City Council - 10/08/1974 MINUTES
EDEN PRAIRIE CITY COUNCIL
ruesday, October 8 , 1974 7:30 FM, City Hall
COUNCIL MEMBERS: Mayor David W. Osterholt, Joan Meyers,
John McCulloch, Wolfgang Penzel, Sidney
Pauly.
COUNCIL STAFF: City Manager Robert Heinrich, City Attorney
Harlan Perbix, City Engineer Carl Jullie,
Clerk-Finance Director John Frane.
Invocation was given by Wolfgang Penzel.
Pledge of Allegiance.
i
Roll Call.
I. MINUTES:
----- r x
, 4
A. Minutes of the Adjourned Meeting held. September 280 1974. $
Corrections: N.
Page 2: III, A. point 3, delete- "$4.00" and insert
"35. 00" and - add 1184.00 each for written orders
of 50 or more copies. "
in the motion, insert "business" after "ten".
the last sentence should read: "and direct the
Mayor and the Staff to finalize the report and
obtain quotes on cost of publication and circulate
it in its current form among Council members."
III, B, 1 , delete "and table it" in motion.
Page 4: III, D, 4, delete.
complete the minutes with the following: "The
meeting was called to order again for the purpose
of discussing the 1975 Annual Budget. The
meeting was adjourned at 3: 10 PM. "
Motion by Pauly, seconded by Penzel, to approve the
minutes as corrected. Motion carried unanimously.
B. Minutes of the Regular Meeting held October 1 , 1974.
Corrections :
Page 3: III , B. para. 2, delete "favorable" and insert
"acceptable".
Page 5 : IV, B, 1 , add "for action" after "Planning
Commission".
Page 6: V, para. 2, delete "from Eden Prairie Road" and r
insert "along 169 from west City limits".
1
Motion by Penzel, seconded by Meyers, to approve the*
minutes as corrected. Motion carried unanimously.
- - J
2
I . MINUTES: (continued)
C. Minutes of the 1974 Special Assessment Hearings held
October 2, 1974.
:'lotion by Penzel, seconded by Meyers, to continue to
October 22 meeting. Motion carried unanimously.
II . PETITIONS, REQUESTS AND COMMUNICATIONS :
A. Letter from Suburban Public Health Nursing Service
dated October 1 , 1974.
The letter included a copy of their estimated budget
for 1975 and a sample resolution relating to participation
In the Suburban Hennepin County Nursing District at a
cost not to exceed 390 per capita based on last census.
Motion by Penzel , seconded by Pauly, to adopt Resolution
No. 904 relating to participation in the Suburban Nursing
District for 1975. On roll call , all votes were aye,
Motion carried unanimously.
B. Letter from Mrs. W. V. Reuss , 6923 Barberry Lane,
regarding dog control.
The letter was in protest to dog droppings on private
c property and horse droppings on public roads. The writer
suggested an ordinance similar to one recently adopted
by Bloomington City Council to help solve the problem.
Motion by Pauly, -seconded by Penzel, to receive and file
the letter from Mrs. Reuss. Motion carried unanimously.
III. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
A. Report of the Mayor.
1 . Discussion of members of the City Council serving as
members of advisory boards and commissions.
Mayor Osterholt said this discussion is due to
problems arising from members of Council serving
on Commissions and. problems of conflicting meeting
dates.
Penzel stated that while it is true they have many
meetings to attend he felt a need for the communication
that retains a direct liaison with Commission and
Council members and that cutting down attendance at
meetings would be a step backwards.
The Mayor said there was communication between Council
and * Commissions through the staff and through the
minutes.
i
. x
3
III . REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
` A. Report of the Mayor.
` 1 . (continued)
Penzel replied that the alternative of reading the
minutes exists now but even the most thorough minutes
do not relay the feelings and emotions of the people
on matters.
Meyers reminded the members that the concern was over
time committment and that changing of meeting dates
for the remainder of the year would test if this was
the concern. She added that the Council agenda has a
heading for her report from Planning Commission, that
the Council refers to the Commissions minutes for
action and that she is able to fill in other information
during discussion; the personal communication is needed
or the liaison is lost.
. i
Pauly suggested that if it was, a problem of time
liaison could be fulfilled by having' a spot on the
agenda and not being required to stay for the entire
meeting. tF
McCulloch said more persons should be involved and as
the City matures it would be better if Council could
be Council and Commissions be Commissions.
The Mayor agreed that the meeting conflict was resolved
and it was up to the members to see if they can attend
all the meetings.
Dick Lynch of the Planning Commission favors having
a member of the Council on the Commission to reflect
the feelings of the Council.
Norma Schee of the Planning Commission said the persons
serving on the advisory commissions are not complaining
about -the amount of time and effort spent on the
commissions , and that the benefits outweight the
adverses.
Motion- by Penzel , seconded by Pauly, to reconsider the
matter in January and to direct the staff to bring the
discussion back at the third meeting in January. ,
*Motion carried unanimously. !
B. Report of Park and Recreation Commission.
1 . Memo prepared by Marty J essen, Director of Community
Services, regarding; the Park and Recreation Commission' s
f action of September 9, dealing with the Commission' s
�` responsibility in the natural resources area.
