City Council - 06/21/1977 APPROVED FJNUTES
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, JUlv'E ?1, 1977 7s00 PM. CITY HALL
COUNC.n moERss Mayo. Wolfgang Penzel, Billy Byev
Joan Meyers, Dave Osterholt and
Sidney Pauly
COUNCIL STAFF PRESEI1Ts City Manager Roger Ulstad; City
Attorney Harlan Perbix; City Engineer
Carl Jullie; Director of Conmunity
Services Marty Jessen; City Planner
Dick Putnam, and Donna Stanley,
Recording Secretary
INVOCATION: Councilwoman Joan Meyers
PLEDGE OF ALLEGIANCE
ROIL, CALL: All members present.
I. APPROV IL OF AGENDA- AND OTHER ITEMS OF BUSINESS
The following items were added under VIII. NEV BUSINESS:
A. Formal request by Mr. & firs. Rusty Irvine for Public Hearing
repardina zoning purposes.
B. Li;iB Request for Additional CoiiX,ensation-Schooner Lct:!e*zcr;? Pro eet
I.C. 51.-260
210TION: Osterholt moved, seconded by 2.eyers, to adopt Agenda as published
and amended. Ibtion carried unanimously.
II. S.JE.ARING III OF PUBLIC SAFETY OFFICERS RONALD A1DERSON, JOHN CONLEY, AIM
RI.CH10`0 P..ABENORT
Mayor Penzel commended turn-out of fellow officers. City Attorney Perbix
swore in the three new members Jolui Conley, Ronald Anderson, and Richard
Rabenort.
Mayor Penzel welcomed officers officially to the Public Safety Department
and wished then luck.
III. PUBLIC EEARIIdGS
A. Condor Corporation, request to rezone from Rural to I-2 Park
apuroyimstel_y acres for office i4a ehouse use.(Ordinance No. 77-83)
Mr. Jim Riley, Condor Corporation, spoke to their application for
rezoning the west 375 feet of their property located at 7450 Washington
Avenue South. He noted that the Planning Commission did recommend
approval of the rezoning request, and they would like to extend their
building and increase their parking facilities. w
City Council lunutos - 2 - _ 'ices., June 21, 1977 1
A. Candor Corporation (continued)
Planning Director Putnam explained that the request was consistent with
f the Smetana Lake Study and answered questions of the Council members.
Meyers was concerned whether the back of the property would receive
substantial grading and asked whether grading plans were received.
Riley explained that an agreement had been made with Mr. Helle, property i
owner to the Northwest, that Condor Corp. could come up to the property f
line and work something out for the hill, which was partially located
on his property and the other part on Helle's.
Osterholt stressed the importance of an understanding on the future road -
allignment of 'Nest 74th Street, when will the road be developed and who 4.
will pay for it. Putnam responded that the road is not to be put in at
this time, but that a right-of-way of the South 30 feet would be dedicated
by Condor Corp., and that the remaining 40 feet has already been dedicated
on Norseman Industrial Park 1st Addition.
Osterholt further questioned whether the requirements of the zoning ordi-
nance as outlined in the letter of I•lay 16 received from the Condor Corp.
were sufficient to make a decision.
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Mar. Belle, 6138 Arctic Way, asked about distribution of the cost of the
road. City Manager, Ulstad explained that when the road was necessary..
property owners could petition the City, or the- City could order the
atrdet to be built, and the cost assessed to the property owners. lie
further explained that each parcel is responsible for their share of
assessments.
,a
MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and to adopt the first reading of Ordinance No. 77-83, and that the f
developer supply the necessary information showing more detailed plans
on the requirements of Ordinance 135. lotion carried unanimously.
MOTION: Meyers moved, seconded by Osterholt, to draft rezoning agree-
went; with provisions that Ordinance 135 are followed; dedication for
right-of-way for :Jest 71tth Street and potential road assessment for
West 74th Street against this property; that the Engineering Department
receive approved grading plans before second reading; and receive agree-
ment in writing from adjoining property owners that those property owners
are agreeable to the plans. Motion carried unanimously.
