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HomeMy WebLinkAboutCity Council - 02/19/1985 APPROVED MINUTES C EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 19, 1985 7: 30 p.m. , SCHOOL ADMINISTRATION BOARDROOM CITY COUNCIL 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 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 PLEDGE OF ALLEGIANCE ROLL CALL : all members were present I . APPROVA!_ OF AGENDA AND OTHER ITEMS OF BUSLNESS The following item was removed from the Agenda: III . P. Final approval of Housing Revenue Bonds in the amount of $9;550 00.6.cW__for Eden Commons., MOTION: Redpath moved, seconded by Anderson, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II . MINUTES A. Minutes of City Council Meeti no held Tuesday, December 18, 1984 page 11, para, 3 under "A. " , first line: insert "mass transit" between "internal" and "circulation." MOTION: Bentley moved, seconded by Redpath, to approve the Minutes the the City Council Meeting held Tuesday, December 18, 1984, as amended and published. Motion carried unanimously. Ill. CONSENT CALENDAR A. Clerk's License List B. Award bid for grading of Franlo Park and Eden Valley Park C. Award quotes for play structures at Staring Lake Park, Homeward bills Park, and Edenva a Park City Council Minutes -2- February 19, 1985 D. Final Plat approval for Edenvale Executive Center (Resolution No. 85-56) E. Final Plat approval for Lake Heights 2nd Addition (Resolution No. 85-57) F. Final Plat approval for Coachman' s Landing 2nd Addition (Resolution No. 85-54 G. Final Plat approval for Coachman' s Landing 3rd Addition (Resolution No. 85-55 H. Receive Feasibility Report for Sanitary Sewer Improvements - Paulsen's 1st and 2nd Additions and Aeple Groves - and set Public Hearing for 7:30 p,m. , March 19, 1985 - I .C. 5 -061 I. Change Order No 3, I .C. 51-308C J. Change Order No. 4, I .C. 51-30BA-2 K. Resolution authorizing pre aration of Feasibility Report for Rowland Road, I .C. 52-067 Resolution No. 85-59 L. APPLE GROVES by Northwest Properties, Adopting a Finding of No Significant Impact for Environmental Assessment Worksheet on Apple Groves (Resolution No. 85-50 - Finding No Significant Impact) M. EDEN COMMONS by Chasewood Development. Adopting a Finding of No Sinni fi cant Impact for Environmental Assessment Worksheet on Eden Commons (Resolution No. 85-52 - Finding No Si nni fi cant Impact) N. MUIRFIELD by Tandem Corporation. Adopting a Finding of No Significant Impact for Environmental Assessment Worksheet for Muirfield (Resolution No. 85-51 - Finding No Significant Impact) 0. BERGIN AUTO BODY by James J. Bergin. 2nd Reading of Ordinance No, 4-85 within 1-2 Park District for ore acre; Adoption of Resolution No. 85-64 Approving Development Plan for Bergin Auto Body; and Adoption of Resolu- tion No. 85-65, Approving Summary of Ordinance No. 4-85 and Ordering Publication of Said Summary. (Ordinance No. 4-85 - zoning amendment within I-2 District, Resolution No, 85-64 - approving Development Plan and Resolution No. 85-65 - authorizing publication of Summary of Ordinance) P. Final approval of Housing Revenue Bonds in the amount of $9 650 000.00 or Eden Commons (Resolution No. -63 - withdrawn at the request o the proponent. MOTION: Bentley moved, seconded by Redpath, to adopt items A - 0 on the Consent Calendar, Motion carried unanimously. City Council Minutes -3- February 19 , 1985 IV. PUBLIC HEARINGS A. Bluffs West Vicinity Storm Sewer Feasibility Report, I.C. 52-069 Resolution No. 85-60 City Manager Jullie stated notice of this Public Hearing had been published and copies of the feasibility report were mailed to each 1 property owner 1 isted on the assessment roll . 1 Director of Public Works Dietz addressed the feasibility report. He noted that Staff had met with the Hustads to discuss the report and they indicated a willingness to accept a larger share of the project costs based upon what their costs would be if they construc- ted a permanent drainage system to serve their remaining undeveloped properties, including the developed lots which they sold and which lay within the drainage assessment area per recommended Alternate 3. The Hustads indicated they would be asking for one or two additional lots in the Bluffs West 5th Addition to pay for the drainage improve- ments . Dietz said the Council might wish to consider ordering Alternate 3 based upon Hustad's cost sharing commitment and spreading the balance of the project costs against the remaining drainage area benefi tted. Another consideration might be to defer until development, with interest not to exceed 50% of the principal , the cost to