4 -
III . REPORTS OF OFFICERS, BOARDS AND COMMISSIONS :
B. Report of Park and Recreation Commission.
1 . (continued)
Mr. Penzel reported that the Park and Recreation
Commission has been charged by the City Council with
responsibility in the natural resources area. The
Commission is requesting that the Council modify the
ordinance creating the Commission to include the
responsibility in the title of the Commission and
the functions of the Commission.
Motion by Penzel, seconded by Meyers, that the Council
direct the Director of Community Services to arrange
a meeting between the City Attorney and the Park and
Recreation Commission to delineate the responsibility
of the Commission in this area; and to prepare a
recommendation for changing the ordinance. Motion
carried unanimously.
C. Report of the City Engineer.
1 . Consider acceptance of street paving on East-West
Parkway within the "Lake Eden" plat.
}
A letter from Edenvale South, Inc. , dated October 4,
( 1974, offered a proposal to the City in regards to k
( 1 ) application for entrance permit by the City, 42
construction of street surfaces by Edenvale, and (3)
credits against future special assessment.
Motion by Meyers, seconded by Penzel, to accept
ownership and continuous maintenance of the street
improvements on East-West Parkway from T.H. 169 to
2,040 feet east subject to a one-year warranty bond
commencing October 8, 1974, and subject to the letter
from Edenvale South, Inc. , dated October 4, 1974,
as recommended by the City Engineer. Meyers, Penzel,
Pauly and Osterholt voted aye. McCulloch voted naye.
Motion carried.
2. Consider acceptance of street paving on those platted
public right-of-ways located within the Basswood Plat,
the Highpoint Plat and the Westwind Plat.
Motion by 'Pauly, seconded by Penzel , to accept street
paving on those platted public right-of-ways located
within the Basswood Plat, the Highpoint Plat and the
Westwind Plat subject to a one-year warranty bond
commencing October 89 1974, and correction of the
valley gutter settlements on Lake Fall Drive and
High Point Circle, as recommended by the City Engineer.
Motion carried unanimously.
- 5 -
III. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS:
C. Report of the City Engineer..
. 2. (continued)
a
Mayor Osterholt expressed concern over the names which
have been chosen for the streets in these plats , saying
that streets with similar names often cause confusion
and have been a hindrance in emergency cases.
The developer agreed that •they could be changed and
that he was open to suggestions.
Motion by Penzel, seconded by Meyers, that the Council
instruct the staff to work with the developer to obtain
a solution to the confusing street names and to bring
a report to the Council in 30 days. Motion carried
unanimously.
3. Continued consideration of Items 10 & 12 on Exhibit
"A" of Resolution No. 902 regarding reassessments for
New Town development.
Mr. Perbix referred to page 8 of the .minuted of the
1974 Special Assessment Hearing and asked that the
motion be reworded to conform- with his recommendation
( on item 10, that the Council adopt a resolution
relating to reassessment of MRS - 2 subtrunk (area
collector) sanitary sewer on a lateral benefit and
dwelling unit basis; and, on item 12, that no reassess-
ment be made of Mitchell Road improvements. The
motion would read: Motion by Penzel, seconded by Meyers,
to close the public hearing except as to items 10 and
12 of Exhibit "A" of Resolution No. 902 and that said
Resolution No. 902 be adopted with the following
changes: (a) date in para. 2 be changed to read January
1 , 1975 (b) items 10 and 12 of Exhibit "A" be deleted;
and, further, that tho public hearing as to said items
10 and 12 be continued until October 8, 1974, at 7: 30PM.
Motion by Penzel, seconded by McCulloch, to adopt
Resolution No. .07 .ref ating to reassessment of MRS - 2
subtrunk (area collector) sanitary sewer on a lateral
benefit and dwelling unit basis. (Res. 902, Exhibit
"A $ , item 10) Motion carried unanimously.
Motion by Fenzel , seconded by Meyers, that no reassess- °
ment be made of Mitchell Road improvements. (STR 72-3-
20, I. C. 51-247, Res. 902, Exhibit "A", item 12)
Motion carried unanimously. ! .
I
x
8
6 -
III. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS: (continued)
s
D. Report of City Manager.
Resolution appointing election judges. (not on agenda)
Motion by Penzel, seconded by McCulloch, to adopt
Resolution No. 906 appointing election judges for the
General Election and City Election, November 5, 1974. ry
Motion carried unanimrusly.
1 . Consideration of 1975 Annual Budget.
s
Motion by Penzel, econded by Pauly, to adopt
Resolution No. 9O51%pproving the 1975 Budget as i
amended. On roll call, all votes were aye. Motion
carried unanimously.
E. Report of Finance Director.
1 . Clerk' s License List. -
Motion by Penzel, seconded by Pauly, to approve
the license applications. Motion carried unanimously.
2. Payment of Claims Nos. 5084, ._5085 s and 5091-5166.
Motion by Penzel,' seconded t:y McCulloch, to approve
payment of claims Nos. 5084, 5085, and 5091-5166.
On roll call, all votes were aye. Motion carried
unanimously.
IV. NEW BUSINESS:
V. ADJOURNMENT:
Motion by McCulloch, seconded by Penzel, to adjourn this
meeting. Motion carried unanimously.
The meeting adjourned at 12:45 AM.
Ruth Lee, Deputy Clerk