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City Council - 12/29/1970 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL f Tuesday, December 29, 1970 7:30 P. M. , Village Hall Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt, u Redpath, Lieb. Also present were Village Manager George C. Hite and Village Attorney Harlan Perbix. Mayor Osterholt was not present at the beginning of the meeting. Acting Mayor Ralph Nesbitt presided. I. MINUTES OF NOVEMBER 24, and DECEMBER 8, 1970 The Minutes of November 24 were approved without correction. The Minutes of December 8th were approved following the addition of the , following motion to agenda item III, d) . "Mr. Lieb moved the adoption of Resolution No. 385 , a resolution establishing wages and benefits for Village employees for the year 1971. Mr. Nesbitt seconded. On roll call, all voted aye. Motioz carried." IT. PETITIONS, REQUESTS AND COMMUNICATIONS e� A. Minnesota Highway Department, Approval of Final Plans for r T. H. 169 County Road 18 to 494 . The Manager reported that the Highway Department was prepared to receive bids for this con- struction in January 1971. He advised that the construction plans conform to the previously approved preliminary plans. Mr. Redpath moved the adoption of Resolution No. 386, a resolution approving the final plans for the Trunk Highway 169 construction . Mr. Lieb seconded. All voted aye. Motion carried . k B. Cleon Hilden, Property Division. 14301 West 62nd St. Resolution No. 387 The Manager presented the request of Mr. Cleon Hilden M, to divide his property into two parcels. The smaller parcel would contain 1. 32 acres . The land is zoned I-2Park. The Manager reported that Mr. Hilden had requested a variance from the Board of Appeals for an industrial lot of less than 2 acres and that the request had been approved. Mr. Redpath moved the adoption of Resolution No. 387, a resolution approving the division of Parcel 3610 , Plat 56709. Mr. Haugen seconded. All voted aye . Motion carried. C. Suburban Rate Authority. Designation of Director and Alternate Director. Resolution No. 388 . Mr. Lieb moved the adoption of Resolution No. 388 , a resolution designating the Village Manager as Director and Councilman Redpath as Alternate Director to the { Suburban Rate Authority. Mr. Redpath seconded. All voted aye. �{ Motion carried. y Council Minutes December 29, 1970 Page 2 III. RECOMMENDATIONS AND REPORTS A. 1971 License Applications . Mr. Redpath moved that the 1971 license applications listed on the Clerk's report dated December 29 , 1970 be approved. Mr. Haugen seconded. All voted aye. Motion carried. B. The Preserve First Addition. Development Agreement. The Manager reported that he had reviewed the proposed agreement with Mayor Osterholt. He recommended that Item Final Plat Approval , on page 16 be deleted. Mr. Lieb moved that the Mayor and Manager be authorized on behalf of the Village Council to enter into the Developers Agreement, dated December 8, 1970 for the Preserve First Addition subject to the deletion of Item d, Final Plat Approval, on page 16. Mr. Redpath seconded. All voted aye. Motion carried. Mayor Osterhotl joined the meeting at this time. C. Park Property Purchases ` 1. Henry Kopesky Property. Anderson Lake Parcel 4. The Village Manager reported that the Village had secured the necessary LAWCON committments on parcel 4 and recommended that the Council authorize the exercising of the option to purchase the parcel for $80 , 000. He noted that the $2 ,000 in earnest money would be applied against the pur chase price. The Village Attorney reviewed the terms of the proposed purchase contract. Mr. Redpath moved that the Mayor and Manager be authorized to enter into the proposed contract for the purchase of the Henry Kopesky property on Anderson Lane. Mayor Osterholt seconded. On roll call, all voted aye. Motion carried. 2 . L.J. Flesher Tr. Property. Staring Lake, Parcel 2 . The Manager reported that the Village had also secured appropriate LAWCON committments for parcel 2 and recommended that the property be pur- chased from Mr. Flesher for $27 ,000 . He noted that the property had an area of about 5. 8 acres and furnished the Council with an outside appraisal on the property which placed its value at $29,750 . Mr. Redpath moved that the Council authorize the purchase of the L.j. Flesher Jr. property on Staring Lake at the cost of $27 , 000. Mr. Lieb seconded. On roll call, all voted aye. Motion carried. D. Sale of Beer on Park Property. Resolution No. 390 . The Council reviewed the Park Commission's recommendation that the Council authorize the sale of 3. 2 Beer on Village park properties subject to the regulations set forth in the Commission's December 14, 1970 report. Mayor Osterholt moved the adoption of Resolution No. 390 , a resolution authorizing and regulating the sale of 3.2 Beer on Village park property. n He asked that the resolution incorporate the nine regulations recommended by the Commission in its December 14th report and that the fee for the required permit be established at $10 .00 per day. Mr. Redpath seconded the motion. All voted aye. Motion carried. Council Minutes December 29, 1970 Page 3 ,t E. Uniform Snowmobile Ordinance . The Manager presented a proposed uniform snowmobile ordinance which had been prepared by a committee of the Hennepin County League of Municipalities. He also presented a report prepared by the Village's Recreation Director comparing the proposed ordinance and the Village' s existing snowmobile ordinance. The Manager noted that the proposed ordinance had been prepared in the hope that there could be some uniformity in the regulations adopted by Hennepin County municipalities for regulating snowmobiling. The Council asked that the proposal be placed on the January 12 , 1971 agenda. F. Designation of Snowmobile Areas. Lease of Eden Prairit.: Golf Course. The Manager