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City Council - 04/22/1969 - Village Meeting t FIXZ1 PRAIRIE CC.dCIL Tuesday, April 22, 1969 7:30 P.M. Village Hall The meeting was called to order by illayor Osterholt. The invocation was given by David Osterholt. The audience and Council joined him in the Pledge of Allegiance. PRESIIJT ;dLRI : Mayor Osterholt; Councilmen Haugen, Redpath, and Shultz. Keitli Simons, Attorney and George C. Hite, Village l7anager. I. '',MJLnT!,S OF APRIL 2, 1969 11 iP minutes of April uvere approved on motion by Warren Shultz and second by Rolf iiaugen. All voted aye. Motion carried. II. PUBLIC l2;iV?ITIG ?1. Propose zoning ordinance. Mayor Osterholt t announced that Councilman Ralph Nesbitt had requesteu ttrat the scheduled public hearing on the proposed zoning ordinance be continued until May 13, 1969 because his being hospitalized. e1r. Redpath roved that Cae hearing be continued until Inlay 13, 1969 at 7:30 P.M. Air. Shultz seconded. I . Rolf iiaugen presented and read his written ccnT rentary on the section of the proposed ordinance dealing with the ndnimtrn lot size in the residential distrycts. The ccumentary entitled, "The Question of Lot Size", Gras distributed to all present. Mr. Redpatli's notion for oonti.nuation of the hearing until May 13, 1969 was unanimously approved. III. PiTl'I`eIWS, R=BU.lIS AND C 014,U liCATIONS A. human Idc} is Carmission. Request For Council Support of Pending Legislation. :Mayor Osterholt, at the request of the Eden Prairie Human Rights Cc mi.ssiorr, { presented a summary of proposed Human Rights Legislation being considered 3 by the l bzu-iesota house and Senate. The bill under consideration is Senate File 41223. The Mayor announced trrat the Human Rights C im-ission had asked the Council to review the sumery and to consider taking a position on the proposed Dill at their next meeting. 13. American Legion Post #409. est For Club Li. or License. Mr. I ate presentedan letter addressed to a Village un 1 and signed by i-Ir. lienry J. Each, C:c mnander of American Legion Post #409, r�xstinig that the Village Council issue a club liquor license to the Post. i;eith Simons, Acting Village Attorney reviewed. the State laws relative to the issuance of licenses of this type and recommended no action be taken on the request until such time as the Village Council had adopted an Ordinance governinq liquor licensing in the Village. 14r. Jim Brown, member of Post i #409, then presented a copy of the original charter of Post #409, dated 3 January 1920, as well as plans for the proposed enlargement of the club ¢ building. IIe noted that the club was located on approximately 1 and 1/2 acres of land vhr.ich he said the Legion felt would be adequate to acccmrcdate t1-Y2 expanded facility. lie reported that the Legion was ready to proceed with i { it's plans as soon as it could arrange suitable financing. The Council April 22, 1969 Council _'•Iinutes Page t .?o directed the -',janager to contact other issuing club licenses to determine tieir experiences with club licensees and to obtain ordinance provisions regulating them. '11ye request was continued to the meeting of i•av l3th. C. ;1. Gordon Smith Oil Co. Request For Building Permit Under Ordinance 132. 14wjuest of the tv. Gordon Stith nil Co. for a building permit to erect a 3600 square foot warehouse facility on the west side of T.H. 169 north of the oil tank area was presented by 11r. Burt Sutton. lie indicated that they propose to oonstruct a steel Luilding on the property amid would be warehousing autcnotive supplies and products. 1Ar. Nits noted that the present zoning of the property is RC which did not permit warehousing and that Ordinance 4132 prohibited the building inspector fr+cnt issuing a ' building permit other than for residential purposes until such time as the new zoning ordinance was adopted. He reccrmended that the request be v continued until such time as the new zoning ordinance was availa.. e. Mr. Aadpatn moved that the penni_t request of the W. Gordon Sr_tith Oil Co. be continued until IMay 13. I,9r. Shultz seconded. All voted aye. Motion carried. f B. Creighton 2 any. 2�4st For Preservation of Industrial :coning in Area Tort o .11. 5 and eviest of Mlroad. — � i`Ir. tizte presenUM a letter addressed to the Council from Mr. William i,IcCubrey requesting the Council to maintain the irdust:,rial zoning along the north side of T.H. #5, west of t.Im: Chicago Northwestern Railroad. A portion of the property is presently zoned 14-2 although thA Comprehensive Guide Plan suggests residential zoning in that area. Mr. NIcClabrey's letter was accepted and will be given additional ccnsideratIon at the tine the zoning classification of prcperti.es appears before the Council. E. Federal Aviation Administration. Request For Approval of Markers on NSP 1~ransrtn ssion Lines. A letter dated 2kpril 11, 1969 addressed to the Villag i, anager and signed by 11r. L.C. :,,yorse, Jr. , Chief of the Air Traffic Branch of the Federal Aviation Ac7rAnistration was presented to the Council. 