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HomeMy WebLinkAboutCity Council - 10/06/1983 City Council P1inutes -3 October 6, 1983 A. 1983 SPECIAL ASSESSMENT HEARING (Resolution No. 83-208) - continued from September 20, 1983 Assistant City Attorney Richard Rosow noted this was a continuation of a Public Hearing which began on Tuesday evening, October 4, 1983. He said there were two parcels to be considered this evening. Rosow reviewed the procedure to be used and noted the City' s witnesses would be under oath. Director of Public Works Dietz and Berge Hansen, appraiser, were sworn in by Court Reporter Gi nny Ledford. i Testimony was heard on RLS 15.20 Tract A, the Busse Company parcel . Those heard were Dietz, Berge Hansen, Gary Phleger, attorney for Busse , John Busse, and William C. Warner, appraiser for Busse. Busse and darner were sworn in by the Court Report prior to giving their testimony. MOTION: Redpath moved, seconded by Bentley, to set the benefit of this assessment at no less than $32,000. Motion carried unanimously. Dietz stated the last testimony to be heard was in regard to I . C . 51-308C from G. P. Schoenfelder, an absentee landlord, who objected to preserve his rights. Berge Hansen testified as to his findings; his report was introdu- ced and made a part of the record, MOTION: Bentley moved, seconded by Redpath, a finding of $43,100 in accord- ance with Berge Hansen's report. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-208, approving 1983 Special Assessments, subject to the changes made by the City Council on October 4 and October 6. Motion carried unanimously. Tangen said he felt the Council owed an apology to those residents who had sat through a good portion of Tuesday evening's City Council meeting only to have the agenda item with which they were concerned continued to this evening -- and then to have to again wait. MOTION: Tangen moved, seconded by Anderson, to hold future Special Assess- ment hearings no later than the second Council meeting in August. Motion carried unanimously. C. APPLE GROVES by Northwest Properties. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential , Planned Unit Development Concept Review, Planned Unit Development District Review for mixed residential land use and Zoning from Rural to R1-13.5 , R1-9.5, with variances, and RM-6. 5, with variances , Preliminary Platting of 40.91 acres for 162 attached and detached single family units , and Environmental Assessment Worksheet Review. Location: south of Valley View Road and west of Lorence Addition. (Resolution No. 83-242 - Comprehesive Guide Plan Amend- ment, Resolution No. 83-234 - PUD Concept, Ordinance No. 47-83 - PUD District Zoning, Resolution No. 83-235 - preliminary plat, Resolution No. 83-236 - Environmental Assessment Worksheet Negative Declaration. ) City Council Minutes -4- October 4 , 1963 12. I . C. 52-039 The assessment on the lot in question has been paid. There were no other comments or objections . 13. I .C. 52-042 - There were no comments or objections. i 14. Supplementals Trunk Sewer and Water: the objection from Myrtle Peterson has been resolved. Portnoy's objection relating to the method of computing the interest has been resolved. ; Fred York, 17550 West 78th Street, submitted a letter in regard to his assessment. He asked for clarification regarding the total cost of the project. The matter was resolved. ' h Lateral Sewer and Water: Portnoy s objection regarding the method of computing the interest has been resolved. Tree Removal : there were no comments or objections . Ring Road #6133: there were no comments or objections. CRingRoad #8754: there were no comments or objections. C;ty West: there were no comments or objections . Lateral Sanitary Sewgr,Water and Storm: there were no comments or objections . A Richard Rosow, assistant City attorney, said evidence taken on September 20, 1983, as well as notices sent out in regard to that meeting and the corrective notices will be part of tonight's record. Rosow was present to oversee the formal proceedings. Also present was Ginny Ledford, a court reporter, who made a transcript of the proceedings. Rosow asked those present who wished to present testimony to introduce themselves. Gerald Portnoy and his counsel , Donald Sorensen, and John Busse and his counsel , Gary Phleger responded. S The following were sworn in by the court reporter as witnesses for the City of Eden Prairie: Director of Public Works Eugene A. Dietz, Real Estate Appraiser O.J. Janski , and Real Estate Appraiser Newcombe. Testimony was heard from Dietz, O.J. Janski , Gerald Portnoy, and Russ Smith, real estate appraiser representing Portnoy/Sorensen , and William Bearman, previous owner of the property. City Council Minutes -5- October 4, 1983 Because of the length of the testimony regarding the Special Assessments relating to the Portnoy property, the concensus of the City Council was { to continue the meeting to Thursday evening so those in the audience who were present for items which followed the Special Assessment Hearing could leave. MOTION: Anderson moved, seconded by Bentley, to continue Public Hearings B - H as indicated on the Agenda for October 4, 1983, to a continued meeting of the City Council to be held at 7:30 p.m. on Thursday, October 6, 1983, in the City Council Chambers. Motion carried unanimously. Sorensen requested that the formal objections as well as the follow-up letters which had been submitted to City Staff be made a part of the record. Rosow asked that the notices of the hearings also be made a part of the record. MOTION: Redpath moved, seconded by Tangen, to place the amount of the special assessment against the Portnoy property at 5% of the selling f price or $16,625. