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City Council - 02/15/1977 APPROVED MINUTES r EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 15, 1977 7:00 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Dave Osterholt Sidney Pauly COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Harlan Perbix; City Engineer Carl Jullie; Joyce Provo, Recording Secretary k INVOCATION: Reverend Gerald Udstuen i Eden Prairie Presbyterian Church ROLL CALL : Bye, Meyers, Pauly and Penzel present; Osterholt absent. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "N'e:i Business" category: C A. Discussior, of r,;emo sLLmitted by City cneineer Jullie regard , "Pr000sed Largo _Di v'i s i cns in Pura i Zor_�_rc Districts" B. t'..innesota _River Br-idUe_Crossing C. Increase of Eden _Prairie's Block Grant from Hennepin Count U. Interstate Comrarce Corpission e_tition re ag rdina trucking and`_freight._rates MOTION: Meyers moved , seconded by Bye, to approve the agenda as amended ' and publishej. Notion carried unanimously. i II . HINU•,ES OF THE COUtdCIL MEETING HELD TUESDAY, FEBRUARY 1 , 1977 Pg. 7, para. 7, 5th line, strike "vast" . ` i MOTION: Pauly moved, seconded by Meyers , to approve the minutes of the Council meeting held Tuesday, February 1 , 1977 , as amended and published. Motion carried unanimously. I III . PUBLIC HEARINGS ' A. Sanitary_ Sewer and Waterma i n Improvements on Heritage Road, I .C. ' 51 -29J. City Engineer Jullie spoke to his memo dated February 11 , 1977 and recommended adoption of Resolution No. 1220. ± : ; A. Sanitary Sewer and. Waterma ir, Iiii rovements on Heritage Road, I .C. 51-290. continued �" Mike Boen , 7760 Heritage Road, explained that he knew the meeting did take place between some of the property owners and City Engineer Jullie, but did not know which property owners were in attendance. He further stated he was not one of the property owners which attended this meeting , and that a couple of the other owners were out of town and have not had a chance to review the offer as proposed. Mr. Westlake, 7710 Heritage Road, expressed his appreciation to the staff for setting up the aforementioned meeting, but that he was just informed of Mr. Eliason's offer of $200 per lot credit against the special assessments and has not had a chance to review the offer in detail . City Engineer Jullie stated that the meeting he had was with Mr. & Mrs. 'Fred Boller and Mr. Westlake, and that discussion took place regarding the general terms of what might be proposed, that being somewhere between $100.00 to $200.00 per lot. The residents at that time did not have a specific proposal . After the meeting Mr. Jullie called Mr. Eliason and suggested he consider $200.00 per lot credit against the special assessments for Lots 3, 4 and 5, Block 1 , and Lots 7 , a and 9, Block 4, Heritage Park 1st Addition as a reasonable compromise. Jullie further explained that he did not get back to Mr. Westlake with the specific $200. 00 per lot amount Mr. Eliason and Mr. Marco Jones would be willing to absorb. Bye commended City Engineer Jullie for interceding between the two g' groups and felt he had dcne an admirable job. However, in lieu of the fact that all residents were not aware of the offer, the following motion was made: ' MOTION: Bye moved, seconded by Pauly, to continue the Public Hearing for Sanitary Sewer and Watermain Improvements on Heritage Road, I . C. 51-290 to March 1 , 1977. Motion carried unanimously. B. Vacation of Earl_ Drive plus the drainage and utility easements in the Topview Acres 1st Addition City Engineer Jullie recommended approval of Resolution No. 77-20, vacating Earl Drive and Drainage and Utility Easements in Topview Acres 1st Addition. Bailey Seida, consulting engineer for Stewart Properties, encouraged the Council to adopt Resolution No. 77-20, so the Stewart Highlands project could begin. MOTION: Meyers moved, seconded by Bye, to close the Public Hearing and adopt Resolution No. 77-20, vacating Earl Drive and Drainage and and Utility Easements in Topview Acres 1st Addition. Motion carried unanimously. Tues. ,February 15, J- _ 6 4 b IV. PETITIONS, REQUESTS & COMMUNICATIONS k A. Request to set a Public Hearing for Garrison Forest Subdivision in The Preserve Acting City Manager Frane explained that the Planning Commission at their meeting held February 14, 1977 did make a recommendation to the Council so it is possible to hold a Public Hearing for this project on March I . MOTION: Bye moved, seconded by Meyers , to set March 1 . 1977 as the Public Hearing date for Garrison Forest Subdivision in The Preserve. x Motion carried unanimously. V. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 338, creating a Community Based Services Board to assist all supervised residential programs or social rehabilitation programs ; Council members reviewed Ordinance No. 338 and suggested various changes. MOTION: Bye moved, seconded by Meyers, to incorporate changes made by Council members into Ordinance No . 338, and then refer same to the Human Rights Commission for their review and recommendations before the Council considers' a lst Reading. Motion carried unanimously. B. 2nd Readinq of Ordinance No . 354, Stewart Hi0lands, approving the request for St_ewa_r_t Pro, L es to rezone Topview Acres lst Addition from Rural to RM 6. 5 for single familyand/or double bungalow dwellings and rezoninq a reement _ City Engineer Jullie recommended approval of Ordinance No. 354, and recommended one change in the rezoning agreement on page 2, item 2, to read as follows : "That prior to final plat aooroval the advisability of a left turn by-pass lane shall be investigated along the north side of County Road 60. " MOTION: Meyers moved, seconded by Bye, to approve the 2nd Reading of Ordinance No. 354 , approving the request for Stewart Properties to rezone Topview Acres lst Addition from Rural to RM 6. 