HomeMy WebLinkAboutCity Council - 02/15/1977 APPROVED MINUTES
r EDEN PRAIRIE CITY COUNCIL
TUESDAY, FEBRUARY 15, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye
Joan Meyers
Dave Osterholt
Sidney Pauly
COUNCIL STAFF PRESENT: Acting City Manager John Frane;
City Attorney Harlan Perbix; City
Engineer Carl Jullie; Joyce Provo,
Recording Secretary
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INVOCATION: Reverend Gerald Udstuen
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Eden Prairie Presbyterian Church
ROLL CALL : Bye, Meyers, Pauly and Penzel present; Osterholt absent.
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were requested to be added to the agenda under the
"N'e:i Business" category:
C A. Discussior, of r,;emo sLLmitted by City cneineer Jullie regard ,
"Pr000sed Largo _Di v'i s i cns in Pura i Zor_�_rc Districts"
B. t'..innesota _River Br-idUe_Crossing
C. Increase of Eden _Prairie's Block Grant from Hennepin Count
U. Interstate Comrarce Corpission e_tition re ag rdina trucking
and`_freight._rates
MOTION: Meyers moved , seconded by Bye, to approve the agenda as amended '
and publishej. Notion carried unanimously.
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II . HINU•,ES OF THE COUtdCIL MEETING HELD TUESDAY, FEBRUARY 1 , 1977
Pg. 7, para. 7, 5th line, strike "vast" . `
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MOTION: Pauly moved, seconded by Meyers , to approve the minutes of
the Council meeting held Tuesday, February 1 , 1977 , as amended and
published. Motion carried unanimously. I
III . PUBLIC HEARINGS '
A. Sanitary_ Sewer and Waterma i n Improvements on Heritage Road, I .C.
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51 -29J.
City Engineer Jullie spoke to his memo dated February 11 , 1977 and
recommended adoption of Resolution No. 1220. ± :
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A. Sanitary Sewer and. Waterma ir, Iiii rovements on Heritage Road, I .C.
51-290. continued �"
Mike Boen , 7760 Heritage Road, explained that he knew the meeting
did take place between some of the property owners and City Engineer
Jullie, but did not know which property owners were in attendance.
He further stated he was not one of the property owners which attended
this meeting , and that a couple of the other owners were out of town
and have not had a chance to review the offer as proposed.
Mr. Westlake, 7710 Heritage Road, expressed his appreciation to the
staff for setting up the aforementioned meeting, but that he was just
informed of Mr. Eliason's offer of $200 per lot credit against the
special assessments and has not had a chance to review the offer in
detail .
City Engineer Jullie stated that the meeting he had was with Mr. &
Mrs. 'Fred Boller and Mr. Westlake, and that discussion took place
regarding the general terms of what might be proposed, that being
somewhere between $100.00 to $200.00 per lot. The residents at that
time did not have a specific proposal . After the meeting Mr. Jullie
called Mr. Eliason and suggested he consider $200.00 per lot credit
against the special assessments for Lots 3, 4 and 5, Block 1 , and
Lots 7 , a and 9, Block 4, Heritage Park 1st Addition as a reasonable
compromise. Jullie further explained that he did not get back to
Mr. Westlake with the specific $200. 00 per lot amount Mr. Eliason
and Mr. Marco Jones would be willing to absorb.
Bye commended City Engineer Jullie for interceding between the two g'
groups and felt he had dcne an admirable job. However, in lieu of the
fact that all residents were not aware of the offer, the following
motion was made: '
MOTION: Bye moved, seconded by Pauly, to continue the Public Hearing
for Sanitary Sewer and Watermain Improvements on Heritage Road, I . C.
51-290 to March 1 , 1977. Motion carried unanimously.
B. Vacation of Earl_ Drive plus the drainage and utility easements in the
Topview Acres 1st Addition
City Engineer Jullie recommended approval of Resolution No. 77-20, vacating
Earl Drive and Drainage and Utility Easements in Topview Acres 1st Addition.