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to continue the 1983 Special Assessment Hearing (item A on the October 4, 1983 Agenda) to a continued meeting of the City Council to be held at 7:30 p.m. on Thursday, October 6, 1983, in the City Council Chambers. Motion carried unanimously. MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:47 p.m, to be continued on Thursday, October 6, 1983, at 7:30 p.m. { in the City Council Chambers. Motion carried unanimously. f APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL CONTINUED MEETING THURSDAY, OCTOBER 6, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, Georg Bentley, Paul Redpath and George Tangen f CITY 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 Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. MOTION: Bentley moved, seconded by Redpath, to table IV. A. 1983 Special Assessment Hearing until IV. B. Preserve Manor Homes had been heard because the Court Reporter not yet arrived to take testimony regarding the Special Assessment Hearing. Motion Tied unanimously. IV. B. PRESERVE MANOR HOMES by Quality Homes, Request for Comprehensive Guide Plan Amendment from Church to Medium Density Residential , Planned Unit Development Concept Amendment, Planned Unit Development District Review and Zoning Dis- trict Change from Rural to RM-2.5, and Preliminary Plat for four 8-plex con- dominium buildings , 32 units, on 4.0 acres. Location: northeast quadrant of Center Way and Anderson Lakes Parkway. (Resolution No. 83-225 - Compre- hensive Guide Plan Amendment, Resolution No. 83-226 - FUD Concept Amendment, Ordinance No. 44-83 - Zoning, and Resolution No. 83-227 - preliminary plat) - continued from September 20, 1983. City Manager Jullie indicated Planning Director Enger had reported the proponents had met with the neighboring property owners and had reached agreement as to desirable changes in the site plan. Randy Weestrand, Quality Homes , introduced Larry Peterson of The Preserve and Miles Lindberg of BRW. Peterson reviewed how this particular site had been determined a church site. Lindberg summarized the specific changes which have been made since the meeting with the reighbors . and addressed the concerns which had been expressed by the Council at the September 20th meeting. City Council Minutes -2- October 6, 1983 Planning Director Enger stated Staff had reviewed the changes in the road and the 'landscaping plans. He said John Peterson of the Prairie Lakes Preserve Condominium One Association had indicated the Association was in full agreement with the changes which had been made. He said Staff also felt the changes which had been made were an improvement in the project and would recommend approval . Penzel said neighbors of the proposed project should have received hand delivered notification of tonight' s continued Public Hearing. He called attention to a letter of September 28, 1983, from Randall J. Weestrand to John A. Peterson in which the items of agreement were outlined. (Copy is attached to these Minutes. ) Bentley asked for further information regarding the landscape plan. Lindberg reviewed what is to be done. Enger said what is proposed will give the buildings a sense of scale rather than providing a lot of screen- ing. Weestrand said he would like permission to apply for a grading permit as soon as possible. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing an-4 to adopt. Resolution No. 83-225, amending the Comprehensive Municipal Pian. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-226, approving Preserve Manor Homes Planned Unit Development Concept. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 44-83 for zoning and to direct Staff to prepare a Summary Resolution in- cluding recommendations of the Staff - Staff was instructed to meet with the developer to discuss screening on the south and removal of the large tree at the entrance. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-227, approving the preliminary plat of Preserve Manor Homes for Quality Horses. Motion carried unanimously. " MOTION: Redpath moved, seconded by Bentley, to grant permission to the developer to grade the property prior to 2nd Reading. The developer is to recognize this is done at his own risk. Bentley indicated he would vote against the motion to allow early grading and wild continue to vote in this manner in the future as he is uncomfortable with developers being allowed to do this prior to 2nd Reading. Redpath said if this were not allowed it might result in a months delay for some developers . VOTE ON MOTION: Motion carried with Bentley and Penzel voting "no." City Council rRin►ites r)� t, t.er 4 , 1 'T33 1 . I . C. 51-308A, 51-340A & 51-398 The objection which had been received from t-tenard' s has been resolved by reducing the assessment by $1 ,974.35. There were no other comments or objections. 2. I .C. 51-308C & 51-308B Testimony will be heard on this later this evening . 3. I .C. 51-326 Exhibit A reflects the change in assessment which has been agreed to. There were no other comments or objections. 4. I .C. 51-335 Testimony will be heard on the objection by Portnoy later this evening. O' Brien' s written objection is on file; changes have been made by Staff and he is being renotified of this change. 5. I . C. 52-005 There were no comments or objections . 