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City Council - 11/02/1976 d APi'i?OV .D NJ t;UTES EDEN PRAIRIE CITY COUtICIL — Ma �uESDAY, NOVENMER 2, 1976 7: 30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel Billy Bye i Joan Meyers Tim Pierce Sidney Pauly COUN,,C IL STAFF PRESENT: City Manager Roger Ul stad City Attorney Harlan Perbix Recording Secretary Joyce Provo Director of Cor,:rtunity Services Marty Je_ser ' INVOCATION: Counci lrian Tim Pierce PLEDGE OF ALLEGIANCE E l ROLL CALL: Bye, Meyers , Pierce and Penzel present; Pauly absent. I . APPROVAL OF AGERDA AND OTHER ITEMS OF BUSINESS The fo 1 1 or�i ng items were requested to be added to the agenda: Under IV. A. add Invitation_ for municis+al_ officials. Under V . add Discussion of lcttEir from County Administrator Stan! ev h t_o:.,er Hio + ota Rive i ildl i e a► d Recreation Area.Ccwle rr�aard•;nc� +-� � � �.- nc -� e_ M,0T10.' Pierce moved, seconded by Meyers , to approve the agenda as amended and published. Motion carried u,nanimou-sly. 1I . ORDINANCES & RESOLUTIONS A. Re!juest for Public Hearing for liquor iicense for John_ Suback. (Con+tinuea from October 26, 1976 Council meetings — 1 City 11anaoer Ulstad requested this item he continued to the November 9th Council rncetino as the report the Council requested is not completed. MOT I ON: Meyers moved, seconded by Bye, to continue the request for a Public Hearing for the liquor license for John Suback to the No vember 9th Council •rreeti ng. Motion carried unanimously. If I . ORDINANICES & RESOLUTIONS • A. Resolution No. 1207, supporting the concept of Convenant Livinq Centers. ! General discussion took place among Council members and amendments to Rerol ution No. 1207 were requested to be incorporated into the resolution. MOTION: Bye moved, seconded by Meyers , to adopt Resolution No. 1207 as amended, supporting the concept of the Life Care Retirement Living Center proposed by Convenant Living Center Minnesota Incorporated. Motion carried unanimously. (Resolution No. 1207 as amended attached as part of the minutes) chat � th. street niime in the l_tic. diiion. r(g 1•01-1 ON: Meyers moved, seconded by Pierce, to approve the 2nd Reading of Ordinance No . 348, changing the street name in the Westgate (east) Addition. hSotion carried unanimously. CEPSIV . REPORTS-OF OFFI C01aMISSIONS _--- - A. Reports of Council mein►_;^rs . si 1. Rei}ort of Ccunci loran Pierce Pierce explained that the Parks , Recreation & Natural Resources Commission has questioned why we are going outside the levy limits for dutch elan dise&s•e control when the State will do something anyway. t The Commi ssi on feels this ini ght be a dull tax. He further requested the staff draft a memo explaining to the Parks, Recreation & Natural Resources Commission the action of the Council . Director of Community Services Jessen explained that the Parks, Recreatien & natural Resources Commission did receive a copy of the Task Force Report and were advised the Council was going to take action on this % program. If the Commission wanted to provide some input, that was the time. At that time they received and -filed the report. a 1 Penzel rL2gI�-sted staff prepare a "For Your - Information" itea. outlining the varinus cons iderations the Council took which lead to the Council decis;on, and if the Parks, Recreation & tJatural Resources Commission wishes to met with the Council they can so request. 2. Report of h,ayor Peril-el Penzel spoke to the communication received from Robert W. Martin, Hennepin County Assessor, dated November 1 , 1976, inviting the- City Council to attend the Annual County Seat Instructional Meeting to be held November 10, 1976, 9: 30 AM, Hennepin County Government Center. B. Re_port of City Manager 1. Sumimary Municipal Liquor Report City Manager Uistad spoke to memo from Director of Community Services Jessen dated October 29, 1976 which the Council requested at their meeting held October 26, 1976. He explained that in September the Council was informed by staff it was not the time for our City to. consider going into municipal liquor, and that if conditions in the City change it could be reconsidered in six months time. Meyers asked when the recommendation might change. Uistad replied when ' . the City has sufficient funds without borrowing which is difficult for the City to anticipate. i 1 . Sum-mary of Municipal Liquor Report (continued) ,M Meyers questioned what we would need. Ulstad replied we should have ; $100,000, and that Mr. Jessen has suggested a minimum of $80,000 - $859-000. In addition we need some operating capital . Meyers further asked if there should be some surplus by the end of the 1977 budget, could the City consider going into an operation in 1978. Ulstad replied in the affirmative. Meyers directed a question to Mr. Perbix if the City reaches 10,000 in population and we have not gone into municipal off-sale liquor, do we still have to have an election!: Perbix answered in the affirmative. MOTION: Bye moved, seconded by Meyers, to accept and file the reports from Director of Community Services Jessen dated May 28, September 24, and October 29, 1976. Motion carried unanimously. 