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City Council - 04/08/1969 - Village Meeting tIINUTES EDEPd PRAIRIE V=,AIGE COUNCIL Tuesday, April 8, 1969 7:35 P.M., Village Hall The meeting was called to order by Mayor Osterholt at 7:35 P.M. The invocation was given by Rev. Keiski. The Council and audience joined Mayor Osterholt in the Pledge of Allegiance to the flag. Meyers Present: Mayor Osterholt, Messrs. Haugen, :Nesbitt, Redpath, and Shultz. Also present were W. Harlen Perbix, Attorney and George C. Hite, Village Manager. I. NIINLTI'ES OF MAIU1 25, 1969 The minutes of March 25, 1969 and April 1, 1969 were unanimously approved upon motion by Warren Shultz and second by Rolf Haugen. II. PUBLIC HEARING A. Proposed Zo ' Ordinance ir ied to wril 22, 1969. Mayor osterholt use Village was EURUtting the proposed zoning ordinance to both the League of 11innesota 11micipalities and the American Society of Planning Officials for review and comment, the public hearing on the ordinance was being continued to April 22,. 1969 at 7:30 P.M. Mr. Lloyd Irving reccuu a ded to the Council that they mail out a questionnaire to all residents on the matter of the proposed reduction in the minimum residential lot size. Mr. Bill MoCubrey asked about the procedure for amending the Ccuprehensive Guide Plan and was advised by Messrs. Hite and Perbi.x that the procedure would be the same as that followed in its initial adoption. Mr. Hite added that the Guide Plan would be continually reviewed and that it would have to be modified as circumstances under which it was originally adopted, change. III. PETITIC[NS, ROQUESTS AND CaM UNICATIONS A. Dale Larsen. Request For Notice Waiver. Nolte-vs-Village of Elden Prairie. 14r. Larson's request that the statutory 30 day notice be waived in the instance of this litigation. This was referred to the Village Attorney for review. IV. FdXX) RIMATICNS AMID REPORCS A. Duck Lake T r Overflow. P ess rt. Mr. Hite reported that the constructlon of the tenporary overflow on Duck Lake had been stopped by the Milwaukee Railroad pending their review and approval of the proposal. The Railroad was to advise the Village as to its decision on April 9. The remaining work would take about a day and a half to aeoarriplish. The elevation of the surface of Duck Lake has risen approxi.nately one foot since the middle of March. Mr. Hite said that immediate relief is necessary. i B. Ilighway 169 Stud . Progress Re I,4r. Hite said that the report by the consultant in the matter of the Highway 169 location would be presented to the Highway Department on April 23rd. The report would not include a recommendation by the consultant as had been originally intended. Following its receipt of the report, the Highway Depa x-brent intended to schedule a series of public hearings on the matter. The consultant would submit a recommeidation following the hearings. April 8, 1969 Village Council tii.nutes Page ZU C. atory-RiLeX Watershed District Bear' rt. A brief report on the hearing conducted by the Water Resources Board on the petition to establish a Purgatory Riley Watershed was presented by Mr. Hite. Fie noted that the Board intended to take action on the matter in about a month and that the options apparently available to the Board were restricted to those presented in the petition. These did not include a possibility of enocmpassing the Purgatory-Riley watersheds within the t bower Minnesota Watershed District boundary. D. Dog Control. 2 port and Recaamendations. Mr. 11ite recommended that the recently formed Citizen's Advisory Carmission be asked to consider the subject of dog control within the Village and specifically to determine whether or not a leashing ordinance was necessary. Fie reported that a number of residents had phoned asking that the Village do something about the problem of dogs jump=y on and biting children, chasing cars, and otherwise being a nuisance. Four dog bites and the killing of two tame deer by dogs had been reported. Mr. Hite added that he had revised the dog catcher's schedule so that the dog catcher would be in the Village on a four hour rather than a two hour shift basis and that the dog catchy had been instructed to pick up all unlicensed dogs plus any or all dogs on school property, chasing cars or bothering children. He noted that only 85 dog licenses had been issued and he was certain there were many times that number of dogs in the cocmmuhity. He added that the tagging procedures set forth in proposed Ordinance No. 133 would permit the Village to issue a violation tag to the owner of a dog in violation of the dog f control ordinance. He expected that such a tagging program would be far r more effective in dog control than the present practice of picking up the dogs. The Council expressed its support of the Manager's dog control Program and indicated that it would refer the subject to the Citizen's Advisory Commission for review and report. E. islati.oah. Report and Reoa mendation. l Pu lic 4 ees or Relations Act. A resume I o r��.i t e proposec Employees Labor Relations Act was reviewed JOY the Council. The Manager noted that lie felt legislation of the type proposed was necessary and the Council should give the matter consideration and advise local State legislators as to Eden Prairie's position on the subject. Following sortie discussion, the Council agreed to consider the matter again at its April 22 meeting. 