Bailey Seida, consulting engineer for Stewart Properties, encouraged
the Council to adopt Resolution No. 77-20, so the Stewart Highlands
project could begin.
MOTION: Meyers moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 77-20, vacating Earl Drive and Drainage and
and Utility Easements in Topview Acres 1st Addition. Motion carried
unanimously.
Tues. ,February 15, J-
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IV. PETITIONS, REQUESTS & COMMUNICATIONS k
A. Request to set a Public Hearing for Garrison Forest Subdivision in
The Preserve
Acting City Manager Frane explained that the Planning Commission
at their meeting held February 14, 1977 did make a recommendation
to the Council so it is possible to hold a Public Hearing for this
project on March I .
MOTION: Bye moved, seconded by Meyers , to set March 1 . 1977 as the
Public Hearing date for Garrison Forest Subdivision in The Preserve. x
Motion carried unanimously.
V. ORDINANCES & RESOLUTIONS
A. 1st Reading of Ordinance No. 338, creating a Community Based Services
Board to assist all supervised residential programs or social
rehabilitation programs ;
Council members reviewed Ordinance No. 338 and suggested various
changes.
MOTION: Bye moved, seconded by Meyers, to incorporate changes made
by Council members into Ordinance No . 338, and then refer same to the
Human Rights Commission for their review and recommendations before the
Council considers' a lst Reading. Motion carried unanimously.
B. 2nd Readinq of Ordinance No . 354, Stewart Hi0lands, approving the
request for St_ewa_r_t Pro, L es to rezone Topview Acres lst Addition
from Rural to RM 6. 5 for single familyand/or double bungalow dwellings
and rezoninq a reement _
City Engineer Jullie recommended approval of Ordinance No. 354, and
recommended one change in the rezoning agreement on page 2, item 2, to
read as follows : "That prior to final plat aooroval the advisability of a left
turn by-pass lane shall be investigated along the north side of County
Road 60. "
MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading
of Ordinance No. 354 , approving the request for Stewart Properties to
rezone Topview Acres lst Addition from Rural to RM 6. 5 for single family
and/or double bungalow dwellings, and also to approve the rezoning agreement
with the amendment outlined by City Engineer Jull ie. Motion carried
unanimously.
VI . REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. Reports of Council members
Councilwoman Pauly reported on the Planning Commission meeting held
Monday, February 14, 1977.
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f3. Report of Acting City Manager
1 . Preliminary Review of 1977-78 Council Objectives
Acting City Manager Frane explained that the list sent
to Council members is a composite of items submitted by Council members
and that staff input has not been included yet.
Bye suggested that no action be taken until input has been
received from staff. Council members agreed with this
suggestion.
2. Board of Review Meeting
MOTION: Meyers moved, seconded by Bye, to set the Board
of Review Meeting for May 12, 1977, 7:00 PM, at the Eden Prairie
City Hall . Motion carried unanimously.
C. Report of Director of Community Services
1. Raze property appraisal
Acting City Manager Frane spoke to memo from Director of
_ Community Services Jessen dated February 11 , 1977.
MOTION: Bye moved, seconded by Meyers , to receive and file
memo from tarty Jessen dated February 11 , 1977. Motion carried
unanimously.
2. Appointment of an Assistant 1•leed Inspector
Mayor Penzel recommended 1•:esl ey Dunsmore be appointed to
Assistant Weed Inspector.
MOTION: Bye moved, seconded by Pauly, to appoint Wesley Dunsmore
as Assistant Weed Inspector. Motion carried unanimously.
3. Discussion of the Joint School/Park site at Round Lake
City Attorney Perbix spoke to his memo dated February 15.
Acting City Manager Frane explained that in order to qualify for the
grant money we must draw a line on the map showing the land that the
City has bought with the LAWCON money.
Council directed staff to prepare a recommendation which would fall
in line with the 80 foot right-of-way.
D. Report of City Engineer
1. Final Plat approval for Stewart Highlands
Acting City Manager Frane recommended approval of the �Fina7 Plat
for Stewart Highlands.