'l'he letter asked the Council to approve the installation of t1e visibility markers on the recently installed LNort fern States Power 345 KV high line east of Flying- Cloud Field. `, ie line is located adjacent to acnw card Hills Ro&l. Mr. Hite noted that the letter indicated that the towers slid not conflict with FAA air space regulations. The request from FAA was based upon ccnplaints tI iey had received from pilots using Flying Cloud Field. lie also noted tJ iat at b ie berme the NSP towers were under consideration, FAA and the etropol it an Airports C c r:dssion had been requested to review the proposal. u it that time they indicated the teasers did not eonsitut:ae a nienace to air traffic. 11r. R 43ath rrroveu that the Village 1,%nager be directed to write a letter to FAA stating the Village Council's objection to the proposed visibility markers noting particularly that the FM and NBC had previously approved tmw er installations and had not required that they be marked. Mr. haugen seconded. All voted aye. Motion carried. IVril 22, 1969 Council ii.nutes Page tixee IV. 1' S 1U- T1A I(Y 1S :.1) R�Rrs A. lio to vs Village of Eden Prairie. est For Notice Waiver. i-ir. Keith Sinuns, Acting Vil e Attorney, reporters that Mr. Per iX is in contact idti tie attorneys for boti the Village's insurance carrier and tiie tlolte's. Mr. Simons reccr vended that the Council defer to the desire of tive attorney representing the Village's insurance carrier on t-L i.s natter. `flue. riatter was tabled. B. Lx and of Review 1,1eetin Date - June 24, 4 P.1.1. 1r. Redpath ubved that toe Village's o Review ruing be held on June 24ti, 1969 at 4:00 P.A. in the Eden Prairie Village Hall. Per. haugen seconded. Alil voted aye. 'Sotion carried. C. Southwest Sanitary Sewer District - Proposal For Accelerating Construction Program. :Messrs. Hite S Zultz as Wen Prairie representatives on the Southwest Sanitary Sewer District Hoard reported on the proposal currently before the Board which would accelerate the District's construction program. They indicated that those proposing the acceleration had justified- it on the basis that the passage of the proposed Metropolitan Sewer Bill would encur&-er the ability of the Southwest District to award contracts. Mr. Hite further reported that he had discussed this possibility with the author of the Metropolitan Bill, Senator Ashbach and with the staff of . the 1-1etrr4:)olitan Council and that both had positvely staged that the t passage of the Metro Sewer Sill would have little, if any, effect on the ability of the Southwest District to proceed with its construction or contract awards schedule. Mr. Hite further noted that no evidence had to date been presented to tive Board relative to the financial and engineering feasibility of the accelerated program. For these reasons he reoomnended that Eden Prairie formally object to the accelerated program. Mr. Shultz noted that Eden Prairie was fully Prepared to proceed with the development program prepared and approved at the time the SSSD was established, but there seerced to be little justification for the accelerated program now being proposed. Mr. rtedpatli novel that the Village Council advise the Southwest Sanitary Sewer District Board that it fully supports the position of objection taken by the Eden Prairie Board representatives. Mr. Shultz seconded. All voted aye. Dk:)tion carried. D. i22islaticn. Determination of Village Position. 1. Folic LXp,!p ees Actions Act. Ivir. i ii~te reported that the PMlic Eviployees Labor Relations Act has been substantially amended since the last Village Council meeting and recamvmaed a that a summary of the revised bill be prepared and sent to the Council for their consideration. He briefly stated the contents of the revised bill aril reecxamended that the Council seriously consider giving it its favorable support. P 2. i-iigln_a�a�Consent. The Council revzewea the proposed Highway Consent. Legislation and indicated its general support for the bill except for those sections establishing s file Adjustment Panel which the Council felt should be composed of April 22, 1969 Council i Zi.nL'tes Page four IL representatives selected by the Highway Department and the municipality. A third r.arber of tie Panel should be selected by the first two and in the event that cannot be done a district Judge from the district in which the dispute is located should appoint