B. Be Realty, Inc re guest to rezone from Rural to Office
approximately 1 acre at 8110 Eden Road. Ordinance No. 77-84
Mr. Bruce Bermel, Executive Vice President, located site, explaining that
it is presently single family residential property, and it is the interest
of Bermel-Smaby Realty to remodel this property and open as a new residential
real estate office for their company.
Planning Director Putnam spoke to the review of this request at the {
May 23rd Planning Commission meeting and their recommendatio4_of approval.
s'
B. Bormol Smnhy Rezltp. Inc.. (continued)
Putnam explained that it was their plan ultimately that this building
will be removed from the site and the balance of this site filled and
' an office building constructed upon it, which would not be for five
years or. so.
Putname answered questions on the request.
140TION: Bye moved, secondod by Pauly, to close the Public hearing and
to approve Ordinance 77•-84 granting Bermel/S:naby Realty.,
their request
to rezone approxiimatcly ona acre from Rural to Office.
1 jeycrs uns concerned that the City would be setting a precedent and would
be more inclined to favor the drafting of an "interim agreement".
` Mayor Pcnzcl, in aCrce},ent with 1•11eyers and Pauly, coma.ented that they
would consider th.ia "spot zoning", and Fenzel urged the Council to con-
sider -Lbe adoption of a transition LLTaendment to the Ordinance to make
an "intcrin ucn agreer, ent" loss complex..
Bye expressed concern that the Council is not reacting to the request
inn d c but are putting; different words into what the company is asking. {
Mr. Be_•irel as.tcd whether donial of the request would preclude agree-
n,ont for a year. City Attorney Perbix explained that should the Council
choose to a-,e the " . i terin� ng-reement", we-could be instructed to draw l
the agreem;.,nt for the next meeting. He explained further
that the oily contingency imuld be the lel:Lth of time the wgree::nent
Bermel- commented that they would be willing to accept this type of agqree-
i�cnt on a ten year basis, and agree that we will convert that property
to "higher" usses.
`�' N: Os "aye"; Penzel I•e ers and Paul
VOTE ON 1...!'IO,.. By® and �torholt voted aye , , y y
voted "nay". 1:otion failed.
MOTION; Pauly novod, seconded by Y'eyers, to direct the City Attorney to
draft rezoning agreement covering "interim use" for the use of "iho single
family residence tis office building by Bermcl/Smaby realty, Inc. .
15eyers requcstcd Pauly to include reference set forth by Mr. Bermel in
letter of lay ?, 1977, with the tine limit of seven years in thallinterim
use agrcement", with review after that time and an option to extend for
another three years.
Pauly felt that whatever time limit wan put on the proposal, it will be
reviewed and had no objection, to ton years.
Bye qucstioned how the City was protected by putting on .a time limit,
and felt we should be lookinG at the credontials of businesses wanting
to come into Eden Prairie.
City Council :Minutes - 4 - Tues., Juno 21, 1977
S
B. BermeJZSruiby Realty, Tncs (continued)
Penzel pointed out that the point of contention was the method used
to accomplish the interest of the company, and the question is, is it
appropriate to use resident use for business purpose.
ROLL CALL VOTE: Pauly, Penzel and I'.leyers voted "aye", Osterholt and
Bye voted "nay". Motion carried. .
C. . Edenvale Industrinl Park, Outlot F by Edenvale. request to rreliminarY
p1r+t into 5 _1_ots and rezone fron I-G nernl to I-2 JF-r1c. (Continued from r
June 14th Council 1:eeting Resohztion No. 77-41; Ordinance No. 77-3-4)
14r. Peterson, Edenvale Inc., spoke to the project and the reason for
his request to provide smal: er lots for industrial buildings, which
they are experiencing a good deinsznd for. He had reviewed the reco=aenda-
tions by the Planning Con-mission and found then agreeable.
MOTIO:d: Osterholt moved, seconded by Meyers, to close the Public Hearing
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and to approve the first reading of Ordinance No. 77-11*. 1-otion carried
unanlz- ously.
