City Council - 05/04/1976 APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL_
TUESDAY, MAY 4 , 1976 7.30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel
Billy Bye a
d
Joan Meyers
Tim Pierce 3
Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad
City Attorney Ilarlan Perbix
City Engineer Carl jullie
Director of Community Services Marty lessen '
Finance Director John Frane
Joyce Provo, Recording Secretary
INVOCATION - Harlan Perbix, City Attorney
ROLL CALL: All members present. (Bye arrived at meeting at 7:50 PM)
I. APPROVAL OF AGENDA AND OTHER ITMIVAS O_ F BUSINFSS
- The following items were requested to be added to the Council agenda under
the "New F{usincss" category:
A. I-lcmc-o- n&r's Assoc iatioils
B. AonoiW-n r>nt of I3L,n-urt Rights Corn-mission mc-rnber.
C. Question of_l'►lj!r. -ase
D. Association of )Vi .trr�,�olit:,n Murtici �alifies_meetin
E. I\4e--tino sc)',eduled for Ma_y 12, 1976 in Robbinsdale for municipal
G. Fdcnar to prop o-zal, i
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MOTION: Micyers moved , seconded by Pauly , to approve the agenda with
the inclusion of the 7 afore mentioned items . Motion carried unanimously.
II. PU LIC HEhl-UNG
A. Proposed I,ituminons surfacing on Staring Lane and Rime Road, 1. C. 51-287 .
Mayor Penzel outlined the procedures for public hearings.
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A. Proposed bituminous surf,scin_g on Staring Lane and Ridge Road ,
I . C . 51-287 . (Continued)
City Manager Ulstad explained that an affidavit of publication is on file and.
the public hearing was called for as a result of a petition received
March 24, 1976 signed by property owners requesting this improvement.
City Engineer jullie outlined alternatives for Council' s consideration:
1 . Double seal coating application over 3"
crushed Blacktop base. . . . . . . . . Cost $425. 00 per lot
2 . Paver-laid 2" bituminous matt . Cost $700.00 per lot
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3 . City staff prepare subgrade and place
recycled blacktop base, Cost $390.00 per lot r
4 . Seal coat only . _ Cost $270 . 00 per lot
The following property owners appeared in opposition to this
improvement: Mrs . Roy Jaszczak, 15081 Ridge Road, Doug Olson ,
9030 Staring Lane , Gerald Schwankl, 9090 W. Staring Lane , Jim
Peterson, 9161 E . Staring Lane , Floyd Olson,15130 Ridge Road,
Donna Vasiliades , 9190 W. Staring Lane , Mrs . Ron Ostman, 15080
Ridge- Road. in reasons for opposition were cost and the fact
that th-e road vrould ha vr• to be dug up when s--ever and water come
through the area .
Doug Olson presr nted a petition to the Council noting that 85 . 7% of
the peoiAe in the affected urea signed the petition in opposition to this
izr�l.� v :- rnr�nt. (Petition attachad as part of minutes) .
City Engineer Jullie erpla ined that Staring Lane and Ridge Road would
be oiled once a year, and if the residents desired more treatments
It would be at their own expense .
Nllayor Perizel noted the lettem,received from Eugcne and Margaret Pexa ,
9031 'W. Staring Lane , and IAr. & Mrs . Tim Banker, 15060 Ridge Road ,
and requested these he entered into the record .
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MOTION : Eye moved , seconded by Meyers , to deny approval of I. C. 51-287
for bituminous surfacing on Staring Lane and Ridge Road. Motion carried
unanimously.
3 - Tuesday, May 4, 1976 "-
III. ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 322 , rezoninq properties surrounding
County Road 9 and T .H . 5 to Planned Stud
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MOTION: Meyers moved , seconded by Pauly, to approve the 2nd
reading of Ordinance No. 322 , rezoning properties surrounding County a
Read 4 and T. H. 5 to Planned Study. Motion carried unanimously. y
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B. Resolutions No. 1129 and No . 1130 for correction of recorded utility11
e_a s enients , I. C. 51-269 .
MOTION: 'v:eycrs moved , seconded by Pierce, to adopt Resolution
No . 1129 , correcLi ng recorded utility easement on Scroggins property.
Motion carried unanimously.
MOTION: Pierce moved, seconded by Meyers , to adopt Resolution No. 1130,
correcting recorded utility easement on Loren Irvine property. Motion
carried unanimously.
IV. PETITIONS R-EQUESTS & COMMUNICATIONS
A. Reauast from the Ho_okins I%AinnetonkaZI: _� of Women
_' cu
Voters for a ceritribution from the Cite to help s cnsor "Town Meeting"
} d held May 1, 1976_
City 1,1janager Ulstad er-plair,ed he had talked to Mrs . Dietz , coordinator
of rc i sing funds for the "Town N1 eeting" day from the League of Women
Voters. Mrs . Dietz c=lained that at the present three all of the bills
Have not been rc c<:ived so it is hard to say whether there is a shortage
of funos . The Ric nt:!nn al Cornrnittce has contributed $150 . 00 toward
this event.
M0'110N: Meyers moved , seconded by Bye, to authorize expenditures
of up to $200 . 00 to help defray the cost of the "Town Meeting" day held
May 1, 1976 . Roll Call Vote: Meyers , Bye, Pauly, Pierce and Penzel
voted "aye" . Motion carried unanimously.