other undeveloped prop- erties. Dietz called attention to the fact that all final cornnitments on the special assessment spread must be considered at the Special Assessment Hearing for the project which would occur at a later time when the project costs have been finalized. There was discussion by the Council as to the cost per acre of the improvements. Jullie said the cost was $2750 per acre and noted the assessment would be spread over 17 years . Ellen Kosheni na, 10541 Riverview Drive, said she did not feel the Laseski s and the Brandts should have to pay for any of this since there were no problems until the Hustads came up with this proposal for development. Dietz said if the Laseskis or the Brandts choose not to develop their properties they would only have to pay the one- half acre rate; the remainder of the assessment would not have to be paid until development occurred. Kate Laseski , Riverview Road, asked for clarification regarding the deferrment procedure. Gregory Fontaine, Dorsey & Whitney, attorney representing Eliza Anderson and Kate Mooers, spoke in support of Alternate #3; he wished to go on record as preserving his clients' rights for an Environmental Impact Statement or Environmental Assessment Worksheet should it be found that his clients ' property was adversely affected if Alternate #3 was not chosen. City Council Minutes -4- February 19, 1985 Dr. Henry E. Brandt, 12300 Riverview, said it seemed to him that whatever is done in the Bluffs West 5th Addition, he would think the Brandts and the Laseskis would be able to ,develop their properties without coming back before the Council . Bentley said any development proposals must come before the City Council . Brandt said he felt what was being done by this proposal was setting a precedent and would be forcing development. Dennis Laufenburger, 11900 Riverview Road, asked what is happening to the storm water at this time. Dietz explained the storm water run-off using a map. Bill Bailantyne, 11908 Pendleton Court, inquired as to the location of a specific pipe. Brian Keegan, 10515 Riverview Drive, said he does not see how this is going to help those living south and east of R'vervi ew Road where the real problems seem to be . Laufenburger stated the solution should have been a final. one; he felt additional work would have to be done later on. Steven Boots , 11909 Pendleton Court, said he felt that if it were not for the new subdivision there would not be a need for more storm sewers ` and consequently there would not be a special assessment. He asked how this would be accomplished. Dietz explained there would be a plastic pipe put in 3' deep. This would be done along the easement along the rear lot lines of homes . Dietz noted that restoration of yards is included in the plan. Koshen i na said there are problems in the Spring with run-off; she cited the erosion problems which result. Redpath said the reason the City Council was looking at this particular alternative was to alleviate that problem. Bentley asked if this proposal had to be reviewed by the Watershed District and the DNR. Dietz said the Watershed District would have to review it; it had not been determined whether or not the DNR would have to review the proposal . Dietz said there would be some leaching of the run-off into the River. He stated that it was felt this proposal provides the best solution with the least number of adverse factors. Sally Brown, 10080 Bennett Place, reviewed the history of the water problems in this sector of the City, Brown said that as. long as the City was so accommodating to the developer, problems such as this would not be resolved. Redpath said that was why this study had been requested by the Council in December; the Council is trying to eliminate a problem such as Brown has on her property. Keegan said he did not see how his property would be helped by this project. City Council Minutes -5- February 19, 1985 Duane Essink, 10290 Edinburgh Circle, asked how many engineering firms had taken a look at this before a solution had been determined. Dietz reviewed the process which was used for projects of this type and noted that there are seven or eight checks and balances in the process. Essink w asked who would be responsible if this does not work and something else had to be done in five or six years. Dietz said it would be the Ci ty' s responsibility or else the whole reviewal process would have to be gone ` through again. Redpath said he felt this was the right alternate and that it would work. Boots said he felt the Council had already made up its mind . Bentley said the Council had based some of its