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City Council - 03/25/1969 - Village Meeting 14INUfES EDEN PRAIRIE VILLAGE C=JCIL Tuesday, March 25, 1969 7:30 P.M., Village Hall The invocation was given by Paul Redpath. The council and audience joined Mayor Osterholt in the Pledge of Allegiance. Members present: Mayor Osterholt, Messrs. Haugen, Nesbitt, Redpath and Shultz. Also present were W. Harlan Perbix, Attorney and George C. Hite, Village Manager. I. MINUTES OF MARCH 11, 1969 After correcting two s—p—elTing errors and noting that the Council had "reviewed" rather than "accepted" the Cash and Investment reports, Mr. Redpath moved that the minutes of March 11 be approved. Mr. Haugen seconded. All voted aye. Motion carried. II. SALE OF $875,000 90LTI'fb= SANITARY SEWM DISTRICT BONDS. The Manager presem-tea 5Ff idavits ing PMlicaticn in the official newspaper and in the Commercial West of notice of sale of $875,000 Southwest Sanitary Sewer District Bores of the Village, bids for which were to be considered at this meeting as provided by resolution adopted on February 11, 1969. The affidavits were examined and approved and ordered placed on file. The Manager reported that one sealed bid for the purchase of the bonds had been received at his office at or before the time stated in the notice. The bid was then opened and publicly read, and found to be accompanied by the required bid security. The purchase price, coupon rates and net interest cost under the tern of the bid were reported to theCouncil to be as follows: Bidding Accaaunt Coupon Rates Purchase Price Piper, Jaf fray & Hopwood (Manager) Bonds maturing in $860,000.00 Dain, Kalman & Quail, Inc. 1970-83, 5.90% First National Bank of Minneapolis 1984-85 6% Northwestern National Bank 1986-98, 6.10% Allison-Williams Company all of Minneapolis, Minnesota Net interest cost: $1,063,037.50 First National Bank of Saint Paul Net interest rate: 6.15807% The following statxsent included in the proposal submitted by said bidder was noted: "We recognize that the interest rates and purchase price specified above do not eonfoznm to the terns stated in your official notice of sale. However, in our judgment# this is the most favorable purchase proposal which is possible for us to make in the present state of the bond market:. 7hi.s pro- posal, if accepted, is conditioned upon our receiving an opinion fran your bond counsel on or before March 28, 1969 that the bonds may be legally issued and sold in accordance therewith. In the event that such opinion cannot be given by said counsel on that date, you and we shall be released fray all obligations under our purchase agreement unless we agree with you in writing 1 to an extension of the time within which such opinion may be furnished." j March 25, 1969 Council %Si.nutes Page two After consideration of the purchase proposal and statement, upon rwtion duly made, seconded and carried, it was determined to proceed with the sale and issuance of the bonds, subject to the opinion of bond counsel and the further terms stated in the proposal. Men}:-A-ar Shultz then introduced Resolution No. 272, entitled "Resolution Authorizing, Selling and Establishing the Terms of $875,000 Southwest Sanitary Sewer District Bonds," and moved its adoption. The motion was seconded by Member Nesbitt, and upon vote being taken thereon, the following voted in favor thereof: Osterholt, Redpath, Shultz and Nesbitt and the following voted against the same: Haugen whereupon said resolution was declared duly passed and adopted. III. DTLI DU=IONS A. Board and officers of Eden Prairie Teen Council. T Sr. Li , o Par Qamu.ssion, and T-Sr. Dorsey Holt, Teen Council Advisor, introduced Mr. Ron Allar, recently elected President of the Eden Prairie Teen Council. Mr. Allar introduced the other officers of the Council. IV. PUBLIC Fff'.F,R S A. Eden Prairie Zoning Ordinance. Presentation by Manager and Attorney. Discussion. Action i . Messrs. Hite aril Per 1x presented the proposed new zoning ordinance and recommended certain changes as set forth in a memorandum dated, March 20 to the previously submitted January 7 draft. The Council discussed at some length the content of the proposed ordinance especially those sections i dealing with residential minimum lot sizes, mobile have develcpnent, outside storage in industrial districts, rezoning procedures and the ability of the Village to defend the ordinance if it should be legally contested. It