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MOTION: Bye moved, seconded by Osterholt, to adopt Resolution No. 77-41,
approving the preliminary plat for Edenvale Industrial Park, Outlot E,
by Edenvale. Motion carried unanimously.
{ ;;OTIOP:: 11Ayers moved, seconded by Osterholt, to direct City Attorney Perbix
°- to draft a rezoning agreement and include setback provisions as per Staff
Report dated June 7, 1977. Motion carried unanimously.
D. Bi ti. ndnous Paying on Ril-ev Inke Road, I,110. 51.-3Q5 (Resolution No. 27-86)
City 1•anager U7.stad spoke to the request for a Public Iiearing by the proper-
ty owners with frontages on Riley Lake Road to be called for entire unpaved
length of road from County Rd. 1 to west City limits. He spoke to the
Feasibility Report submitted by City Engineer Jullie and to the preliminary
assessment roll of parcels and front footages involved for the complete
project and also an alternate assessment roll for a reduced project, which
would involve paving only 1+00 ft. of the roadway.
City Engineer Jullie responded to questions from the Council and residents.
Idr. Joseph Dolejsi, 9005 Riley Lake Rd., questioned who would potentially
bear the cost. Jullie resl3onded that only four owners who petitioned would
pay the cost of the improvement on their road frontage.
Ulstad spoke to communication received from Howard, Priscella and Idartin
Good stating their opposition t.o paving Riley Lake Rd..
2•,r. F. J. Schmidel, spoke in opposition to the improvement because of the
w
expense.
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City Council Flinutes - 5 - Tues., June 21, 1977
D. Bituminous Pp inr* on R1.7 ey Lnke Road (continued)
! Xr. Leonard Swedlund, 9000 Riley Lake Rd., asked whether it could be
approached in a manner where the City would be assessed the cost, because
he felt it was more of a City road, rather than local . He corimented
further that he feels property will never be developed and it was too
expensive for the people involved to pay for it.
Jullie explained that the only City sources of funds would be general
funds and through State Aid, both of which have stipulated requirements.
Tir. Wallace Anderson, 9011, Riley Lake Rd, questioned whether the letter
referred to by Ulstad from the Goods was in opposition to tho total or
limited plan. 2ayor Fenzel responded it referred to the total plan.
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Elaine Jacques, 9021 Riley Lake Rd., stated her opposition for following
reasons: land is presently agricultural and a paved road would speed up
traffic, would benefit 170 unit complex of apartments in Chanhassen designed for I
adult use of the road, causing an increase of traffic, narrow banks, and poor upkeep
of the road by the City. She felt they should make arraneements with--the people E
who signed the petition.
110TION: Osterholt moved, seconded by Meyers, to adopt Resolution No. 77-86, �
receiving Feasibility Report and ordering improvements on Riley Lake Road, ,
I.C. 51-305, benefiting only those property owners who signed the petition, i
and directing; thi Staff to secure figares on the reduced project and also
to oil the road more thant4ice a year to reduce the dust problem. 1iotion
{ carried i na,il:-�ously. t
T`s. Anderson requested clarification of the motion.
Fenzel responded that
the limited project would be carried out and the decision on the method of
assessment would be made at the assessment hearing.
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IV. REPORTS OF A-D`JISORY CO1,2�gSSIONS
None.
V. PETITIONS, REQU:::STS & C01.24MUCATIO?vS
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A. Appeal of decision of the Board of Appeals & Adjustments by Dennis Feterso ,
Attorne;; re presentim- resident on Cedar Crest Drive Cory-unication of t^.a 11. 1977)
Mr. Dennis Peterson, Attorney, representing residents on Cedar Crest Drive,
explained that no complaints were made before because the residents were
not aware until two months ago of the intention of the H endricksons to build
the driveway connecting to Cedar Crest Drive. He said the residents insist that no
authority was given at the meeting for the driveway and that Mr. Sands only has an
easement, and there are possible zoning violations . He further explained that the
