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City Council - 09/28/1976 Y b a r APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,SEPTEMBER 28, 1976 7:30 PM, CITY HALL „a COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye Joan Meyers Tim Pierce Sidney Pauly COUNCIL STAFF PRESENT: City Clerk John Frane City Attorney Harlan Perbix Assistant Engineer Gene Schurman Recording Secretary Joyce Provo • INVOCATION: Councilman Tim Pierce PLEDGE OF ALLEGIANCE ROL CALL: Meyers` Pauly, Pierce and Penzel present; Bye arrived at meeting at 8:40 PM. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were requested to be added to the agenda under the "New ^ Business" category: A. A-mendrnent to Resolution No. 1190, changing Bristol Bay to Timber Lakes . B. Discussion of three functions to which representatives from the City _ � MOTION: t�'eyers moved, seconded by Pierce, to approve the agenda as amended and published. Motion carried unanimously. ! I . MINUTES OF THE REGULAR COUNCIL MEETING HELD TUESDAY, SEP-TEMBER 7, 1976. Pg. 2 , para. 11 , line 6, strike "received" and insert "reviewed" , in the same line, after "Commission" add "and City Council ". MOTION:Meyers moved, seconded by Pierce, to approve the minutes of the Council meeting held September 7, 1976 as amended and published. Motion carried unanimously. III. PETITIONS, REQUESTS & COMMUNICATIONS A. Petition for reduction in special assessments against Parcel 1235E Section 5, 6465 West 168th Avenue. City Clerk Frane spoke to memo dated September 24, 1976 and communication from BRW dated August 24, 1976. C A. Petition for reduction in special assessments a ainst Parcel 1235 Section 5, 6465 West 168th Avenue continued y Dick Bren, Countryside Realty, agent for the seller and buyer of afore. mentioned property, explained that his clients want to make the land salable and that the buyer wants to build one house -on the property. Torn Johnson, 5341 15th Avenue South, Minneapolis, seller of the property, stated that he has been trying to sell the property in question for about five years. He further explained that he had soil samples taken of the 1 area and that the test indicated that the soil is not of a condition for normal home construction. Mr. Johnson further remarked that as far as he is concerned there is only one buildable site on the property back in the hill . Harold Baker, 16940 Manor Road, Eden Prairie, interested buyer of the property in question, and Dave Bertelson, G. T. Mark, architect Mr. Baker hired to design his home, both appeared before the Council and answered questions of Council members. Mr. Baker also agreed with Mr. Johnson that he could only foresee one buildable lot on the property. MOTION: Figuly moved, seconded by Pierce, that the City adjust the lateral assessment to 1 REC and the trunk assessment to 40% of the area .- ,-Meyers, Pauly and Penzel voted "aye", Pierce voted "nay". Motion carried. Pierce preferred to adjust the lateral assessment to 1 1/2 RECS. k L B. Communication from Margaret Roomers and William Kucher, Sr. , dated embear_ 14,_1976. City Clerk Frane explained that the Parks., Recreation & Natural Resources Commission teas polled by di rector of Community Services Jessen at the request of Mayor Penzel . Jessen distributed the sample straw ballot with the following results: 1. Should the City acquire the Kucher/Deaver property as the Commission has previously recommended? Answer: 80% Yes 2. Is the Deaver or Kucher Property a higher priority? Answer: 6 out of 10 felt equal priority. 3. Should the City spend its 1977 LAWCON funding (if approved) or, Pound Lake Development, Kucher/Deaver, or Miller Bros. acquisition. Answer: 6 felt Round Lake should have the highest priority. Penzel questioned the funding of this type of acquisition. Jessen suggested that the procedure would be to appraise the property and program it for 1978. Meyers requested staff check and see if Hennepin County is planning on improving Towril ine Road to Woodland as there is speculation that Minnetonka may have a large development coming into this area. B. Corn Muni ^�ti un from Margaret Rogers and William Kucher, Sr. dated September 14, 1976. continued Mrs. Margaret Rogers appeared before the Council and answered questions. r. Mrs. Julia Kucher, mother of Mrs. Rogers and owner of property in questi one also was in attendance at the Council meeting. I MOTION: Bye moved, seconded by Pauly, to authorize monies to be expended for an apprai sal of this property, direct staff to proceed to investigate _ this property to gain a firmer base of understanding and provide a clear map .of same, and return this item to the _Corinci 1 at the earliest opportunity. Motion carried unanimously. 1 IV. ORDINANCES & RESOLUTIONS A. 2nd Reading of Ordinance No. 336, establishing license fees for mechanical amusement devices and amusement centers, amending Ordinance No. 280. — MOTION: Meyers moved, seconded by Pierce, to approve the 2nd Reading of Ordinance No. 336, establishing license fees for mechanical amusement devices and amusement centers, amending Ordinance No. 280. Motion carried*unanimously. F B. 2nd Reading of Ordinance No. 342, regulatin and licensing mechanical amusement devices and amending Ordinance No. 300. MOTION: Meyers moved, seconded by Pauly , to approve the 2nd Reading of Ordinance No. 342, regulating and licensing mechanical amusement devices and amending Ordinance No. 300. Motion carried unanimously. a V. REPORTS OF OFFICERS, BOARDS & C011,14ISSIONS A. Reports of Council members. I. Councilwoman Meyers reported on the Board of Appeals & Adjustr,.ents recent meeting. Q. Report of City Engl_neer I. Consider bids for West 78th_ Street sanitary sever extension, I. C. 51-284. Resolution No. . 