6. I .C. 52-010 There were no comments or objections . 7. I .C. 52-015 Testimony will be heard on the objections by John Busse. 8. I .C. 52-025 There were no comments or objections. 9. I .C. 52-030 There were no comments or objections. 10. I .C. 52-032 There were no comments or objections . 11. I .C. 52-037 There were no comments or objections . City Council Minutes -4- October 6, 1983 City Manager Jullie stated notice of this Public Hearing had been published r and property owners within the project vicinity had been notified. Hani Hayek, proponent, addressed the proposal . Director of Planning Enger noted this request had been reviewed by the Planning Commission at its August 26, August 29, September 12, and Septem- ber 26, 1983, meetings. The Commission voted at its September 26, 1983, meeting to recommend approval subject to the recommendations included in the Planning Staff Report of September 23, 1983. - i There was no report from the Parks , Recreation & Natural Resources Commis- sion as this request will be on its October 17, 1983, agenda. Penzel called attention to a petition submitted by residents of the Heritage Park/Round Lake Estates areas requesting construction traffic be restricted to Valley View Road. This petition is a part of these Minutes , i l Bentley asked if the parking in the townhouse area was adequate. Enger said it would be and pointed out that all townhouse units would have double garages . Bentley inquired about the cul-de-sacs and the fact that they were not connected. Enger explained this was an attempt to not connect the single family area with the traffic created by the multi-family area. Redpath asked about the phasing of the project. Enger said the property is going to be zoned at one time which is unlike some other proposals which tend to be conceptual in nature. Hayek reviewed the phasing; he said all buyers would be made aware as to what is proposed for each phase. a Donna Nardi , 18141 Valley View Road, expressed concern about the townhouses which are proposed. She said when they moved into this area this area was indicated as a single family area. Penzei said the market dictates what is built. He pointed out that Eden Prairie is an employment center rather than a bedroom community and all types of housing are necessary. Michelle Nixon, 18105 Valley View Road, said she appreciates the time and effort which has gone into improving this proposal since the time it was first introduced. She expressed concern with the density in this area -- this area of the community has a high school , elementary school and City park and she felt the additional density created by townhouses will only create problems. She was also concerned with the "blend" in the cost of housing. Bentley noted the economic mix as well as the mix in multi- family and single family has worked well in The Preserve. Redpath. said he continues to be concerned that townhouses are placed next to the rail- road tracks or in the least desirable part of a development. Ron Olson, 7610 Heritage Road, said he was concerned over the "domino effect. " He said the residents of this area are now looking at the prospect of 600 additional units in the Kerber Farm area. He said he did not feel the City was looking at the overall effect these proposals will have on City Council Minutes -5 October 6, 1983 this portion of the City. He said Round Lake Park is already over utilized ; the residents are concerned about additional traffic on Valley View Road. He said he questions the benefit of the multi-family units on this area and wonders about the effect of the density on the sewer and water systems. Penzel noted that Valley View Road has adequate capacity to handle this development. He added that the water system has been expanded recently and explained how the capacity is measured and the City's policy in regard to services. Donna Nardi said any expansion of services will cost the residents more money and-with taxes at the level they are no one can afford more. Eugene Peterson, 7443 Hames Way, indicated there would be problems with run-off due to the impervious surfaces and this will have a negative effect on Round Lake. Director of Public Works Dietz said there is a sediment pond and storm sewer which will be adequate to handle the run-off. It was also pointed out that the fertilizers used by the farms in the area more than likely have a detrimental effect on Round Lake and are probably of greater harm than what will be generated by the proposed. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-242, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson , to adopt Resolution No. 83-234, approving the Apple Groves Planned Unit Development Concept. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to give Ist Reading to Ordinance No. 47-83, zoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-235, approving the preliminary plat of Apple Groves for Northwest Properties. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-236, finding the amended Environmental Assessment Worksheet for Apple Groves, a Private Action, which does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer' s Agreement, taking into consideration the recommendations of the Staff Report with final action on the Developer' s Agreement to be delayed until this proposal has been reviewed by the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. There was discussion as to the timing of proposals and the fact that some have come before the Council prior to the time they have been reviewed by the Parks, Recreation & Natural Resources Commission. The problem has coin up when the Planning Commission has had to further review a proposal after it has been scheduled (via Public Hearing notices in the Eden Prairie News ) for the Council agenda . This will be looked into by Staff. City Council Minutes -6- October 6, 1983 Ron Krueger, engineer for the developer, asked if permission to do grading could be granted. Discussion ensued. MOTION: Tangen moved, seconded by Redpath, to allow preliminary grading of the property south of the railroad tracks. Motion carried with Bentley voting "no." MOTION: Bentley moved, seconded by Tangen, to have roads posted so that construction traffic will be •restricted to Valley -View Road. ' Motion carried unanimously. D. MAPLE HILL bysCharis. Request for Zoning District change from Rural to R1-13.5 or single family detached land use and preliminary plat of 5.3 acres for eleven (11) lots. Location: 18811 Duck Lake Trail . (Ordinance No. 43-83 - zoning and Resolution No. 83-237 - preliminary plat. ) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bill Bonner, proponent, spoke to the proposal . Director of Planning Enger said this request had been reviewed by the Planning Conmission at its meeting on September 12, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report of September 8, 1983. He said Mr. Rudin's concerns regarding the drainage have been addressed and resolved. There were no comments from the audience, MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No, 48-83, zoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Penzel , to adopt Resolution No. 83-237, approving the preliminary plat of Maple Hill for the Charis Partnership. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution including the recommendations of Staff and the Commissions. Motion carried unanimously, City Council Minutes -7- October 6, 1983 E. LILLIAN BECKMAN. Request for Preliminary Plat of 4. 5 acres into three T3single family detached lots . Location: 12400 Gerard Drive. (Reso- lution No. 83-238 - preliminary plat. ) City Manager Jul 1 i e stated notice of this Public Hearing had been pub- lished and property owners within the project vicinity had been notified. Planning Director Enger said the Planning Commission had recommended approval of this request subject to the recommendations included in the Staff Report of September 9, 1983. Tangen asked if this had been reviewed by the Parks , Recreation & Natural Resources Commission. Eager said it had not done so. Tangen expressed concern that it be reviewed by that Cormmission since there is an opportunity for a trail connection in this area. Howard Kaerwer, 12800 Gerard , said neither he nor the Hansons, who are also neighbors, have any objection to the replatting of the Beckinan parcel . 1 He said the Hansons are frustrated because the subject of a trail through their property keeps coming up time after time. Anderson noted that the trail in the Cardinal Creek area is a dead end trail and the City Council should find a way of connecting it to the Topview area. Penzel said it is pointless to discuss that at this time because a trail connection cannot be made through the Beckman parcel . Tangen said he felt the Council was jumping ahead of the Parks, Recreation & Natural Resources Commission. Enger said the Parks , Recreation & Natural Resources Commission can review this request prior to final plat approval . Kaerwer indicated that he had a way of solving the trail problem, It was suggested he discuss this with the Parks , Recreation & Natural Resources Commission and Staff. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-238, approving the preliminary plat of Lillian Beckman. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to send the request to the Parks, Recreation & Natural Resources Commission for its review prior to final plat approval . Motion carried unanimously. F. PRAIRIE WASH ADDITION by Ricky Ites. Request for Zoning District Change from Rural Commercial Regional Service for a car wash/office land use and Preliminary Plat of 1.56 acres for one lot. Location-, east of Prairie Center Drive and south of Valley View Road, (Ordinance No. 49-83 - zoning and Resolution No. 83-239 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified, Lee Johnson, representative for the proponent, addressed the proposal . t ... _ - _. _. ..1. _._�' _.._.,. ,= .._.,.,...,a.e .1�`tr'_�, ,r&__,_:,_z r�?•rw-�i w) t« .. r _ . _ ,. _. City Council Minutes -8- October 6, 1983 Director of Planning Enger said the Planning Commission had reviewed this request at its meeting on September 12, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report of September 9, 1983. This item was not reviewed by the Parks, Recreation & Natural Resources Commission. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 49-83, zoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-239, approving the preliminary plat of the Prairie Wash Addition for Ricky Ites. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. G. CASTLEMOOR OFFICE PARK by Tudor Oaks/ABIO Holdings. Request for Zoning from Rural to Regional Commercial Service on approximately 3.5 acres for an office and banking facility. . Location: Highway 169 and Castle- moor Drive. (Ordinance No. 50-83 - zoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified, Dennis Spalla, Krause Anderson, representing the developer, addressed the proposal . Director of Public Works Dietz said access to TH 169 poses a problem and } Staff would recommend access be limited to right-in/right-out only from Castlemoor Drive. Planning Director Enger reviewed why a cut in the median would create a traffic problem. - Bernard Loeffler, Tudor Oaks , said they have been before District 5 of MnDOT and have been given permission to have full access at Castlemoor Drive. He said this has always been considered to be a full movement access intersection. Enger said there will be full access available at Commonwealth; if full access was granted for Castlemoor, the situation would only be aggrevated according to traffic projections. MOTION: Bentley moved, seconded by Anderson, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. City Council Mirutes -9- October 6, 1983 Bentley asked when signals are to be installed at TH 169 and Prairie Center Drive. Dietz said the conduits are under the roadway; MnDOT will not put them in unless the warrants justify the signals and this has not happened. Penzel said the Council will argue this with MnDOT and the appropriate people. The Council clearly expected signals would be provi- ded prior to the opening of Prairie Center Drive. MOTION: Redpath moved , seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 50-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to instruct Staff to review the southern access matter prior to 2nd Reading of the Ordinance and to S direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. H. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF $481 ,600.00 BY L. DEAN LUKE AND DIANE J. LUKE, La PEPINIERE MONTESSORI SCHOOL, INC. Resolution No. 83-240 l City Manager Jullie said notice of this Public Hearing had been published. Bob Ryan of Ryan Development, Dean Luke the proponent, and Marsh Everson the owner of LaPepiniere, were present to answer questions. MOTION: Redpath moved , seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-240, giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Energy and Economic Development Authority for approval ; and authorizing preparation of necessary documents. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 9861 - 10081 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 9861 - 10081. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye. " Motion carried unanimously. VI . REPORTS OF ADVISORY COMMISSIONS There were no reports. VII . PETITIONS, REQUESTS & COMMUNICATIONS There were none. VIII . ORDINANCES & RESOLUTIONS A. Civil Defense Ordinance - Ordinance No. 54-83 MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 54-83, Civil Defense Ordinance. Motion carried unanimously, City Council Minutes -10- October 6 , 1983 MOTION: Bentley moved, seconded by Anderson, to direct Staff to review the provision of the City Code relating to where the City Council should meet in the event of an emergency/civil defense emergency and to draft the appropriate changes . Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentley - indicated there is a massage parlor located in the beauty shop at the Preserve Village Center. Staff was directed to check into this. Penzel - asked Staff to look into what the City might do in the way of regulating the landfill such as tipping fees, inspection fees clean- up charges, road maintenance assessments , water and air quality monitor- ing fees, etc. Bentley requested Staff begin drafting an ordinance relating to the preliminary grading of *sites -- the ordinance would not allow such to occur and would be adopted prior to the first of next year. This would be an amendment to the zoning portion of the City Code. City Attorney Pauly said a grading permit is not necessarily tied to zoning; this should be looked at when the ordinance is drafted. B. Report of City Manager S 1. 1984 City Budget (Resolution No. 83-248) Penzel called attention to a letter from Barbara Johnson of the Historical & Cultural Commission regarding the Commission's allot- ment in the proposed budget for 1984. (See attached letter. ) s Redpath said he would like to see $1000 kept as the City's contri- bution toward the community theater. The Council concurred. f MOTION; Redpath moved, seconded by Bentley, to adopt Resolution No, 83-248, certifying 1983 tax levy, collectable in 1984, Roll k call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. C. Report of Director of Public Works 1. Award contract for Rainbow Drive Sanitary Sewer Extension I .C. 52-054 Resolution No. 83-246 MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-246, accepting bid for Rainbow Drive Sanitary Sewer Exten- sion; contract awarded to E.J.M. Pipe Services , Inc. Motion carried unanimously. i City Council Minutes -11- October b, 1983 2. Bentley asked that Staff prepare a "menu" of options regarding how (" special assessment hearings might be dealt with in the future. City i Manager Jullie said perhaps two special assessment hearings might be held -- one in May at which time those which might be contested would be heard and the other in August for those projects which the City was not able to determine the cost in May. Anderson said he felt strongly that special assessment hearing should not be held on the same evening as a regularly scheduled meeting of the City Council . X. NEW BUSINESS MOTION: Bentley moved, seconded by Anderson, to set a Public Hearing for 7: 30 p.m. on Tuesday, November 15, 1983, to hear an appeal by Anthony E. Feffer regarding a determination made by the Board of Appeal and Adjustments. ' Motion carried unanimously. XI . ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at 12: 10 a.m. Motion carried unanimously.