war agreed that the Council would meet with the Planning Ccnrnissicn on April 1 at 7:30 P.M. to review the Camnissi on's reccwmenclation on this matter. Mr. Haugen moved that the hearing be continued until 7:30 P.M., April 8, 1969. Mr. Redpath seconded. All voted aye. Motion carried. B. Don Anderson. Request for Approval of nE222 t� Division. Washington. -P_ ,path . + �--Verson s proposed c vIsion of acTZ4'�- inr. �aatn rnvea u�az car. Section 1 into two parcels by either simple division or subdivision be approved. The land is located on the west side of Washington Avenue about 1/4 mile south of T.H. 169. Mr. Haugen seconded. All voted aye. Motion carried. V. RECONVUaMATIONS AND REPORTS ` A. Puratory EZ--Riley Creek Watershed District. Mr. Hite presented a memorandum dated, March 20, 9, reviewing the petitioned establishment of a Purgatory-Riley Watershed District and reccnmending that the Village support the petition. Mayor: Osterholt and Mr. Nesbitt said they felt the individual and oollective n uiicipalities within the watershed were themselves capable of properly managing and planting the watershed and that on this basis another goverrsaexital unit could not be justified. Messrs. Shultz and Redpath said they concurred with the manager's opinion that it would be difficult to secure the active and continued support for watershed planting from all the municipalities involved. Mr. Shultz moved that Resolution No. 273 expressing the Council's support March 25, 1969 Council Minutes Page three for the establishment of a separate Purgatory and Riley Watershed District and the appoint^aent of District Board members closely associated with the municipalities be adopted. on roll call, Messrs. Shultz, Haugen and Redpath voted aye; Mayor Osterholt and Mr. Nesbitt voted nay. Motion carried. �z B. Fire Protection. Assumption of Primary Response Responsibility by k Vo uiteer Fire Department an April 1. MatualAid�rrgresz. Mr. Hite reported that the Eden Prairie Fire Department had reached a stage of readiness and ccoupetence through its training, experience and recent equipment puchases, that a change in policy resulting in the Department providing initial response to fire calls seemed justified. Effective April 1, the FJen Prairie Fire Department would be the first and only Department notified of a fire call and other ccam =itie.• would be called only if needed. Chief Mitchell reported that Eden Prairie was being given serious consideration as a possible nianber of the Southwest Fire League which meant that municipalities such as Fkopkins, Mirnvetonka, Edina and Bloomington would be willing to provide assistance to Eden Prairie if requested. C. Fire Station and Public tidorks BuiLdiM Site Proposal. In a manor arm, dated RUER 20, Mr. Hite r--commnaed EHFt the Village establish its fire station and ptf-)lic works building on approximately 10 acres of land near the intersection of Mitchell Road and Highway 5. The - .nciatlon was received for study by the Council. D. LAWCOC1 1969 lication Status. By letter, clated March T, 1369, Mr. Robert L. Herbst, Deputy Commissioner of Conservation, State of Minnesota, notified the Village that the lack of available 1969 funds made it impossible for the Department to grant any financial assistance to the Village this year. E. HUD Open Space Application. Mr. Hite reported that in antic atiorn of the 1969 LAWC CN application denial, the Council had authorized the preparation of an application for HUD Open Space Program funds. He then submtted the prepared application for $804,046.00 in funds and recammended that it be arprcmred. Mr. Haugen moved s the adoption of. Resolution Number 271 submitting the Village's request for FIUD Open Space Program financial assistance. Mr. Redpath seconded. All voted aye. Mot cn carried. VI. ORDINANCES AND RESOLLUTIONS A. Ordinance rio. 131. Mdin2Youth herbers to Advi2pr Ccramssions. Mr. Haugen moved approval of the second read' of Ordirkance No. 131 which acids youth members to the Village's Advisory Commissions. Mr. Shultz seconded. All voted aye. Motion carried. B. ordinance No. 132. Ordinance No. 132, extending the restriction on Ordinance No. 8 until the adoption of a new Comprehensive Zoning Cw ixk-nce or July 1, 1969 whichever is earlier. Mr. Shultz moved approval of the first reading of Ordinance IJo. 132. 1 r. Redpath seconded. All voted aye. Motion carried. The meeting adjourned 11 P.M. Edna M. fl6ImqjreneCIierk