HomeMy WebLinkAboutCity Council - 06/19/1984 r
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APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 19, 1984 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, George '
Bentley, Paul Redpath and George Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City
Manager Craig Dawson, City Attorney Roger Pauly,
Finance Director John D. Frane. Planning Director
Chris Enger; Director of Community Services Robert
Lambert, Director of Public Works Eugene A. Dietz,
and Recording Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Richard Anderson was absent,
I . "PPROVAL OF AGENDA AND OTHER ITEMS -OF BUSINESS
The following item was added to the Agenda : VIII` A, 1. Rowland Road.
M01'ION: Bentley moved, seconded by Redpath, to approve the Agenda and Other
Items of Business as amended. Motion carried unanimously,
H . MINUTES 0 I T S F TFIE "CITY COUNCIL MEETING HELD TUESDAY MAY 15 1984
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MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the City
Council Meeting held Tuesday, May 15, 1984, as published . Motion carried unani-
mously
III . ONSENT CALENDAR
A. Clerk ' s License List
B. Accept bids on play structure at Starino Lake Park
C. Final _Plat approval for Norseman 6th Addition (Resolution No. 84-143)
D. Final Plat approval for Anderson Lakes Corrrnercial Center (Resolution No. 84-146)
E. Final Plat approval for Bluffs East 2nd Addition (Resolution No. . 84-147)
F. Change Order #2p I .C. 51-308C
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City Council Minutes -2- June 19, 1984
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G. Set Public Hearing for July 17, 1984, to consider vacation of a utility
�+ easement in the James Refrigeration ,Plat
H. Set Public Hearing for July 17, 1984, to consider vacation of a ut i l ii ly
easement on Lot 2 , Block 1 of LeParc
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I . Approve plans and specifications for Anderson Lakes Parkway Improvement
and authorize bids to be opened -on July 26, 1984 r.C. 52-035 Resolution
No. 84-149
J. Approve cooperative a reement with `Hennepin County for signal installation
at Valley View Road and m Baker Road and authorize execution of docuent
Resolution No,. 84-151
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K. Approve plans and specifications -f�6_rs_ignal ' i nstallati on as designed by
Henne in County DOT for intersect oi n 'of-'VaTTey View Road at Bakir Road'
�Resol uti on No, 84-150
L . Final Plat approval for Feffer Addition (Resolution No. 84-156)
M, Award contract for Carmel and wicini ty `improvements, I .C. 5Z-059 A A B
�ltesol uti on -No, �84-152 T
N. Approve and authorize execution 'of agreement with the Chicago and North-
-,western Transportati on Company -for crossing a•t Ederrvale Boulevard
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TResol uti on No.84 154)
0. Establish Polling Places and Precincts for the-City
P. Receive 100% petition for -Trunk 'Sewer and Water to serve property owned b
Hustad ' and 'authorize theprieparati,on of moans and specifications, 'L.C.
52-063 Reso uti on No, 84-148
MOTION: Redpath moved, seconded by Tangen, to approve items A - P on the Con-
sent Calendar with the Final Plat for Norseman 6th Addition (item "C") to be
modified (east/west lot line is to be moved as per Staff recommendation. )
Motion carried with Bentley abstaining on item "M" .
IV. PUBLIC HEARINGS
A. City Code Amendment to Section 11.70 to regulate signs at Fl_yj qj_ oud Air-
port (continued from May 15, 19844)
MOTION: Bentley moved, seconded by Tangen , to continue this item to the
August 7, 1984, meeti no of the City Council . Motion carried unanimously.
B. Br ant Lake Office Tech Center Street and Utili Improvements , I .G . 52-053
Resolution No. 84-91 continued from June 5 ; 1984 Y
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City Council Minutes -3- June 19, 1984
Director of Public Works Dietz reviewed the location and purpose of- the
project and noted no further word had been received from the property owners
involved in the project. He recommended action be tabled until someone is
ready to build on the property.
There were no comments from the audience.
MOTION: Redpath moved, seconded by Bentley, to close the Public Bearing
and to table action on this matter until the situation is resolved and to
indicate to the property owners that no action will take place until all
issues are resolved, Motion carried unanimously, a
C. Vacation of a utility easement over *Lot 8, Block 6, Round Lake Estates
�Reso1 uti on No, 84-153) �T�'
City Manager Jullie stated notice of this Public Hearing had been published.
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Director of Public Works Dietz,.explained the location of the easements involved i
and the need for vacating them,
There were no comments from the audience;
MOTION: Bentley moved, seconded by Tanaen, to close the Public Hearing and
to adopt Resolution No, 84-153, vacation of., sanitary sewer easements on Lot
8, Block 6, Round Lake Estates 2nd Addition, Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 14147 - 144.15
MOTION; Bentley moved, seconded by Redpath, to approve the Payment of Claims
Nos , 1414.7 144159 Roll call votet Bentley, Redpath Tangen and Penzel voted
"aye, " Motion carried unanimously,
REPORTS OF ADVISORY COMMISSIONS
There were no reports .
VII . PETITIONS. REQUESTS & COMMUNICATIONS
A. Request from Gary Jeub
Director of Community Services Lambert addressed his memorandum of June
13, 1984, in which Gary Jeub's request was addressed .