erosion problem is not being taken care of as recommended by the Riley-Purgatory
Watershed District. In addition, non-residents are coming in because it
appears to be a "through :3Lroet'l, creating a dangerous situation for the
children. lie requested that the Council undertake a study to determine
/ whether authority was Cranted to construct the drive-way, and if not so,
4 Hendrickson should be required to remove the drive-way.
City Council Ianutes - 6 - June 21, 1977, Tuesday
A. Anpcnl of decision of the F3onX:d of Arreals & Adjustments by Dennis
Peterson, attorney. representing resident on Cedar Crest Drive (continued)
140TIOTls Bye moved, seconded by Osterholt, to direct the Staff to investi-
gate the matter and report back to the Council, if in fact - the action was
taken, to give us some basis to react to this situation.
Penzel requested the addition of investigating permits by the I-latershed
District and Engineering Department. -
Meyers felt the I•!otion was not necessary, because she recalled the Minutes
and said they were correct, and that they were approved on May 20, 1976,
and did not understand how residents could have left without understanding
the 2".otion, because the intent was there.
Mr. R. H. Cole, 17251 Cedar Crest Drive, spoke to the Hendrickson property
and Sands easement, which they are using jointly as a driveway, and f
commented that when he had left the 1-march 18 meeting►, he felt they had
struck an honest compromise, and •t,ha: the access .•mold be to Co. Rd. 1,
rather than by Sands, property and cul-te-sac. -He was concerned with a
street going through.
Osterholt asked whether they could see any solution that would be agree-
able and whether it would be agreeable if Hendrickson would agree never to
request a street at that point.
Mary Cable, 17181 Cedar Crest Drive, spoke to lengtty conversation to ep�-
pl ore ;any alternatives at the mee tint, and she understood the studies
were to be made first and that no more residences would be built there.
I-lr. Duane Cable, explained that he had hired Peterson because of above
reasons, and that there were only two weeks of study, and that as a tax-
payer he should be listened to.
City Attorney Perbix commented that the Minutes stand as published, and
the I•larch 18 action is being re-considered now, and under the revised
Ordinnnce that could not be done. He continued that whether they comply
with the Watershed District recommendations is a valid question.
Cable requested that Ferbix check to see whether Landholders agreement was
Mod, rind that-as a solution, they consider the fact that I{r. Hendrickson
has been living in his house for eleven months, and that the other access
must be accurate, or why this driveway now.
1
VOTE ON MOTION: Notion carried unanimously.
Osterholt requested that a representative of the Hendrickson' s be present.
MOTIONs Neyers moved, seconded by Osterholt, to direct Staff and whoever
is responsible to enforce erosion measures along the driveway as soon as
possible. Motion carried unanimously.
VI. ORDIT3AJTCES & RESOLUTIONS
A. 2nd Rendinr,► of Ordinance No. 338, nmendinry 1?in-nn Rig-hts Ordinance to
include C.or unity Bnned Services Board to nssist All -ninervisod
residentiAl ,12ro7rnms or nocin3 rehnhilitntion nror*rM2.
Putnam spoke to the intent of the amendment and answered questions of Council.
City Council Ilinutes - 7 - Tues., June 21, 1977
1,40TIONs Osterholt moved, seconded by ?leyers, to adopt the 2nd Reading
of Ordinance No. 338, relating to the Hunan. Rights Cormission and amending
Ordinance No. 311 as amended. 14oti.on carried unanimously.
B. Resolution Noe 77-85,. support.ina the ircr,edi.nte construction of
U,S, Uis-hway 1Z212.
Meyers spoke to her record in opposition of this construction and re-
quested re-evaluation. She questioned the environmental impact on the
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City; access to Eighway 212, which are minimal; locs of deve3op3ble land;
and stated she would support the review and re-evaluation of the classifi-
cation and design of highways 494,, 169 and 5; alternatives to Highlray 5;
and receiving reactions from Planners and citizens.
Ulstad spoke to the hazards of traffic today, and use of those people
who come west through town, greatly overloading our roads.