noted that the Village' s existing snowmobile ordinance contained a provision whereby the Council could designate certain public lands as snowmobiling arias. He recommended that the Council designate that portion of Round Lake Park lying north of Valley View Road extended as a snowmobiling area. Mayor Osterholt moved that the Council designate the area recommended by the Manager as a public snowmobiling area. Mr. Lieb seconded. All voted aye. The Manager advised that it Would be possible for the Village to lease the Eden Prairie Golf Course from the Eden Land Corporation for the purpose of establishing thereon a public snowmobile area. He estimated that the cost of the insurance to cover such an operation would be approximately $150. He further reported that the Eden Prairie snow- f mobile clubs had agreed to see that the golf course greens were property protected and would assist in patrolling the area. He said that he , felt the lease would represent an unusual opportunity for the Village to make available a significant area for snowmobiling at a nominal cost and recommended that the lease be authorized. Mr. Redpath moved that the Manager be authorized to negotiate for the lease and to report on the matter at the next council meeting f Mr. Haugen seconded. Mayor Osterholt said that he did not think this was an appropriate action for the Village to take and that he was concerned about the precedent involved in the proposal and that the Village might anticipate other special recreational interest groups requesting Village assistance in their activities . Mr. Haugen said that it would be difficult for a private individual or club to secure , the necessary insurance to support such a lease and that he felt that snowmobiling was such an important recreational activity for many Eden Prairie residents that the action could be considered to be in the public interest. j On roll call, Messrs. Redpath, Haugen, and Lieb voted aye. Messrs. Osterholt, and Nesbitt voted no. Motion carried . Council Minutes December 29, 1970 Page 4 G. 1971 Animal Control Contract. The Manager recommended that the Council authorize a proposed new contract with Tonka Kennels, Inc. for animal control services during 1971. He noted that the rates contained within the proposed contract were approximately 5% higher than the rate in effect in 1969 and 1970 . He also advised that the schedule of the animal warden had been adjusted so that he would be in Eden Prairie at least one hour every day. He said that he felt that the new schedule would improve animal control service although the total number of hours in the year wat Id be less. Mayor Osterholt moved that the Council authorize the proposed 1971 animal control contract with Tonka t Kennels. Mr. Haugen seconded. On roll call, all voted aye. Motion carried. r t H. Appointment of Treasurer. The Manager reported that he had appointed Mr. John Frane as Village Treasurer effective January 1, 1971. I. Kings Forest Property Restrictions . The Manager advised that the Department of Housing and Urban Development had requested that additional restrictions be placed on the Village's Kings Forest Park site property preventing its sale without the consent of HUD. A HUD Open Space Grant was assisting in the cost of acquiring the property. ` Mr. Lieb moved that the Mayor and Manager be authorized to sign the proposed "no sale" restriction. Mr. Haugen seconded. All voted aye. Motion carried. Mr. Redpath was excused from the meeting at this time. J. 1971 Public Improvement Program and Bond Sale. The Manager presented a proposed 1971 public improvement program and Bond Sale Schedule. He noted that the proposed improvements consisted of trunk sanitary sewers, trunk watermains, and water supply, treatment and storage facilities. He asked that the Council review the material and indicated that he would be recommending at a January meeting that a bond issue in the amount of $1, 950 .000 be authorized for February, 1971. P I K. Kings Forest Ice Rink Mr. Haugen asked that the Village flood a small skating area on the Kings Forest Park site. The Manager reported that ice skating facilities had been budgeted for this location for the winter of 1971-72 . The Council concurred in Mr. Haugen's suggestion and directed that the Village install and flood a skating area on the Kings Forest Site and that the maintenance of the rink was to be the responsibility of the residents in the area. IV. FINANCES A. Audit of Claims 8274 through 8343 . Mayor Osterholt moved that claims 8274 through 8343 be authorized for payment. Mr. Haugen seconded. On roll call, all voted aye. Motion carried. Council Minutes December 29, 1970 Page 4 B. 1970 Appropriation Review & Adjustments. Resolution No. 389. The Manager reported that State law required that the Council make appropriate budget adjustments during the year so that actual appropriation expend- 3tures would not exceed those budgeted. He presented and recommended the adoption of Resolution No. 389, a resolution transferring certain unencumbered 1970 appropriation balances authorizing a cash transfer from the Village Poor Fund to the General Fund. He not ed that the recommended General Fund adjustments totaled $18, 100 . The transfer from the Poor Fund would be sufficient to cover the Village's General Fund expenditures for poor relief and nursing services. Mr. Haugen moved the adoption of the recommended Resolution No. 389. Mr. Lieb seconded. On roll call, all voted aye. Motion carried. The Manager reported that on the basis of an analysis completed on December 28, 1970 , the Village's December 31, 1970 General Fund surplus of $114 , 500 would be reduced by approximately $6,900 or to $107, 600 by December 31, 1971. He noted that the Village was accounting for all revenues on cash basis and all expenditures on an accrual basis. The meeting adjourned at 9:10 p.m. Edna M. Holmgren, CleYk I