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HomeMy WebLinkAboutCity Council - 03/09/1971 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, March 9 , 1971 7:35 P. M. , Village Hall Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt, Redpath and Lieb. Also present were Village Manager, George C. 14te and Village Attorney, Harlan Perbix. I. MINUTES OF FEBRUARY 9 and 23 , 1971 The Minutes of February 9 and 23 , 1971 were unanimously approved after making the following corrections. February 9, Item III-E, page 2 . The motion should specify that the Mayor and Manager rather than the Mayor and Mr. Redpath were to write to the Minnesota Pollution Control Agency. II. PUBLIC IMPROVEMENT BOND SALE A. Resolution Reestablishing Sale Date. Mr. Nesbitt moved the adoption of Resolution No. 407, reestablishing the sale date for Tuesday, March rt 16th at 7 p.m. at the Village Hall. Mr. Haugen seconded. All voted aye. Motion carried . III. PETITIONS, REQUESTS AND COMMUNICATIONS A. George M. Hansen Co. 1970 Village Audit. Council asked that this matter be placed on the March 23rd agenda for consideration. B. License Applications 1. Toe Ruzic - Set Up License. 3 . 2 Beer On and Off Sale. The Manager reported that he and the Sheriff's Department had discussed the operation of the Brandin' Iron with the applicant . He recommended that the requested licenses be authorized . Mayor Osterholt noted that the Council had been asked to consider a number of licenses applications for the Brandin' Iron over the past few months . He said he felt that the Council would be reluctant to reconsider the matter again. Mr. Ruzic and his attorney, Mr. Arnold, were present. They indicated that the property might be sold but that except for such an eventuality they did not contemplate that there would be additional license applications within the near future. Mr. Haugen moved that the license applications be approved, Mr. Redpath seconded. All voted aye . Motion carried. 2 . Blaylock Plumbing - Plumbing License. Mr. Redpath moved that the requested license be authorized. Mr. Nesbitt seconded. All voted aye . Motion carried. rr C . Don Anderson. Z-71-1 . 6800 Washington Avenue. Rezoning from I-5 Park to I-2 Park. The Manager presented the application along with a Staff Report dated March 1 , 1971, The Report noted the existance of com- parable zoning on adjacent properties and recommended that the s Council Minutes March 9 , 1971 Page 2 rezoning be authorized. Mr. Redpath moved the adoption of the first t reading of Ordinance No. 150 reclassifying Don Anderson property from I-5 Park to I-2 Park. Mr. Nesbitt seconded. All voted aye. a k Motion carried . The public hearing and second reading of the Ordinance were scheduled for March 23 , 1971. I D. Jess B. Cohen. PUD-71-1 . Southeast Ouadrant of TH 5 and County Road 4 . Planner Don Ripple appeared on behalf of the applicants and presented their Planned Unite Deve lopme nt Concept Plan for the Cohen, Standard Oil, Fuller and Stewart properties . Mr. Ripple noted that the Planning Commission had recommended that the Concept Plar, be approved subject to a number of conditions. Mr. Ripple advised that the conditions were acceptable except for the one specifying that the minimum depth of the office site be 225 feet. He presented a section of the property indicating how the office develop- ment could be accommodated within the proposed 210 feet. The Manager recommended that the proposed section be reviewed by the Planning Commission at its meeting on March,. 16th and that the matter be ;* resubmitted to the Council for public hearing and action on March 23 . The Council concurred in this proposal. IV. RECOMMENDATIONS AND REPORTS A. Advertising Sign Ordinance . Consideration of Proposed Ordinance and Planning Commission Recommendation on Location of Sign Zones. The Manager presented the Planning Commission's March 2nd recommendation with respect to the location of advertising sign zones within the Village. He also presented a series of slides and maps indicating the extent of existing signing along major roadways within the Village. He noted that approximately 178 signs had been inventoried of which approximately 100 were advertising. A number of people representing the sign industry were present. Re- presentative of Meyers Outdoor Advertising and White Advertising commented that they felt the proposed permit and license fees were substantially at variance with fees charges in other communities and that they should be reduced. A representative of National Outdoor Advertising indicated that his industry felt that signing should be con- sidered a business and permitted at any locationmhere business were permitted within the community . The Council asked that the proposed advertising sign ordinance be drafted in ordinance form and presented to the Council for first reading at its meeting on April 13th. They also asked that persons having comments or questions regarding the proposed ordinance contact either the Village Manager or Attorney during the intervening period. Council Minutes March 9 , 1971 Pag e 3 B. Legislation 1 . House File 193 . Notice of Proposed Assessment. Mr. Redpath moved the adoption of Resolution No. 408 a resolution advising the State Legislature of the Council's opposition to House File 193 . The legislation would require that assessments be certified at the time the project is authorized. The Manager had recommended that the certifications be held until such time as the Council has awarded contracts for the construction of the improvement, Mr. Lieb seconded. All voted aye. Motion carried. 