comments on other hearings which have been held regarding this area. Anderson noted that the City for many years has tried to protect the bluffs. He asked what would happen if this proposal is not approved Dietz said there would be additional damaget it is built to the point where nothing else should happen in that area to add to the problem. Bentley asked about the appropriateness of including the areas south and east of Riverview Drive in this area. Dietz showed on a map the drainage areas; the area south and east does not drain into this area. Dietz noted the City has grading plans for the area to the north of Riverview Drive; that information is not available yet for the area south of Riverview Drive. Dietz indicated that during the final design process and during the preparation of the final specifications, this information would be verified; this would be in advance of the final assessment hearing. Dietz stated that property owners included in the final assessment district would receive notices regarding the proposed assess- ments; the hearing would probably be held in May of 1986 should this project be voted in this evening. Brown asked if the developer had put up a performance bond for this proposal . Dietz indicated this would be a City project and the developer would not have to put up a bond. Koshenina noted the Schlampp property was not included in the assessment roll and he was the one who brought up the fact there was a problem. Dietz reviewed the history of what had happened regarding this proposal . MOTION: Anderson moved . seconded by Redpath. to close the Public Hearing and to adopt Resolution No. 85-60, ordering improvements and preparation of plans and specifications , I .C . 52-069, Bluffs West Vicinity Storm Sewer. Motion carried unanimously. B. BLUFFS WEST 5TH ADDITION by The Bluffs Company. Request for Zoning District Change from R1-22 to R1-13.5 for 14.5 acres and preliminaty plat of 14.5 acres into 32 single family lots ; Location: south of Riverview Road, east of West Riverview Drive. (Ordi name No. 106-84 - zoning and Resolution No. 84-215 - preliminary plat) - continued Public Hearing from January 22, 1985 (� City Manager Jullie noted this item was continued from January 22 , 1985. '` Wally Hustad, Jr. representing The Bluffs Company, addressed the request. City Council Minutes -6- February 19, 1985 Director of Planning Enger stated the Planning Commission had reviewed this request at its meetings on July 9, 1984, July 23, 1984, August 13, 1984, and August 27, 1984. This item had been reviewed by the City Council at its meetings on September 4, 1984, and December 11, 1984; it was continued to tonight's agenda to allow time for the storm sewer proposal . At its meeting on August 27, 1984, the Planning Commission recommended approval for 29 single family lots in the Bluffs West 5th Addition based on plans revised from the 31 lots which had been requested. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting in August at which t I mmme it voted to recommend approval with the addition of an 8' asphalt bikeway. Redpath asked for the rationale of reducing the number of tots from 31 to 29. Enger said the Planning Commission was concerned about providing a transition to the area of larger homes south of Riverview Drive. Ander- son asked about the significance of having lot lines line up across the street from each other, Redpath said he felt that could be carried too far. Enger said the Plannina Commission was concerned about lot lines as well as the 22.5 zoning. Gayle Diehl , 10530 West Riverview Drive, said she would like to see about 26 lots allowed in the area to be developed. Dr. James Diehl , 10530 West Riverview Drive, said there was no transition on his side of Riverview. He said he felt the whole area was being cheapened and those who had paid premiums for their lots were now going to be penalized. He said the proposal was an insult to the current residents. Ellen Koshenina, 10451 Riverview Drive, said more houses are proposed for this area than were built in the Orin Thompson area to the north. She said the feasibility report showed 27 lots. Dietz said Staff had used 28 lots and that has no bearing on the number proposed by the developer. Bentley expressed concern about the transition on the west side of River- view Drive. He felt the lots had relatively small frontages compared to those adjacent lots to the south. Enger said the Planning Commission had not devoted much time to this particular area as its concern was with the area directly across the street from the lots on the south. Enger said he felt it was appropriate to review