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1. Final flat <�; ��,a_c�� ."il for Stewart Highlands (continued)
MOTION: Rye moved, seconded by Pauly, to adopt Resolution No.
t, 77-21, approving the Final Plat of Stewart Highlands subject
to City Engineer' s Report dated January 27, 1977. Motion carried
unanimously.
2. Receive 100% petition, order improvements and preparation of
plans and specifications for utility and street improvements
in Stewart Highlands i
MOTION: Pauly moved, seconded by Bye, to adopt Resolution No.
77-22, receiving 100% petition, ordering improvements and
preparation of plans and specifications for public improvements f
in the plat of Stewart Highlands, I . C. 51-299. Motion carried
unanimously.
3. Approve plans and specifications and order advertisement
for bids for T. H. 169 improvements from I-494 to 1/4 mile
South of Schooner Boulevard, I . C. 51 -269
City Engineer Jullie recommended approval of Resolution I
No. 77-23.
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MOT ON: Meyers moved, seconded by Pauly, to adopt Resolution
No. 77-23, approving plans and specifications and ordering
advertisement for bids for I .C. 51-266. Motion carried r
` unanimously. C
4. Annual agreement with Rieke, Carroll , Muller Associates }
Inc. , for consulting engineering services
= City Engineer Jullie spoke to leis memo dated February 11 , 1977
and recommended the Council enter into an Engineering Services 4
Agreement with RCM Associates for 1977.
MOTION: Meyers moved, seconded by Pauly, that the Council
authorize the Mayor and City Manager to enter into an
Engineering Services Agreement with RCM Associates for 1977.
Motion carried unanimously.
E. Rport of Finance Director
1 . Pay�ient of Claims Nos. 9738 - 9850
MOTION : Bye moved, seconded by Meyers , to approve Payment of
Claims Nos. 9738 - 9850. Bye, Meyers , Pauly and Penzel
voted "aye" . Mlotion carried.
VI I . NEW BUSINESS
A. Discussion of memo submitted by City Engineer Jullie regarding
/ "Propc)sed Land Divisions in Rural Zoning Districts"
City Engineer Jullie spoke to his memo dated February 11 , 1977. and
requested Council to concur or otherwise indicate how the City should process h
land divisions in rural areas.
�. 6 ,F4brjary� 15, I i77
A. Discussion of memo submitted by City Engineer Jullie re ardin
$'Proposed Land Divisions in Rural Zoning Districts" continued
Mr. Torjesen, 6605 Rowland Road, spoke to his land division request.
Response to City Engineer Jullie's memo was favorable by Council
members. except Meyers felt item 1 was too broad.
Meyers requested that the Board of Appeals & Adjustments have a
chance to review City Engineer Jullie's memo at their meeting
to be held Thursday,February 17, 1977. Council members agreed
with this request.
B. Minnesota River Bridge Crossing
Mayor Penzel brought the Council up-to-date on the acticns
of the Minnesota River Valley Bridges Ad Hoc Committee.
C. Increase of Eden Prairie's Block Grant from Hennepin County
Mayor Penzel spoke to memo from Hennepin County dated February 3,
1977 notifying the City that the Block Grant has been
increased and it is necessary for the Council to adopt a Resolution
pertaining to same.
MOTION: Bye moved, seconded by Meyers , to adopt Resolution No.
77-25, amending Resolution No. 77-9 approving the Community Development
Plan and Program. Motion carried unanimously.
D. Interstate Commerce Commission petition regarding trucking and
freight rates
City Attorney Perbix spoke to Petition to the Interstate Commerce
Commission and his communication to Roy Terwilliger, President
of the Eden Prairie Chamber of Commerce dated February 15, 1977.
Perbix explained that the Chamber has been active in this and might
want to oppose the petition.
VI I I .ACJOURNl;EN'T
14071014: Bye moved, seconded by Pauly, to adjourn the meeting at 8:45 PM.
P4otion carried unanimously.