1-UTICIIs Osterholt moved, seconded by Bye, to adopt Resolution 77-85,
adding to the resolution the following language: "the urgent importance to
supplement and relieve the pressure from State Highways #. 169 and #5 as they
are inadequate to serve the public." Motion carried unanimously.
C. Int Rendin.- of Ordi.:nrnce No. 77-2.2, urohihi_tin,^ noisey rmrties and
un1..:.t-! u? tz•�:cr�^ -cs union the rrivate lnn6s of another -i•rithout first
securin- tyri.'"ten remission ic'r sttch use from, the owner of said 1prorertz
And r-s tabii-z:in^ n P,-nglty for violation thereof.
City Attorney Perbi- spoke to the importance of this ordinance to the
Public Safety Department.
?SOTION.- Ifeyers moved, seconded by Pauly, to continue 1st Reading of
rdirLanee ISo. 77-22, prohibiting noisey parties and unlawful trespasses
nd establishing a penalty for violation thereof, and requesting the
.recence of Officer Hacking at the July 5 meeting. Z:otion carried unanimously.
VII. REPORTS OF �BOARDS & C0:111MISSIONS
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A. Retorts of Council. rnernbors
1. Anointment of one nesber to the flumnn Rights CommiRsion for s term
to es:uire F ebrunry 28, 1950
Continued to meeting of July 5, 1977,
2. ApM i ntnent of one member to the Industrial Comani s s ion for a term
to e-m-iire Februnry 28, 1979
F
Afeyers placed the name of Yr. Don Flom into nomination.
MOTION: Osterholt moved, seconded by Mayers, that nominations be
closed, and to cast an unanimous ballot. for Don Flom to serve for
a term to expire February 28, 1979 on the Industrial Coanmission.
I-lotion carried unanimously.
City Council I:inutes — — Tues., June 21, 1977
A. Reports of Council members (continued)
31
3. Appointment of one member to the Buildin� Cade Aorrd of At-)peals for
a tern to expire February 28. 1.978
=z
Continued to meeting of July 5, 1977.
B. Report of City 14nnac�er
• 1. Tax De) i_ncuent prOT)erty (Resolution No. 77-76) I
Ulstad spoke to the 1emo of Yay 27, 1977 received from Director of
Coimavnity Services Jessen reSarding tax forfeited property.
Director of Co-.=unity Services Jessen renronded to questions on the
concerned parcels.
I-IDTTOEI: Osterholt moved, seconded by Pauly: to adopt Resolution 77-76,
stating the Cityts intent concerning certain tax delinquent parcels.
Ibtion carried unanimously.
2. Li_ouor Store lease
City Attorney Perbix informed the Council that he had reviewed the
lease and found the document in order.
I.LTTCI:: Csterholt r.�ved, seconded by Xeyers, to authorize the Mayorand City Imager to enter lease agreement for i;unicipal Liquor Store
as outlined and presented. Motion carried. F enz el, 1•Ieye.s, Bye and
Osterholt voted "ave" , Pauly">abstained".
YiDTIO11% 2:eyers moved, seconded by Osterholt, to authorize Staff to
set July 19th as date to receive bids for fixtures and other sundry
equipment needed for the store. Fenzel, 1•11eyers, Bye and Osterholt
voted "aye's, Pauly "abstained". I•btion carried.
3 City I1n1 l expansion x>7_rans
Ulstad spoke to the number of architects interested in providing consulting
services to design an addition to the City Hall , and suggested
that the Council consider Design Two, located in Excelsior, at a
total cost of `ill, 500, frith a ', 1,000 deduction for reducing super—
vision done by the City. 1'
Pauly was in favor of selecting Tory Carmody, located in Eden prairie, 4
and felt there was a misunderstanding on his inability to handle this
project because of other priorities.
MOTION: I•layers moved, seconded by Pauly, to direct City 13anager Ulstad
to authorize 1•;r. Tom Carmody as architect for City Hall expansion,
and negotiate with him on reduction of costs if City does supervision,
and authorize Yiim -to start on preliminary cost figures. lobtion carried
unanimously.
