attorney Pauly to discuss items in litigation. I