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City Council - 08/10/1976 P y 1:1': POVEL) MIA,!uZ'LS : W EDlLT,' !VhIPIL CITY CC'UNCIL �CESDAY, AUGUST 10, 1976 7:30 PM , CITY HALL ;. COUNCIL MEMBERS: Mayor Wolfgang Penzel � A Billy Bye Joan Meyers Tim Pi erce Sidney Pauly COUNCIL STAFF PRESENT: City Manager Roger Ulstad City Attorney Harlan Perbix ; City Engineer Carl Julli e Director of Community Services Marty Jessen Recording Secretary Joyce Provo i INVOCATION: ZNrilliur Bonner, Resident of Eden Prairie t PLEDGF. OF AT LEGIAN CE F<OLL CALL: Meyers , Pierce and Penzel present; Bye and Pauly absent. APPROVAL OF ;'GEN DA Ar:r OTHER ITETAS OF BUSINESS The following items were requested to be added to the agenda under the "New Business" category: A. Discussion on intersection of County Road 1 and T• H• 169 . B. Con-imunication from Be�_'ohr.son relative to establishing August 31 , 1976 as the date for the forurn to identif}, public health needs and priorities . for Eden Prairie . MOTION: Meyers moved, seconded by.Pierce, to approve the agenda as corrected and pul,;i shed . Motion carried unanimously. II A.4INUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, JULY 27 , 1976 . Pg. 2 , para . 4 , last line, strike "to" . 1 Pg . 7 , 2nd para . , 2nd­line , strike "structure " and insert "proposal, among which were change in parkirig location to a street exposure , character of the structure from multi-roof lire approach to a monolithic apartment block, and elimination of sight access to Neill Lake from TTaill Lake Road" . r MOTION: Pierce moved .. seconded by Penzel, to approve the minutes of the Council meeting held July 27 , 1976 as published and corrected . Pierce and Penzel voted "aye" , Neyers abstained. Motion carried_ i ( A. 2nd Rcadin;nof Ordin,-)nce No . 298 , Olympic Hills , re�:c_:;�Inn from Rural to � RM 2 . 5. _ Don McGlynn and Mike Adams , Olympic Hills, answered questions of Council members.' , As a rezoning request requires 4 affirmative votes and there being only tt� 3 Council members present, the following motion was made: i MOTION: Pierce moved, seconded by Meyers , to continue this rezoning request ` to the August 24 , 1976 Council meeting . Motion carried unanimously. i B. 2nd Reading of Ordinance No . 304 , rezoning for Olympic Hills from Rural to RM 6 . 5 . = a As a rezoning request requires 4 affirmative votes and there being only 3 Council members present, the following motion was made: MOTION: Pierce moved , seconded by Meyers , to continue this rezoning request { to the August 24 , 1976 Council meeting. Motion carried unanimously. C. Ist Reading of Ordinance No. 339, relating to the reculatinct of certain # businesses and issuing license by the City of Eden Prairie and amending Ordinance No . 3. Council members directed the City Attorney to make several changes in Ordinance No . 339 by the 2nd reading. MOTION: Meyers moved , seconded by Pierce , to approve the 1st Reading t of Ordinance No . 339, relating to the regulating of certain businesses and issuing. license by the City of Eden Prairie and amending Ordinance No. 3. Motion carried , urarirnously. IV. REPORTS OF OFFICERS , BOARDS & COMMISSIONS A . Reports of Council members 1 No reports . i B. Report of City Manager , r No report. C . Report of City Engineer 1 . Consider bids received for street Improvements on Preserve Boulevard i. and Anderson Lakes Parkway, I. C. 51-282 . City Engineer Jullio spoke to communication from Suburban Engineering S 3r :, r•r:c�n' _.ived for ;treot improvements an Preserve L'oulevard and T i_.al.es Parkway, I.C . 51-282 . (continued) f dated August 9 , 1976 , explaining th-at the low bid was submitted by M . G. Astle,'.ord Company in the amount of $137 , 674 . 90,which also includes a provision for a bituminous walkway along Preserve Boulevard. 