� 1 J
i;lty Council Minutes — 9 — Tuos., .;une 21, 1977
It, Report of City I:,anriner (continued)
4. Authorizntion to advertise for bids for Civil Defense Sirens
Ulstad spore to Piero from I'.s. ltieith Wall, dated June 9, 1977,
rcUaurding two, new siren sites and the positive response received
from homeowners in the areas.
MOTION: Osterholt moved, seconded by Meyers, to set July 19th to
receive bids for two additional civil defense sirens at locations
outlined in 1 erD received from Ins. Keith Wall, dated June 9, 1977.
Elotion carried unanimously.
Renort of Citr !:ttorne
1. Rer±ul.ntion of milni and trail bikes
Mayor Penael requested that action be taken along with Ordinance
Prohibiting noisey parties, at July 5th meeting.
ReT,ort of u]annin- Director
I
i. Clrn Grdir..nnce
I''utnara spoke to the draft of the Sign Ordinance and responded
to questions by :.ouncil members.
is
I:OTIC.!: Pauly moved, seconded by 1:Cyers, to direct Sign Orai nnnec
to Osterholt for his revie-r of the new and old Sign Ordinance, and
cor.►e back with a revised version. Ebtion carried uuaairrousily.
2, I•.etro,.olzt..n Syste-ri State-rent (Re,s_.._ut _on No, ?? ) �
i Ulstad spoke to the I•:eno of June 17th from Planning Director �<
and Plnnning Consultant regarding recoranendations on t•Ietro System
` Statement.
1
U)TION: Osterholt moved, seconded by P:eyers, to adapt Resolution 7?-88,
` requesting hinds from the Ietropolitan Council for Comprehensive Planning.
I•iotion carried unanimously. ''
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U. Report of Director of Cor_nunitr; Services
Recer+:.endntion from the Pnrks. Recreation e I?atural Resources Coirsnission �t
u on Cnsh Pnr3: -Fee rind from :its• Attorncv ns to whit can be enforced.
Ulstad reported that the Commission has reviewed the item, and they have
requested additional time to develop recommendations .
I.DTION: Bye moved, seconded by Osterholt, to continue the Cash Park ,+
' Fee recor.=:endation from FR & TIR Commission until the meeting of Aug. 2. �.
a r I•Iotion carried unanimously.
City Council Minutes - 10 - Tues., June 21, 1977 !
E. Report of Dirnetor of Community Services (continued)
2. Rncorcnennation of the P,rks, Recrention & 2Saturzl Resource, Corurission
for nl ity Analysis of Round Lake
Director of Car--mnity Services Jessen spoke to his Memo of June 17th
and answered questions from the Council.
I•I)TION: roved, seconded by Bye, to authorize the Staff to
draw up an aSreement of scope, cost, plan of action, and plan of
aCreemcnt aith Riley/Purgatory Creek Watershed Districts for a water
quality study at Round Ixake. I-Iotion carried unnnirlously.
3. Roco=,cndntion of the P.?rISs Recreation i,- I•I aturnI Resqurcez Co.:•�ni^lion
t0 1T)^aisn r•. P-i_^IitIOI'r o-,3 :^,;►.^•rail)"!j ^1tf?�: 1-L�r^�RZO� .. 2 ��'Oyyicll.
3) 1;'id6cn lords, nnci 4) Clr!d �Rocic.
Jessen spoke to his '•.emo of June 17141h, and reco=cnded proceeding with
the independent appraisals.
Osterholt requested specifics on these sites in case there are options.
Jensen resi o.zded that he could work with the appraiser to develop op�-
tions in each of the four areas.
I`cCTIGIi: Osterholt moved, seconded by M.eyerss to accept the reco=enda-
tion of thie P=I. & NRI Co-m-nission for proceeding with appraisals on
certain neiaiiborhood pane sites as listed in l,emo of June 17th. s
I'Antior. carried unanimously.
F. Report of Citv _Engineer
1. Consi..der ,bid;; for bituminous paver and roller, 1.3, 51-307
City Engineer Jullie spoke to his Memo containing a sunmary of the
sealed bids received on June 19, 1977, for a tow type biturunous
paving nachine and a static, steel drum type roller. .