Gary Jeub, 15071 Summerhill Drive, stated there is a 6" wide asphalt path
on his property and he is concerned about his liability since children play
on this path . He noted that the Edenvale Homeowner's Association appears to
be a phantom group at this time. He noted there never was an easement on
his property. It was his opinion that the City has assumed some measure of
responsibility by saying the path could be removed.
City Council Minutes -4, June 19, 1984
Tangen asked what the status of the Edenvale Homeowner's Association
is at this time. Lambert indicated he preferred not to comment on that
matter. Tangen asked if the Homeowner"s Association was responsible for
this. Lambert said there is still an Association to which the homeowners
pay an annual fee. Penzel said perhaps the City should clarify this with
Equitable which is the company which owns the undeveloped Edenvale property.
Penzel also noted that perhaps the City or Jeub could check with Zachman
regarding the trail and find out why it was built. The ensuing discussion
dealt with the responsibility for maintenance of trails in a safe and i
healthy manner in areas such as this .
Jeub asked that he be reimbursed for the removal of the trail on his
property. Tangen said he would like,.ta do so, but cannot do so because
the City has no legal responsibility, City Attorney Pauly stated that the
City would have to be found to have created or caused the problem in that
it required the trail to be put in; there is no documentation to that fact.
Tangen suggested Jeub go back to the Homeowner 's Association and ask it
for assistance in removing the pathway,
MOTION : Tangen moved, seconded by Redpa th, to instruct City Manager Jullie
to write to the Edenvale Homeowner"s Association stating that the City did
not require a trail at this location, the trail was constructed by the
developer as an access trail to the homeowner-owned outlot along rear lot
lines at this location , and, therefore, the City contends it is the respon-
sibility of the Edenvale Homeowner's Association to reimburse Gary Jeub for
the removal of the trail along his property line`.; Motion carried unanimously.
' II . REPORTS OF OFFICERS BOARDS & COMMISSIONS
A, Reports of Council Members
1. Rowl and Road
Tangen noted letters,, which had been received from Bevery Rodberg, 6580
Rowland Road, and Dr, Roger Farber; 6525 Rowland Road (see attached.)
These letters addressed the serious disrepair of Rowland Road and
indicated the public safety hazard which has been created as a result.
Tangen noted this road provides access to Bryant Lake Park as well as
to the horse barns; it is used by bikers , joggers , and runners .
Bentley said it appears it will be sometime before the County gets
around to upgrading this road , He said besides being a hazard, the .
road is an embarrassment. He noted that the developer of Carmel Addition
had given the City money for maintenance of the road; P.entley requested
Staff be charged with providing an estimate as to what it would cost
to make the roadway safe, Director of Public Works Dietz said some
grading and patching was begun today. Redpath felt patching would not
City Council Minutes -5- June 19, 1984
work and asked if the City could assess the County for repairs. The
consensus was that the County could be assessed. Tangen said the County
has put off development of the Park for another year; he requested Staff
look into a more permanent temporary solution to the road problem. Bentley
said he would like to see a feasibility study ordered.
MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare
a feasibility report on permanent improvements to Rowland Road and to
authorize temporary repairs at this time which would make the Road ser-
viceable. When the feasibility report is prepared, rural section road
standards as well as other options should be examined. Motion carried
unanimously.
2. - Bentley • noted that a nice job had been done by the Public Works
Department in repairing Preserve Boulevard, j
Report of City Mana9er
City Manager Jullie stated the Metropolitan Council ' s [days and Means Commit-
tee had decided to take no action on the Lake Ann interceptor question. He
said the City would be notified when there is further action on the issue.
Penzel suggested a letter be sent to the subcommittee commending it For
this action.
MOTION; Tangen moved, seconded by Bentley, to instruct City Manager Jullie
to send a letter to the subcommittee commending it for its action. Motion
carried unanimously,
C. Resort of City Attorney
1. - Di scussi orr on Campaign Signs
City Attorney Pauly referred to his memorandum of June 14. 1984, in
which the matter of campaign signs was addressed, He noted that
revisions to Code were suggested beginning on the second page of
the memorandum,
MOTION : Bentley moved, seconded by Tangen, to direct City Attorney
Pauly to redraft the section of the City Code which deals with campaign
signs as per his memorandum of June 14, 1984; and to direct the City
Clerk to draft a letter to be sent to all candidates on the ballot
giving the rules and regulations of the City and the County. Motion
carried unanimously.
D. Report of Director of Community Services
1. Teen Coo erat i ve Employment Service
Director of Community Services Lambert referred to his memorandum
of June 14, 1984, in which this matter was addressed.
MOTION: Tangen moved. seconded by Bentley , to direct Staff to implement
the Teen Cooperative Employment Service as outlined in the memorandum of
June 14, 1984. Motion carried unanimously.
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City Council Minutes -6- June 19, 1984
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2. Information on Bike Trail Grant Applications
Director of Community Services Lambert spoke ro his memorandum of
June 14, 1984 , which indicated the City' s request for $2 million
for bikeway' construction via a grant from MnDOT had been deleted
from the MnDOT budget for 1985,
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MOTION: Tangen moved, seconded by Redpath, to accept the report
regarding the Ci ty's Bike Trail Grant Application. Motion carried
unanimously.
IX. NEW BUSINESS
There was none.
ADJOURNMENT
MOTION: Tangen moved , seconded by Bentley, to adjourn the meeting at 8:56 p.m.
Motion carried unanimously.
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