8 MOTION: Meyers moved , seconded by Pierce , to adopt Resolution No. � 1175 accepting the bid and authorizing awarding of the contract to M . G. Astleford Company in the amount of $137 , 674 . 90 , and to amend Resolution No. 1175 by striking "East-West Parkway" and inserting in lieu thereof "Anderson Lakes Partway" . Motion carried unanimously. 2 . Administrative Land Division for Harold Knutson property at 9800 Eden Prairie Road. • City Engineer Jullie spoke to his memo dated August 5, 1976 , and answered questions of Council inembers . Mr. Knutson also made himself available to answer qu0stions of Council members . MOTION: 1'4eyers rncved , seconded by Pierce , to grant an administrative land division for the Harold Knutson property located at 9800 Eden Prairie Road as outlined in City Engineer's memo dated August 5 , 1976 . Motion carried t n:-!nirnousIY. 3 . _,olution for Prairie Village Mall sewer hookup. ! City Engineer Jullie spoke to Resolution No. 1173 . i r i MOTION : Pierce moved, seconded by Meyers, to adopt Resolution No. f 1 173 , approving sewer hookup for Eden Prairie Village Nall. Motion carried unanimously. 4 . Resolution declaring costs to be assessed and ordering preparation of proposed 1976 special assessment rolls and setting a hearing date of September 14 , 1976 . I MOTION: Meyers moved , seconded by Pierce, to adopt Resolution No. 1176 , declaring costs to be assessed and ordering preparation of 1976 special assessment rolls and setting hearing date of September 14 , 1976. I Motion carried unanimously. � 5 . Confirm previous action vacating W. 78th Street, east of T. H. 169 at the "Wye" location. MOTION: Meyers moved, seconded by Penzel, to adopt Resolution No. 1172 , vacating a portion of West 78th Street. Motion carried unanimously. 1 1 . Part, Irnpravc n .;t I'c ,t M n Ili Prairie View , Roud Lake I'ark . f: Director of Community Services Jesscn spoke to the Staff Report dated July 29 , 1976 . r Meyers questioned how much of this requested $22 ,061 would come- out � li of the Park Bond FUrid, and how much from the General Fund , Jessen suggested all the money should come from the Park Bond Fund . .t MOTION: Pierce moved , seconded by Meyers, to approve the i recommendation of the Parks , Recreation & Natural Resources Commission ' as outlined in the Staff Report dated July 29 , 1976 , and authorize the expenditure of $22 , 061. Motion carriep unanimously . ' 2 . Cedar Hills Golf & Ski Director of Community Services lessen spoke to the rnerno dated August 6, 1976 . Meyers questioned if the management of Cedar Hills Golf & Ski area i would be willing to let our Finance Director review their financial records. Jessen replied that the City already has co r pies of such material. C He further Explained that the %Catershed District might have some interest and maybe even the Airports Commission; not sure if this project would be completely eligible for Community De-velopment Funds . f' r z City lvlanager Ulstad explained that if the Council is interested at all, the Council could authorize the expenditure of $600 - $800 to appraise the property . In the interirn,Staff could "meet with Ehlers on alternative l ways of financing . F�x tfi Pierce questioned if we can get Cedar Hills to agree pending our report l on the $800 , 000. 00 figure. Jessen responded he was sure Cedar Hills would agree to this request MOTION: Meyers moved , seconded by Pierce , to authorize staff to expend from $600-$800 for an appraisal of the Cedar Hills Golf & Ski property and investigate any and all ways of financing. Motion carried unanimously. 