the lot sizes on the west. There was some discussion as to the interpretation of transition. Bentley said he felt the question before the Council was whether or not 13.5 zoning is appropriate on this site. He said he felt 13.5 is appropriate in this area since it is just south of an area which is zoned 13.5. He suggested that two or three lots be deleted from the area west of Riverview so those lots would be more compatible with the adjacent lots. y City Council Minutes -7- February 19, 1985 k Pidcock asked about the price range of the homes proposed. Hustad said The Bluffs Company is only a development company and would not do the building; the lots would be priced in the $30,000 range probably. Redpath asked what the cost of the lots would be if two were removed on the west. Hustad said $40,000. Kosheni na said she would 1 i ke to see the area south of Riverview zoned 22. 5. She indicated she favored 27 or 28 lots. Gayle Diehl said the lot frontages on the west side could be increased by removinca only one lot. a a Redpath noted that the reason why half-acre lots are no longer feasible is the cost of City sewer and water. Anderson said he would be agreeable to a 29 lot plan with the removal of one lot on the west side and adjusting the other lot sizes in that area. Hustad said it the proposal were dropped to 28 lots, this would not be built. Anderson said he was attempting to work out a compromise. Bentley said it was not good planning to put a 70' frontage next to . one with 150' ; this would not be an appropri a Ze transition. He did not think that just lot depth or width should be a matter of consideration ; these should be considered together. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading to Ordinance No. 106-84, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 84-215 , preliminary plat approval , for 29 lots (with the removal of one lot from the south and one from the west and adjusting the boundaries accordingly. ) Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement per Commission and Staff recommendations. Motion carried unanimously. C. Request for Housing Revenue Bonds in the amount of $11 000 000.00 for Tanaqer Creek Resolution No. 85-48 - Continued Public Hearing from February 5, 1985 City Manager Jullie stated the proponents have withdrawn their request at this time because the Planning Staff had determined the proponent's current development plans are not in conformance with the rezoning approval . 11OTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to table Resolution No. 85-48 at the request of the proponent. Motion carried unanimously. City Council Minutes -$- February 19, 1985 D. Request for Municipal Industrial Development Bonds in the amount of 1 ,1DO,000.00 for Roberts Litho City Manager Jullie said notice of this Public Hearing had been published. s He noted that the Council had granted preliminary approval at its meeting on January 22, 1985; a public hearing was not conducted at that time because of the time constraints that the applicants were under. This Hearing is being conducted to satisfy Federal laws concerning issuance of MI DBs. Steve Hoyt, proponent, was present to answer questions . MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. E. Street Name Change - Birch Island Road between Edenvale Boulevard and 4 Co. Rd. 67 Ordinance No. 6-85 s City Manager Jullie said notice of this Public Hearing was published and notices were mailed to the two or three property owners whose addresses 4 would be affected. Director of Public Works Dietz explained the rationale for the name change. There was discussion as to what the name should be. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to give 1st Reading to Ordinance No. 6-85, changing the name of Birch Island Road between Edenvale Boulevard and Co. Rd. 67 to Indian Chief Road. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 18563 - 18833 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 18563 - 18833. Roll call vote: Anderson, Bentley,; Pidcock, Redpath and Peterson voted "aye. " Motion carried unanimously. P VI . ORDINANCES AND RESOLUTIONS There were none. k City Council Minutes -9- February 19, 1985 VII_ APPOINTMENTS A. Appointment of Ad Hoc Committee members to study Referendum Issues for the City of Eden Prairie Continued from February 5, 1985 The names of Carolyn Lyngdal and Sue Osberg were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson. to approve the appointment of the Ad Hoc Committee members to study Referendum Issues as submitted previously: Merle Gamm, Curt Connaughty, Bob Hallett, Moe Cook, Fred Hoi s i ngton , Bob Lambert, John