City Council - 10/04/1983 ( APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 4, 1983 7: 30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel , Richard Anderson, Georg
Bentley, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jul lie, 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
INVOCATION: Councilman George Bentley .
PLEDGE OF ALLEGIANCE
ROLL CALL: all menbers were present
I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
l The following item was added to the Agenda : VIII. A. Civil Defense Ordinance.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other
Items of Business as published and amended. Motion carried unanimously.
II. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 1983
p. 14. para. 3_ , last line: add: Redpath concurred.
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the
City Council Meeting held Tuesday, September 20, 1983, as amended and published.
Motion carried unanimously.
III . CONSENT CALENDAR
A. Request for extension of 2nd Reading of Ordinance No. 82-16 and approval of
Develoker's Agreement for Bryant Lake Condominiums by Metram Properties
B. Set Public Hearing for street vacations in Ridgewood West Plat 3 for
November 1, 1983 at 7:30 .m. ~'
C. Request from Hockey Association (HASP)
D. 2nd Reading of Ordinance No. 46-83, Cable T.V. Rate Chan es
a,
y
City y0unc11 ""inutes -2- October 4, 1983
E. Final approval for Municipal_ Industrial DevelHment Bonds in the amount
of 3,785,000._00_ for Cif West Pusiness_ Center Resolutiun No. 83-241)
F. Clerk' s License List
G. Receive-petition for signal installation at wing Cloud Drive and Shady
Oak. Road and authorize reparation of,a feasibility report, I .C. 52-057
resolution No.83-243
H. Final _plat approval for Ridgewood blest Plat 3 (Resolution No. 83-244)
I . Final -lat approval for Riley Estates (Resolution No. 83-245)
J. 2nd�Reading of Ordinance No. 45-83, Zoning from Regional Commercial to
Regional Commercial Service and Resolution No. 83-249, Approving Siitee i
Plan for Montessori School . Location: County Road 60 and Market Place
Drive.
MOTION: Redpath moved, seconded by Bentley, to adopt items A - J on the
Consent Calendar. Motion carried unanimously. f
MOTION: Bentley moved, seconded by Anderson, to direct the Parks , Recre-
ation & Natural Resources Commission to make operational decisions regarding
the use of the Community Center unless the scope is such that the Commission
deems it necessary to have action taken by the. City Council . Motion carried
unanimously.
IV. PUBLIC HEARINGS
A. 1983 SPECIAL ASSESSMENT HEARING (Resolution No, 83-208) - continued from
Sepfe'mber 20, 1983
City Manager Jullie referred to City Attorney Pauly's memorandum of Septem-
ber 28, 1983, in which the implications of the defect in the hearing notice
were discussed. Jullie explained the Procedure to be used in tonight's
hearing.
Penzel asked Pauly to summarize his memo so it might be a part of the record.
Pauly said the original notice of the hearing indicated that interested prop-
erty owners would have 20 days from the date of the adoption of the assessment
to appeal to the District Court rather than the 30 days which is provided by
the Statute. The question presented was whether that error in the original
notice would make all of the proceedings held pursuant to the or-iginal notice
void rather than voidable. He said he had reviewed case law on this subject
and other authorities and, in his memo, had pointed out the general rule
followed by a number of Courts is that if there is substantial compliance,
a defect in the notice requirements will not necessarily invalidate the .
proceedings subject to someone showing proof of actual harm or being pre-
judiced by that error. He said he felt a defect in the notice would not
void all these proceedings.
Director of Public Works Dietz reviewed individual project parcels which
had been continued from September 20, 1983.