3. Report of Dutch Elm Disease it - 3 Director of Community Services Jessen acknowledged the 6-point motion adopted by the City Council on July 27 , 1976. lie further stated that the Task Force has been established and has had one meeting to-date. At the first meeting the Task Force had a review of legal restraints . Jessen further explained that a Staff. Report would be completed by the September 7th Council meeting. i Mrs . Sethre , IG150 North 11illcrest Court , requested the of the members on the Forestry Task Force . Jessen responded the Forestry Task Force consLsted of the following members: Dean Ilolasck, Mrs . Newell Liebler, "v%'ally Hustad , Dick. Anderson, Robert Gartner, Keith Waters , Walt Carpenter and Bruce Armstrong. � Mrs . Sethre further expressed her interest in the use of DDT to prevent Dutch Elm Disease and questioned if we should go to the F Legislature to change the law which prevents the use of DDT, Rick Root, 16001 Alpine 1,1.ay, explained that he had contact with the � University of Minnesota and was told after August it doesn't help to treat the trees . Jc ssc:: responded this irs true in a normal year, but that any time trees have leaves , the treatment is effective. , Mr. Root expressed his interest in forming a group of volunteers to help others take down their diseased trees , and that he would be willing to be one df these volunteers . He further asked if a member of the City staff could make himself available to show the volunteers how to cut the diseased trees down. Penzel responded that a City staff person could make himself available to give assistance from an advisory standpoint. The Council directed Mr. Jessen to come back to the Council on September 7th with a completed Forestry Task Force Report. E. Report of Finance Director 1 . R esnlution No ._1174 , aopointinq eciion iudc-es for the Primary Election. Penzel suggested Finance Director Frane contact all political organizations to make sure we have enough people to help vaith the election. MOTIOI':: Pierce moved, seconded by Meyers, to adopt Resolution No . I174 , appointing election judges for the Primary Election. Motion carried unanimously. 2. Ravment cf Claims Nos . 2147 - 2243 . MOTIOIv': A'ieyers moved, seconded by Pierce, to approve the Payment of Claims lvos . 2147 - 2243 . Roll Call Vote: r,"eyes, Pierce and Penzel - r vuted "aye" . Motion carried unanimously. i 3. Clerk's License List. j l MOTION: Pierce moved , seconded by Meyers, to approve the Clerk's License, List dated August 10, 1976. Motion carried unanimously. E { t -r:;r-ctioii of- (.ountv R ad I anti T. H. 1 9 . J'i E:F L: (4L I- StIONIC-d What WE- could do about the frustrating situation on Count i.c_,r3 I arid T. 1-1. 169 . -i ty Iv; ;cter Ulstad cxplained that he Ntd talked to Bill Crawford, Minnesota L L I-Jighv! ,� JDF-!partment, about 30 months ago regarding this situation. At this time th : State is -.-,(;rIiTir j on a proposal for that intersection,but Mr. Ulstad could riot give a on when, we are supposed to receive this proposal, The State has a IlSt of FILOUt 40 locations theny are presently studying. !'-�OTIOIJ: !-,-.C'VCd, seconded by Pierce, to direct the staff to request T-: -*c,!-.waYs to reduce the speed limit-- on T. H . 169 , LjtUk--Jy iiiar-K i.:,2644,an on t,-,,e curve south of Flying Cloud Airport, and can,s ruc t s i�na I.; on T. H. 169 and Count;; Road 1 . honor, carried u,)a,,i-: --)Usly. B. fro-.-) Bfl Tohnson relative to establishing August 31 , 1976 E,.-, the cla +t.a faf the forum to, identify public health needs and priorities for Ed !-i i-it-- City IAE;ric-ger Ulstad spoke to the memo from Betty Johnson dated Avc_Yust 9, 1. The Cou—,cil the following be extended invitations: Public Safety , HLirran Cc^:=Alssiz)n , School Nurse, P. R.0 P. , Jaycee's, LJorYs Club, Vo-Tech , C!iurch:-'s , and 1%6cthodist Hospital . lv"OMTON : moved , seconded by Pierce , to set August 31, 1976.as the date fro.- Irr-,ru--ij to ia;'artify p:-'.',-)lic health needs and priorities for Eden Prairie, to 1--e, t'l-)-- Er-en Prairie City Hall at 7:30 PM . Motion carried unanimously. 1.11eyer-c- nerved, seconded by Pierce, to adjourn the meeting at 9:38 PM . T,,*,---t, on carried Unanimously.