Frane and with the addition of Carolyn Lyngdal and Sue Osberg. Motion carried unanimously, (Representatives of the Outdoor Recreation Facilities Sub-committee and the Indoor Recre- ation Facilities Sub-committee will be appointed later; two members at large will be appointed later; also serving will be City Staff Liaison. ) B. Board of Appeals & Adjustments - Appointment of two members to serve three-year terms effective March 1 , 1985 The names of Ron Krueger and Roger Sandvi k were placed in nomination. MOTION: Bentley moved, seconded by Redpath , to close the nominations and to cast a unanimous ballot for Ron Krueger and Roger Sandvik for appointment to three year terms on the Board of Appeals & Adjustments effective March 1 , 1985. Motion carried unanimously. C. Building Code Board of Appeals - Appointment of two members to serve three-year terms effective starch 1, 1985 The names of Charles DeBono and William Arockiasamy were placed in norni nation. NOTION: Anderson moved , seconded by Redpath, to close the nominations and to cast a unanimous ballot for Charles DeBono and William Arockiasamy for appointment to three-year terms on the Building Code Board of Appeals effective March 1 , 1985. Motion carried unanimously. D. Development Commission - Appointment of two members to serve three- year terms effective arch 1 , 1985. The names of Ron Allar, Walter Thompson, and Julianne Bye were placed in nomination. MOTION: Redpath moved, seconded by Anderson, to close the nominations. Motion carried unanimously. Voting for Allar were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Thompson were: Anderson, Bentley, Redpath and Peterson. Voting for Bye was: Pidcock. t City Council Minutes -10- February 19, 1985 i Ron Allar and Walter Thompson were appointed to three-year terms on the Development Commission effective March 1 , 1985. E. Flying Cloud Airport Advisory Commission of Eden Prairie - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Jean Bitter, Clyde Lake, David Barker, and Eva Reeve were placed in nomination. MOTION: Bentley moved, seconded by Redpath, to close the nominations, Motion carried unanimously. Voting for Bitter were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Lake were: Anderson, Bentley and Redpath. Voti ng for Barker was: Peterson. Voting for Reeve was : Pidcock. Jean Bitter and Clyde Lake were appointed to three-year terms on the Flying Cloud Airport Advisory Commission effective March 1, 1985. F. Historical & Cultural Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Mona Finholt Leppla, Adeline Bramwell and Coralyn Koschinska were placed in nomination. MOTION: Bentley moved, seconded by Anderson, to close the nominations. i Motion carried unanimously. Voting for Leppla were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Bramwell were: Anderson and Redpath. Voting for Koschinska were: Bentley, Pidcock and Peterson. Mona Fi nhol t Leppla and Coralyn Koschinska were appointed to three-year terms on the Historical & Cultural Commission effective March 1, 1985. G. Human Rights & Services Commission - Appointment of two members to serve three-year terms effective March 1, 1985. The names of Margaret (Peg) Johnson, Helen Robertson, James Van Horn, and Rosemary Finley were placed in nomination. MOTION: Pidcock moved, seconded by Anderson, to close the nominations. Motion carried unanimously. Voting for Johnson were: Anderson, Bentley, Pidcock, Redpath and Peterson. Voting for Robertson was: Redpath. Voting for Van Horn were: Anderson, Bentley and Peterson. Voting for Finley was : Pidcock. i q i City Council Minutes -11- February 19, 1985 Margaret (Peg) Johnson and James Van Horn were appointed to three-year terms on the Human Rights & Services Commission effective March 1 , 1985. H. Parks , Recreation & Natural Resources Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Raiford "Bud" Baker, Gary Gonyea, Janet Whiteford and Julianne Bye were placed in nomination. MOTION: Pidcock moved, seconded by Bentley, to close the nominations. Motion carried unanimously. Voting for Baker were: Anderson, Bentley, Redpath and Peterson . Voting for Gonyea were: Bentley, Redpath and Peterson. Voti ng for Whiteford were: Anderson and Pidcock. Voting for Bye was: Pidcock. Raiford "Bud" Baker and Gary Gonyea were appointed to three-year terms on the Parks, Recreation & Natural Resources Commission effective March 1, 1985. I . Planning Commission - Appointment of two members to serve three-year terms effective March 1, 1985 The names of Christine Dodge, Julianne Bye, Douglas Reuter, Hakon Torjesen, Ann Youngdahl Boline and Ross Peterson were placed in nomination. MOTION: Bentley moved , seconded by Redpath, to close the nominations. Motion carried unanimously. Voting for Dodge were: Anderson, Bentley and Redpath . Voting for Bye were: Anderson, Bentley, Redpath and Peterson, Voting for Torjesen was : Pidcock. Voting for Bol i ne was: Pidcock. Voting for Peterson was: Peterson. Christine Dodge and Julianne Bye were appointed to three-year terms on the P1 anni ra Commission effective March 1 . 