2. Legal opinion from City Attorney on authorization to issue_priva'te off-sale liquor license. MOTION: Bye moved, seconded by Meyers, to accept and file the legal opinion from City Attorney Perbix dated October 28, 1976 on Municipal Off-Sale Liquor Licenses. C. Director of Community Services 1. Raze _Property -_Consideration of purchase. (12.99 total acreage) Director of Community Services Jessen spoke to the Raze property and stated he has been in contact with the realtor. The property owner is asking for approximately S150, 000 for 5 acres and the house. We have indicated the City might consider somewhere in the range of S130,000 - w140,000 for the house, including the entire 12. 99 acres. Jessen questioned if the Council wishes to proceed with an investigation to complete the acquisition at Stating Lake? s MOT10'4: Meyers moved, seconded by Pierce, to send this item to the Parks, Recreation & Natural Resources Commission for their review and recommendation, s and especially their consideration of options in lieu of purchasing, ie. , a scenic easement for ccrridor purposes. Further direct Mr. Jessen to let property owner know that we have sent this item to the Parks , Recreation & Natural Resources Commission. Motion carried unanimously. 2. Nine-Mile Creek Improvement r Director of Community Services Jesso-.n explained that Howard Kaerwer has contacted him about deeding 1 . 3 acres of his land to the City and at the same time would like to make a contribution of $1 ,000 to begin development of a wildlife habit-at. Pin. Jessen further stated that he has brought this to the attention of the Nine Mile Creek Watershed District and they may apply matching funds. ��Lz � s -t' 1 Ininr ,ti �crot (corrt.inuc•d ) 1) rce noLc�d that the Parks , Recreation & Natural Resources Commission has reca,m,,i)i.iid(--d approval of this proposal . MOTION: Bye moved, seconded by Meyers , to approve the recommendation of the Parl:s, Recreation & Natural Resources Commission regarding the acceptance of land from Howard I:aerwer along with their $1 ,000 contribution, and the conceptual development plan of a wildlife habitat. Motion care-•ied unanimously. 4 D. Report of City Engineer 1. Cor�sde�-ati��n of bids for traffic control and regulatory control City I?anager• Ulstad spoke to memo from City Engineer Jullie dated November 1 , 1976 regarding bids for tra*ffic signs, noting that we have received one bid by the allotted time and that the bid is below the estimate. Recommended Council award the bid to Earl F. Anderson & Associates , Inc. of I•Si nneapol i s . MOTION: +Bye moved, seconded by Meyers, to accept the bid of Earl F. Anderson & associates , Inc. of Minneapolis in the amount of $18,310.87 for street sign project I. C. 51 -296, and authorize the Mayor and City Manager to sign the contract documents. Motion carried unanimously. E. Report _of Finance Director 1. Clerk ' s License List I MOTION: Bye moved, seconded by Pierce, to approve the Clerk ' s License List dated November 2, 1976. ;Motion carried unanimously. V. N`id BIUSIIN'SS A. Discussion of )eater from County Administrator Stanley Cowle regarding the Lo er Minnesota River Wildlife and Recreation Area . Meyers expressed her concern with the paragraph on the 2nd page of memo to Cor•urcissioner Thomas Ticen whereby Mr. Cowle states "there does not appear to be any urgent need for the County Board to pass a resolution at this time. " She felt the Council should press for the County Board to pass a resolution- now. Bye explained that we should wait until after January as the make-up of the County Board will be significantly changed. MOTION: Bye moved, seconded by Meyers, to urge the City Manager to contact County Administrator Stanley Cowle to let him know we will be back in January to give hint our reaction to his letter and that we intend to follow through at that time. Motion carried unanimously. B. Penzel reminded Coi.ncil members that the Guide Plan meetings have been changed to Tuesday, November 16, and Thursday, November 18. Pierce and Penzel , to send a floral ,:.; 7A in expression of the COUrlcil ' S sympathy in memory of Anna I".ie ':c1;_.m. "otion carried unaniinously. D. City Manager Ul s ad explained that a cheese shop is opening in the Prairie Village Gall and the license for one year is $200.00. He suggested r this particular license be pro-rated for one month. Council agreed to this request. E. MOTION: Meyers moved, seconded by Bye, to set the Canvassing Board meeting for, 7 : 00 fi;, Thursday, November 4th, at the City Hall . Motion carried unanirpously. V I. AOJOURN14ENT • 1.10TION: Pierce moved, seconded by Bye, to adjourn the meeting at 8:50 PM. Motion carried unanim.ousiy. ,I .