1193) — Assistant City Engineer Gene Schurman spoke to Resolution No. 1193 and recommended approval of same. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1193 for Improvement Contract 51-284, awarding the bid to Northdal a Construction Company in the amount of $49,732.00. Motion carried unanimously. 2. Consider bids for street construction in the east Westgate Addition, I.C_ 51-292. Resolution No. 1194 CAssistant City Engineer Gene Schurman spoke to Resolution No. 1194 and recommended approval of same. i MOTION: Bye moved, seconded by Meyers, to adopt Resolution No. 1194 for Improvement Contract 51-292, awarding the bid to Northwest Bituminous, Inc. , in the amount of $105,956.00. Motion carried unanimously. ` J C . Report of Director of ConxTiuni ty Services I. Municipal Liquor Store f Director of Community Services Jessen spoke to memo dated September 24, 1976. MOTION: Bye moved, seconded by Pauly, to receive and file the staff memo dated September 24, 1976 and commend Mr. Jessen for the study he has undertaken. Motion carried unanimously. D. Report of Finance Director t 1. 3.2 On-Sale Beer License for S. S. Snelling at Eden Prairie Center City Clerk Frane spoke to memo dated September 13, 1976. Joe Sahli , Manager of the Eden Prai rt+e Center, explained that S. S. Snelling does not have approval in their lease agreement to sell 3.2 beer. The procedures for a person leasing in the Eden Prairie Center is for that individual to request approval from Nomar Development to sell 3.2 beer at their establishment, and at th s time S. S. Snelling has neither requested or received approval to do so. t MOTION: Bye moved, seconded by Meyers, to table the 3.2 on-sale beer license for S. S. Snelling. Motion carried unanimously. ( 2. Discussion of 1977 City Budget F'eyers requested that a page be provided in the budget for levies and mills. Council members felt the program on 'In Service Training" in the 1977 budget was too high. Extensive discussion took place regarding the Tree Disease Control Program Options and concerns were expressed regarding the three options presented. MOTION: Bye moved, seconded by Pauly, that the City should look at paying 112 of the removal and 10O% reforestation and come back � to the Council with a figure for removing a tree. Further that staff present a 4th option at the October Sth Council meeting. Motion carried unanimously. Discussion of the 1977 City Budget was continued to the October 5th Council meeting. _ 3. Metropolitan Council 's resolution regarding Minnesota River Crossing City Attorney Perbix spoke to Resolution No. 1206. MOTION: Meyers moved, seconded by Bye, to adopt Resolution No. 1206 appointing a Council person to a committee to consider a bridge across the Minnesota River. Motion carried unanimously. 4 3 4. Pa yi,,ent of C 1 a i n+s Nos. 2521 - 2631. ti General discussion took place as to how donations or contributions ' are received by the Public Safety Department and if they are in any way solicited. City Clerk Frane assured the Council that the 1 Public Safety Department in no way solicits donations or contributions. 1 Bye requested that all donations and contributions given to the Public Safety Department should be channeled through the City Manager's office as to how they should be used. MOTION: Meyers moved, seconded by Pauly, to approve Payment of Claims Nos_ 2521 - 2631. Roll Call Vote: Pauly, Meyers, Pierce, Bye and Penzel voted "aye". Motion carried unanimously. VI . NEW BUSINESS • A. Amendment to Resolution No. 119D. changing Bristol Bay to Timber Lakes. City Clerk Frane explained that in Resolution No. 1190 there will be a name change of Bristol Bay to Timber Lakes, and requested the 'Council amend Res9lution No. 1190 to undertake this change. MOTION: Bye moved, seconded by Meyers, to amend Resolution No. 1190, changing the name Bristol Bay to Timber Lakes. Motion carried 9 9 unanimously. a B. Discussion of three functions to which representatives from the City - shau�d .a tend,_--- 1. Hopkins Independent School District invitation to the Council , requesting a member of the Council to be present at their r meeting Thursday evening for the purpose of increasing cooperation between the governing bodies within the Hopkins School District. Councilman Pierce agreed to attend this meeting. 2. Representative from the City to attend meeting September 20, 1976 on the Minnesota River Crossing problem. (Metropolitan Council Chambers) City Manager Ulstad to attend this meeting.with Mayor Penzel . 3. Outreach program, October 7, 1976, on mental health, mental retardation and chemical dependency No representative from the City will be attending this meeting. VII . ADJOURNMENT MOTION: Bye moved, seconded by Meyers, to adjourn the meeting at 9:50 PM. Motion carried unanimously. C