5 for single family and/or double bungalow dwellings, and also to approve the rezoning agreement with the amendment outlined by City Engineer Jull ie. Motion carried unanimously. VI . REPORTS OF OFFICERS , BOARDS & COMMISSIONS A. Reports of Council members Councilwoman Pauly reported on the Planning Commission meeting held Monday, February 14, 1977. . , k f3. Report of Acting City Manager 1 . Preliminary Review of 1977-78 Council Objectives Acting City Manager Frane explained that the list sent to Council members is a composite of items submitted by Council members and that staff input has not been included yet. Bye suggested that no action be taken until input has been received from staff. Council members agreed with this suggestion. 2. Board of Review Meeting MOTION: Meyers moved, seconded by Bye, to set the Board of Review Meeting for May 12, 1977, 7:00 PM, at the Eden Prairie City Hall . Motion carried unanimously. C. Report of Director of Community Services 1. Raze property appraisal Acting City Manager Frane spoke to memo from Director of _ Community Services Jessen dated February 11 , 1977. MOTION: Bye moved, seconded by Meyers , to receive and file memo from tarty Jessen dated February 11 , 1977. Motion carried unanimously. 2. Appointment of an Assistant 1•leed Inspector Mayor Penzel recommended 1•:esl ey Dunsmore be appointed to Assistant Weed Inspector. MOTION: Bye moved, seconded by Pauly, to appoint Wesley Dunsmore as Assistant Weed Inspector. Motion carried unanimously. 3. Discussion of the Joint School/Park site at Round Lake City Attorney Perbix spoke to his memo dated February 15. Acting City Manager Frane explained that in order to qualify for the grant money we must draw a line on the map showing the land that the City has bought with the LAWCON money. Council directed staff to prepare a recommendation which would fall in line with the 80 foot right-of-way. D. Report of City Engineer 1. Final Plat approval for Stewart Highlands Acting City Manager Frane recommended approval of the �Fina7 Plat for Stewart Highlands. t �. i 1. Final flat <�; ��,a_c�� ."il for Stewart Highlands (continued) MOTION: Rye moved, seconded by Pauly, to adopt Resolution No. t, 77-21, approving the Final Plat of Stewart Highlands subject to City Engineer' s Report dated January 27, 1977. Motion carried unanimously. 2. Receive 100% petition, order improvements and preparation of plans and specifications for utility and street improvements in Stewart Highlands i MOTION: Pauly moved, seconded by Bye, to adopt Resolution No. 77-22, receiving 100% petition, ordering improvements and preparation of plans and specifications for public improvements f in the plat of Stewart Highlands, I . C. 51-299. Motion carried unanimously. 3. Approve plans and specifications and order advertisement for bids for T. H. 169 improvements from I-494 to 1/4 mile South of Schooner Boulevard, I . C. 51 -269 City Engineer Jullie recommended approval of Resolution I No. 77-23. 3 MOT ON: Meyers moved, seconded by Pauly, to adopt Resolution No. 77-23, approving plans and specifications and ordering advertisement for bids for I .C. 51-266. Motion carried r ` unanimously. C 4. Annual agreement with Rieke, Carroll , Muller Associates } Inc. , for consulting engineering services = City Engineer Jullie spoke to leis memo dated February 11 , 1977 and recommended the Council enter into an Engineering Services 4 Agreement with RCM Associates for 1977. MOTION: Meyers moved, seconded by Pauly, that the Council authorize the Mayor and City Manager to enter into an Engineering Services Agreement with RCM Associates for 1977. Motion carried unanimously. E. Rport of Finance Director 1 . Pay�ient of Claims Nos. 9738 - 9850 MOTION : Bye moved, seconded by Meyers , to approve Payment of Claims Nos. 9738 - 9850. Bye, Meyers , Pauly and Penzel voted "aye" . Mlotion carried. VI I . NEW BUSINESS A. Discussion of memo submitted by City Engineer Jullie regarding / "Propc)sed Land Divisions in Rural Zoning Districts" City Engineer Jullie spoke to his memo dated February 11 , 1977. and requested Council to concur or otherwise indicate how the City should process h land divisions in rural areas. �. 6 ,F4brjary� 15, I i77 A. Discussion of memo submitted by City Engineer Jullie re ardin $'Proposed Land Divisions in Rural Zoning Districts" continued Mr. Torjesen, 6605 Rowland Road, spoke to his land division request. Response to City Engineer Jullie's memo was favorable by Council members. except Meyers felt item 1 was too broad. Meyers requested that the Board of Appeals & Adjustments have a chance to review City Engineer Jullie's memo at their meeting to be held Thursday,February 17, 1977. Council members agreed with this request. B. Minnesota River Bridge Crossing Mayor Penzel brought the Council up-to-date on the acticns of the Minnesota River Valley Bridges Ad Hoc Committee. C. Increase of Eden Prairie's Block Grant from Hennepin County Mayor Penzel spoke to memo from Hennepin County dated February 3, 1977 notifying the City that the Block Grant has been increased and it is necessary for the Council to adopt a Resolution pertaining to same. MOTION: Bye moved, seconded by Meyers , to adopt Resolution No. 77-25, amending Resolution No. 77-9 approving the Community Development Plan and Program. Motion carried unanimously. D. Interstate Commerce Commission petition regarding trucking and freight rates City Attorney Perbix spoke to Petition to the Interstate Commerce Commission and his communication to Roy Terwilliger, President of the Eden Prairie Chamber of Commerce dated February 15, 1977. Perbix explained that the Chamber has been active in this and might want to oppose the petition. VI I I .ACJOURNl;EN'T 14071014: Bye moved, seconded by Pauly, to adjourn the meeting at 8:45 PM. P4otion carried unanimously.