2 . Senate File 469. Public Employee Labor Relations. Mr. Lieb moved the adoption of Resolution No. 409, a resolution expressing the Council's support for the position taken by the League of Minnesota Municipalities with respect to Senate File 469 (Public Employee Labor Relation Legislation) Mr. Redpath seconded. All voted aye. Motion carried. 3 . House File 54. Abolition of Township Relief System. Mr. Haugen moved the adoption of Resolution No. 410 , expressing the Council's opposition to legislation abolishing the Township Relief System. Mr. Nesbitt seconded. All voted aye. Motion carried . C . C . &N.W. Railroad Co. Sewer Crossing agreement. Mr. Nesbitt moved that the Mayor and Manager be authorized to enter into an agreement with the railroad providing for a sanitary sewer crossing of railroad right-of-way in section three , subject to approval of the agreement by the Village Attorney, Mr. Redpath seconded. All voted aye . Motion carried. D. Exchange of Deeds for Flesher Property. The Village Attorney advised the Flesher's attorney had asked that a revised deed be submitted for the deed previously given to the Village for the Flesher property of Starring Lake. He recommended that the Council exchange the existing deed for the one now offered by Mr. Flesher's Attorney. Mr. Redpath moved that the Attorney be authorized to exchange the deeds for the Flesher property. Mr. Nesbitt seconded. All voted aye. Motion carried. E. No Burning and Refuse Disposal Ordinance. The Village Manager presented and briefly reviewed the content of a proposed ordinance providing for the regulating the disposal of refuse and garbage , licensing refuse and garbage collectors and for the alleviation of air pollution. The Manager advised that the Ordinance would implement the State Pollution Control Agency' s Open Burning restrictions within the Village. He noted that the proposed ordinance was similar to one currently under consideration in the City of Minnetonka. Mr. Lieb moved the adoption of the first reading of Ordinance No. 151 and establishing the date for the second reading as March 23 , 1971. Mr. Haugen seconded. All voted aye. Motion carried. Council Minutes March 9, 1971 Page 4 V. CONTRACTS AND PURCHASES A Sanitary Sewer 71-7-01. TH 5-1. Award of Bids. The Manag er reported that the bids received on February 22nd had been reviewed and the qualifications of the apparent low bidders had been investigated. He recommended that the contract for Sanitary Sewer Project No. 71-7-01 be awarded to the low bidder Northern Contracting Company in the amount of $687, 194.00. This award would also be subject to the approval of the Metropolitan Sewer Board, and the appropriate Federal agencies. Mr. Nesbitt moved that the Council authorize a contract with Northern Con- tracting Company as recommended by the Manager. Mr. Redpath seconded On roll call, all voted aye . Motion carried. B. Sanitary Sewer 71-7-2. Award of Bids. The Manager recommended award of the Contract for the installation of Sanitary Sewer Project No. 71-7-02 to the low bidder, Minn-kota Excavating Company, in tie amount of $200, 454.80. Mr. Redpath moved that the contract be awarded to Minn-kota Excavating Company as recommended by the Manager. Mr. Haugen seconded. On roll call, all voted aye. Motion carried. VI. MEETING WITH 7.NDUSTRIAL COMMISSION The Council and members of the Industrial Commission met jointly to discuss the Commission's recent request for advice and communication with the Council concerning the duties of the Commission. Mayor f Osterholt commented that he felt that the Commission should retain the initetive to undertake those projects which the Commission felt would be of assistance to the Council and to the community. The Commission members expressed their continuing willingness to serve but indicated that they felt that their service had not been used as well as they might } have been in the past. 7 Following a thorough discussion of the issues involved, it was agreed that the Village Manager would take appropriate steps to see that the Commission was kept abreast of developments within the Community and would prepare for consideration by both the Council and Commission a list of possible projects which the Commission might undertake. Mayor Osterholt expressed the appreciation of the Council to each of the Commission members for their active service. � i r Council Minutes March 9, 1971 Page 5 V11 FINANCES A. Audit of Claims 8489 through 8579. Mr. Haugen moved that claims 8489 through 85 79 be authorized for payment. Mr. Redpath seconded. 4n roll calll, all voted aye. Motion carried. B. Cash and Investment Reports Dated February 29 and _March 9, 1971 The Council reviewed these reports. M Meeting adjourned at 11 P. M. 4 k� ■r�.r�. �. i Edna M. Holmgren ,YC ack