V. REPORTS OF OFFICERS , BOARDS & COMMISSIONS
A. Reports of Council members .
1 , Councilman Pierce reported on the Parks , Recreation & Natural:
Resources Commission meeting held Monday, May 3, 1976.
2 . Councilwoman Meyers -reported on the'Town Meeting" day held
( May 1st sponsored by the League of 'Women Voters .
e• 3 . Councilwoman Pauly reported on the Planning Commission meeting
held April 26 , 1976 .
Council Ii1inutes - 4 - 1'LIL: Ci�iy , ;,."_
B. RPnort of Director of Community Services _
1 . Tax forfeited property at West�a,te
Director of Community Services Jessen explained that he met
Thursday , April 29, v:rith some of the neighbors from the Westgate
area regarding their interest in turning this tax forfeited piece of
properly into a mini park . Mr. & Mrs . Flavin also attended
the neighborhood rneeting and led a discussion on their experiences
with Sterling, Field, which is a mini park in their neighborhood.
Mr. Jessen further stE:ted that tine general reaction at this point s
is that thzre just ar`n't enough people in the area interested In
this property being harried into a mini park . Concerns seem �
to be: 1) Too small an area , 2) Round Lake lies across the road,
and 3) haw would it affect the immediate adjoining two houses.
Wes Johnson , 7481 Westgate Lane, verified Mr. lessen's remarks.
MOTIOhT: Bye moved , seconded by Pierce , to adopt Resolution
'No . 1121 approving the sale of the tax forfeited property at Westgate
by Hennepin County. Motion carried unanimously.
VI . NE-V! BUSIITLSS
A. Hoinoo•%?ner's Assoc aflorls
R/r. Ulstad c.-pIaiin--d thhat %ve do h:ve a lot of in;ornnation regarding
Hornoe�t,=her' s i'�.ssociations, but that this info,=;iatiorl has not been
rcvie.,Jed by Commissions or Cour•cil . QuestioriCd if the Council would
appreciate tl,o Planning Com.,misslon and Parks , Recreation & Natural
Resources Couimission taking a look at this and then bring it before the
Council .
Joel Fleiscl-:e.r, 8793 Basswood , -The Preserve , expressed his concern
regarding any future action on Homeowner's Associations, --specially
pertaining to existing Homeowner' s Associations .
MOTION: Bye moved , seconded by Pierce, to refer this matter to the
Planning Commission and Parks, Recreation Natural Resources Commission
for consideration and recommendation as to process to be used.
Jvlotion carried unanimously.
B. Hpl�cintr:nent of I3iima:n Riglnts Commission member.
Mayor Penzel recommended Michael Dardis to be considered as a member to
serve on the IIuman Rights Commission.
MOTION: fierce moved , seconded by Bye, to appoint Michael Dardis as
a member to the Human Rights Commission. Motion carried unanimously.
Council l".inutus - 5 -- '1'ucsc;uy, i'.iLsy -1 , i`.J / u
g
C. uestion of Library
site Lease i
't. �._-- o n -- i
r further report will be submitted to the City Council on this item
within a imonth .
D. Association of M etr000litan Municipalities meeting.
Mayor Penzel rem:r:ded the Council of the Association of Metropolitan
Municipal hies anrILI-31 rnneting to be held May 19th at the Golden
Valley House . Ure.cd Council members to attend .
s
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E . IV!eetir, 1 scl,edLllCd far hf 12 1976 in Robbinsdale for municipal
officiaiw_
Tv:ayor Per. eel announced them would be a meeting at the Robbinsdale
"Civic C,-nter" for municipal officials on May 12th. -
F . Sicrn Orriinance review
City Ma,i.ager Ulstad explained that the Planning Commission will
L;e discuss incx the Sign Ordinance at their next regular meeting.
». G. 17denoate i:)rc,i_ sal
Thn f0ll0v.7ing Motions were made by Council members:
MOTION: Tvie-y ers moved, seconded by Pauly , that the City Clerk be
instructed to return to Gerald Pautz and R . F. Pautz, President of
POLItz-Franklin Realty , the application of Eden Prairie Townhouse
Company raat:�d February 11, 1975 on the grritinds that the commercial
Lur;iness name, Eden Prairie Townhouse Company , has not been filed
in the office of the Clerk of the District Court of Hennepin County and a
certificate c : .ecuted and published in accordance with the provisions of
fic�-ction 313 . 01 , Minnesota Statutes . This shall be without prejudice to
the filing of an application in compliance with Minnesota Statutes and the
Zoning Ordinance of the City of Eden Prairie : ilotion carried unanimously.
MOTION: Bye moved , seconded by Meyers , since the application of Gerald
B . PaUt2 and Pautz-Franklin Realty Company doing business as Eden Prairie
'Townhouse Company dated March 19 , 1976 and filed March 22 , 1976
"is rnade as an alternate only to applicant' s previous application to develop
the site with 20G too.,nhouses . This application does not replace or {
constitute .?withdrawal of said previous application , which application shall
remain in full force and c•ifect. " , the planning commission is instructed
to defer any further action on said application of March 19 , 1976 until the
ahplicantr have filed an application in compliance with the Statutes of the
State of 1V i nnesota and the Ordinances of the City of Eden Prairie "to develop
the site with 20G townhouses . " Motion carried unanimously.
Council Riitiutes - 6 - uc'sday, ;�iu}° •� , 1�� �
! VII. ADJOURNMENT
t MOTION: Bye moved , seconded by Penzei, to adjourn the meeting at
9:10 PN,. Motion carried unanimously.
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May A. , 1976
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