the third member. Mr. Shultz moved that the Village Council advise its Senate and House Representatives that it supports t11e Fiic#iway Consent Legislation currently under consideration except for the make up of the Adjustment Panel. Nx. Redpath seconded. All voted aye. motion carried. litan Council Garment on Vi 's � rehensive Guide Plan. emetrcpolitan Couha Re err ttee s statt convent on the i age's Ccnprehensive Guide Plan, dated April 15, 1969 was reviewed by the Village Council. Mr. Hite noted that the Referral Camii.ttee had directed its staff to rewrite the report, taking into account score of the corrections and other material su1mutted by Mr. Don Brauer and himself at the Referral Co m ittee meeting. F. 14e litan Council Co orient on Eden Prairie-Chanhassen z2aiM Conflict. The Village Council aso reviewed the Metropolitan Council Referral Committee's comnent on the Eden Prairie - Chanhassen zoning dispute over the prope--ty located on the south side of State Highway 5 along the Eden Prairie - Chanhassen boundary. kir. Hite summarized the report by saying that it found the Chanhassen zoning to be unfortunate but probably unchangeable, and that therefore; the Village should adjust to it as best it can. The Referral Committee did revotttc nd that Chanhassen treat the adjacent Eden Prairie property as if it unre residential for the purposes of establishing set backs, etc. and the restrictions on fine industrial property in Chanhassen ewould be similar to those used in Eden Prairie noting specifically thatoutside storage should not be pexmitted. In addition, the Referral C imittee recxr<rvxxied that Cri nhassen require the developer of the area to set aside tree right-of-way necessary for the roadway proposed along the east side of the site. G. Found Lake Park. First Phase llevel t Pro sal. Tie proposed first opment of the Romxl Lake Park. Site was presented by Mr. Rite. He reviewed the FDund Lake overall Development Plan noting fiat the first phase consisted only of a portion of the swimning beach, a hockey and ice skating area, a ball field and related parking and access facilities. The estai.mated construction costs for the first phase would be $36,000. The Council noted the existence of a resolution fran the Park Calmission reconymm ing the first phase project be approved. Mr. Redpati raved that the Village :Tanager be authorized to prepare construction drawing and secure bids on the first phase of the Fmund Take plan. Mr. Shultz seconded. All voted aye. Motion carried. i April 22, 1965 Council Minutes Page five 11. Park Land Purds:ase. H Anderson Lake. TIE late reCUMTenLIeCI that tne Villageapprovinately 5 1/2 acres of land owned by i-Jr. Phil Heppes on the west side of CoLmty Pced #18 just north of the Anderson Lake. Reoomawxdad purciaase price was $15,000. Mr. Redpath nuved that the Village Manager be authorized to purchase the Heppes property to consist of not less than 5 acres of land at a price of $15,000. TM,r. Shultz seconded. on roll call, all voted aye. Motion carried. Ration For Firemen Vbile Attending Schools anad Conferences. Mr. HIte reported That he wi to encourage the Volunteer Firemen to attend schools and conferences relating to their job skills and responsibilities but that scmeti.mes it was difficult for the men to attend in that they were not campensated by their regular erplcryer while they are away at the schools. fie recommended that the Village establish a policy of compensating volunteer firemen for logs of income and expenses for attendance at schools regardless of length. Bloomington pays $20.00 a day plus expenses; Minneton,a, $15,00 a day plus expenses; Golden Valley, $25.00 plus expenses: and, Chanhassen, expEa� cnl y. i Mr. Shultz moved that the re co anendation of the Village bUnager be approved. Mr. Haugen seconded. All voted aye. Motions carried. ' V. OMINANf.ES AMID FTESC7LUT'IC NS A. No. . Fstabli Violation Bureau. Seoond Ple r NO. 1.53 tollaRIngreadwtg, DW. Shultz moved the approval of the second reading of Ordinance No. 133. Mr. Rsdpath seconded. All voted aye. Motion carried.. The meeting adjourned at 9:30 P.M. Eana. M. HbLmgren,, Xlexk w The following motions were passed at the April 14 Park and. Recreation Commission meeting Round Lake M/Redpath, S/Holt that the Park and Recreation Commission Phase I recamnend to the Council that Phase I of the Round Lake a development be approved. Motion carried unanimously. a Heppes Land M/Redpath, S/Gareas that the Park andRecreation Commission Purchase recamaand that the Council authorize the purchase of the Heppes land (Parcel 5 of the Park Plan) for $14,000 with 196 Lawcon funds. Motion carried unanimously. Frances Macklock. Secretary Eden Prairie Park and Recreation Commission