MT ION: Osterholt -moved, seconded by Meyers, to accept the bid from
Road Machinery and Supplies Co. , as per Julliets recommendation.
ROLL CALL VOTE: All voted "ayes'. A:otion carried unanimously.
2. Ro-ceiye tLAatcd feasibility resort for Scenic Feirhts Rond lm.nrove-
n2ents, Ixi. �1.-270 (Resolution I:o. 77-57
Jul l i e spoke to the request for hearing on July 19th .and to changes
in cost of the project.
MOT.IXON: Pauly moved, seconded by Osterholt, to approve Resolution 77-872
receiving revised feasibility report and calling, for a hearing, set
for July 19th, as per Is. Jullie's recommendation, I-'.otion carried
unanimously.
/ G. Rc ort of Finance Director .
i 1. Proposed settlement of 1973-72 reservo capacity charfes for the
Yetroml itan 141,n,te Control Co>c:znission
Ulstad spoke to 2detropolitan Waste Control Commission reserve
.Ly +.utL1�11 :.:_r:uius - _U -- '.Lues., jullc 2,l, 1,>i7
].. Proposed settler.,ent of 1271-72 reserve enrncity charges for MCC (coned)
capacity charges to Eden Prairie for 1971 & 1972. He spoke to alternative
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proposals for settlement as outlined in report submitted by Finance Director Frane.
a
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Finance Director Franc answered questions on his proposal of SAC payments.
Penzel requested an opinion from City Attorney Perbix on whether the City 4
can assess undevelopable lard, and what ara our altcrnatives.
I-IUTIOW: Osterholt moved, seconded by lleyers, to request meeting with
the IJetropolitsn Waste Control Coirnission at .Tuly 19, 1977 Council
meeting. Motion carried unanimously.
2. Nyrrnt -of_Clning_os, 59 - 6080
MO 101:: Osterholt moved, seconded by :Meyers, to approve Claims List
vubrritted by Finance Director Frane. ROLL CALL VOTL: All voted "aye",
motion carried unanimously.
3. Clork_t_:- L-i.ceinn List. Dated June 21, 1977)
110TIGI:: Meyers n.,oved, seconded by Osterholt, to approve Clerk's License `.
List cf June 21, 1977. lotion carried unanimously.
VIII. NIF11 FUSM-IISS
A. to fornal ?ublic I earinr, :couest by 2•:r. & l rs. Fusty Irvine F
for July, 1c,1th.
MOTI614: Moyers noved, seconded by Pauly, to set July 19th for Public
I:earinr:, z,rith the understanding; that if the Planning- Commission has no ;
recor-ondation, it would have to be continued. ?-:eyers withdrew her notion. C.
MOT201% Osterholt roved to set Au,-. 2, 1977 as date of Public Hearing
as per request of I-Ir. C'A 1-Irs. Dusty Irvine. r:otion carried unanimously.
B. NPITB PenUest for Additionnl Converisntion, Schooner F3oulevnrd Project,
Jullie spoke to proposed settlement and to revised City Staff recommended
offer of �?39,545.70.
MOTION: Osterholt moved, seconded by Bye, to refer report to City Attorney,
to compare with contract, and to pay only the claims that are clearly
substantiated. Motion carried unanimusly.
n. ADJOURONT ;I•T
MOTION: Osterholt moved to ad joi)rn at 11.:45 FM, seconded by Meyers. I-lotion
carried unanimously.
ITY OFFICES / 8950 EDEN PRAIRIE ROAD / EDEN PRAIRIE, MINNESO' A 55343 / TELEPHONE (612) 941-2262
NOTICE
TO WHOM IT I-UkY CONCERN:
The notice previously sent announcing the tLme and _place of the hearing
on the paying of Riley Lake Road was in error. The time is 7 :00 P.MS,
not 4: 00 P.M. on Tuesday, -.tune 21 , 1977, at City mall.
Engi.ncering Department
CITY Or EDEN PRAIRIE
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