2. iiighwa Consent. !' Z.ie Council also reviewed the proposed Highway Consent Legislation and asked that this matter also be placed on the April 22 agenda. F. Fire Station and Public Ubrks Buil Site Selection. "Lie Village ger s report and reccowenclation as o—o—n=irvad in a memorandum, dated, March 25, 1969, was reviewed by the Council. Mr. Hite reported that he had discussed the memorandum with the Chief and Assistant Chief of the Fire Department as well as the Village Planner. He re-affirmed his March 25th recommendation adding that the reocmmendation was based on what he considered the needs of the community would be over the react five or ten years an the ?April 8, 1969 Village Council Minutes Page three area of fire protection and public works services. Mr. 1itchell, Fire Chief, carmented that although the firemtien recognize the initial cost savings .Aiich aught result from the combination of the public works building and the fire station on the scene site, they, nev ertheless, did not feel that the site recor, m nded by :fir. Hite was appropriate. lie noted that the difficulty firemen would have raching a site on Highway 5 because of the traffic on that roadway was an important consideration and that any proposal to re- design the building or to locate it on a site other than the one initially proposed would result in a delay in the construction of the structure. He added that he felt the Village would have to build a second station within the five year period. At that time, he noted, the portion of the Village which would not be adequately served by the station on County Pioad #4 side could be so served. Mr. Hite noted that the observable trend in fire station design and site distribution was to have stations serve larger and larger z' areas, particularly in suburban situations, and that in view of this trend it would be difficult, if not impossible, for the Village at this time to accurately and finally determine either the number or the location of the stations needed to serve the Village when fully developed. He re-emphasized his previous rec mTe-ndation to both the Council and the Fire Department that the primary effort over the next few years should be devoted to equipment and acquisitions and firemen training, and that investments in permanent fire stations should be deferred as long as possible. He said his reeortnended proposal to construct a t r orary fire station facility on a site at Mitchell and Highway 5 would provide adequate facilities for housing the equipment and training the men. 4 Mr. Shultz moved that for the reasons cited in the March 25 report, the Manager be authorized to negotiate for the purchase of property for a fire station and a public works building in the general vicinity of Highway #5 and Mitchell Road. Mr. Nesbitt seconded the motion. Mayor Osterholt said he would vote in apposition to the motion because he felt the public works operation would not conform to the objectives of the SI zoning existing in the recommended area plus the fact that he felt that many of the residents who voted-for the fire station and equipment bond issue were under the impression that the building would be constructed on County Road #4 at Valley View road. Mr. Haugen indicated that he would also vote no on the motion because the recommended site would not provide, at least initially, as short a fire call response time for the established neighbor- hoods near Baker Road as could be provided from a station located on County Road #4. on roll call, Messrs. Shultz, Nesbitt and Redpath voted aye. Mr. Haugen and Mayor Osterholt voted nay. Motion carried. V. ORDINANCES AND RESOLUTIONS A. Ordinance No. 133. Establis violations Bureau. First Reath . ix presented first rea=q of a proposed ordinance wfuchd establish a violations bureau. He noted that the ordinance had been suggested by Mr. Hite and that it would primarily provide for a tagging procedure for April 8, 1969 Village Council Minutes Page Four violation of Village ordinances. It would not in any way, he added, diminish the right of an individual to appeal a violation charge to the County Court. He noted that the approach was unique in the district served by the Wayzata County Court facility, although it was found in a number of municipalities served by other court districts. Mr. Nesbitt moved that the Council approve the first reading of Ordinance #133. Mr. Shultz seconded. All voted aye. Motion carried. VI. FINANCES Alit of Vouchers 6128 h 6205. V g o 6205 were ealdited by the Council and approved for payment upon motion by Mr. Haugen, second by Mr. Pedpath and unanimous aye vote. Notion carried. B. Cash and Investment t -- March 31 and ril 6 19G9. . accepted for filing. Mr. Haugen said that he felt the cash balances could be reduced eve:: further. Mr. Nesbitt seconded Mr. Shultz's motion. All voted aye. Motion carried. The meeting adjourned at 9:15 P.M. Edna M. gren, er t i 4 i E j 1 I j