1985. Donald Sorensen, 7121 Willow Creek Road, recommended a training session be held for commission members so that they are aware of what their charges are. Redpath said he would like to set aside an evening to interview each of the candidates for various boards and commissions . He would like this to begin next year. Bentley asked that City Manager Jul 1 i e look into what types of training are available for commission members and what the cost would be to the City. City Council Minutes -12- February 19, 1985 VIII . PETITIONS, REQUESTS & COMMUNICATIONS ^ A. Request from Reuter, Inc. for discussion on allocation of City' s refuse Doug Reuter, representing Reuter, Inc . , was present to discuss his request that the City consider support of a proposed contract where- by refuse would be directed to Reuter, Inc . 's proposed processing plant in Hopkins. City Manager Jul 1 i e noted a letter which he and Mayor Peter- son had directed to the Metropolitan Council indicating a request for additional time to appropriately study and consider the matter. The Recycling Advisory Committee did consider this issue at its meeti nq on February 13, 1985, and advised that it merited further consideration. Reuter reviewed the process which is being proposed by Reuter, Inc. Peterson said he had many questions but felt the Council could make a statement in support of the process being preferrable to burning, He did not think a carefully worded letter would be a detriment to the City. Anderson said he felt the concept was something which the City has been looking at for a long time. City Attorney Pauly said the letter should not contain a commitment on the part of the City. Redpath said he would support a letter in support of the concept, Don Brauer, consultant, addressed the merits of the Proposal . There was discussion regarding as to how the letter should be worded so to provide the City with an adequate disclaimer. MOTION: Pidcock moved, seconded by Anderson, to direct Staff to draft a letter in support of Reuter, Ins. 's proposal taking into consideration the concerns expressed by the Council and Staff this evening. Motion carried unanimously. B. Request from Development Commisston for jotnt meeting with the City 'Council MOTION; Bentley moved, seconded by Redpath; to hold a joint meeting of the Development Commission and City Council at 6 p^ on Tuesday; April 16, 1985, prior to the regular meeting of the City,.Council ; the meeting will be held in the School Adni nistration Building, 8100 School Road. Motion carried unanimously. IX. REPORTS OF ADVISORY COMMISSIONS There were no reports , City Council Meeting -13- February 19, 1985 X. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS i A. Reports of Council Members There were none. B. Report of City Manager City Manager Jullie gave an update on the landfill expansion process. He noted that each Council member had received a copy of the proposed permit issued by the PCA. C. Report of City Attorney 1. Findings in connection with Welcome Home (continued from 2-5-85) City Attorney Pauly requested this matter be continued until a later date. This would allow time for the legislative history to be completed and until a response has been received from the Attorney General to questions posed to him relative to statutes pertaining to this issue. Bentley asked if the Council would consider the possibility of City Attorney Pauly getting input from the other attorneys involved in the issue when posing the questions to be asked of the Attorney General . Pauly said the ultimate responsibility for this would lie with the City Attorney but he would be willing to consider input from the others involved. MOTION: Redpath moved, seconded by Anderson, to continue action on this item to such time as recommended by the City Attorney. Motion carried unanimously. D. Report of Director of Public Works 1. Receive Rowland Road Feasibility Report, I .C. 52-067 (Resolution o. 9 - 61) MOTION: Redpath moved, seconded by Bentley, to receive the Report. Motion carried unanimously. XII . NEW BUSINESS There was none. XIII . ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 12: 13 a.m. Motion carried unanimously,