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City Council - 05/13/1969 - Village Meeting VILLAC:: OF %:DFZ-., PRAIRIE ri'uea-iav, i<zy 13, 1961-+ 7:3U P.il. Village (tall `lrie meeting was called to order at 7:35 P.N. by Mayor Osterholt. iIan,ager George Hite gave bie invocation. The Council and audience joined 1iayor osterholt in tiie Pledge of Allegiance to the flag. PI-ZS1:-JT ri; : ',:ayor Osterholt; CounciL7en Ilaugen, Pkpath, Siftultz, and Nesbitt. Attorney Perbix and Village i•ianager George C. Hite. I. Pi�L:,SIr1t`'t�TIO;vS 11. Eden Prairie �,kxrsan's Club.. irs. t,"ary F o t, President of the Eden Prairie women's Club, made a presentation of a painting by Miss llorothy 1,1ye of the Eden Prairie Railroad Depot as it appeared in 1871. IMiss Nye gave a brief account of the idstory of the depot and surrounding area. Mayor Osterholt accepted the painting on ix-iialf of the Camicil and expressed the thanks of the entire Village to botli the C*amen's Club and 1,1i.ss Nye. i II. 17,1I?3if1ES OF APRIL 22, 1969 Mr. Paul Pardpath moved Mat the minutes of April 22, 1969 be approved. Mr. Shultz second. All voted aye. Motion carried. Y III. PUBLIC I�ARI14GS A. Pro osed Zoni Ordinance. _ r Lr. Hite briefly -exjJained the content of the proposed Wen Prairie zoning orcUnance noting particularly that the hearing related only to the text of the proposed ordinance and not to the actual classification of properties. Ile suJaratted a letter written by Ar. Harold L. Johnson stating his opposition to the proposed reduction in the mininnmisingle family lot size. The Council reviewed the Planning Ccnrntission minutes of tSay 6, 1969 at which time the Ccrmi-ssion had reecrncTergled to the Council that the minimum single fardly lot size be 13,500 square feet and the mi.nirm n lot width be 90 feet. `.i'he Lcien Prairie Industrial Connission minutes of April 14, 1969 were also noted at v&Lich time that Commission had endorsed the Industrial Park concept contained within the proposed zoning ordinance. Village: Attorney Itarlan Perbix reported that he had not yet received a reply from the attorney for the League of Minnesota Municipalities relative to the proposed ordinance but expected to have that reply within the very near future. In response to a question frcan the audience Mr. Bite outlined the principle reasons for tile proposed reduction in the proposed minimum lot size rooting particularly the availability of sanitary sewer; the desire to create some flexibility in land subdivision design in order to create the opportunity for preserva- tion of natural amenities; the establishment of large open spaces through the current park acquisition program; and, the desire by many single family housing occupants for smaller lots. A number of residents in attendance at the nearing spoke in opposition to the proposed reduction in the min.inum lot sizes stressing their concern about the tax burden and inconveniences that greater numbers of people might produce as well as their desire to maintain the spacious character of the single family develcpnent within the ccrr jai ty. Others in attendance spoke in support of the smaller minis= lot size saying that they felt new residents should have a choice on the Hay 13, 1.969 ':,Cxen Prairie Village Council :iinutcas Page two lot size they desire plus ttze fact that the availability of a smaller # Y lot �.uuld Ix-rrd t tie Village to require developers to protect and preserve ,,mmiy of thu natural resources of t-ie Village teat would otherwise be ck--stroved. I la-vor Osterholt suggested that the question of the rri-n]Ii rn lot size in tine single family area might be resolver by establishing a ma:-tirar7 lot density rec=remnt in conjunction arith a reduced ndx imun lot z size. 'lie corbination, lie suggested, would assure the Village •tt-,.at residential areas would not be over developed but would at the same time ; give die developer s(xiie flexibility in the design of their subdivision. Councilman Pedpath said he felt the reduction of the mininm lot size would improve Uie Village's ability to preserve many of the Village's natural resources and for that reason he would support the proposal. Mr. Redpath moved that t.ie village attorney be instructed to prepare an ordinance l incorporating the principles and specifics of the April 15, 1969 draft of tt Le proposed zoning text arx i that the hearing on the office be continued until June 10t:h, 1969. Mr. Shultz seconded . All voted aye. P iotion carried. B. UtilityEasement Vacation. McKinley First- Icldition. 4 Presentation !y I!anager. Mir. Hite noted that he vacation of the easement had been approved in Decerd)er 1968 1 ut that an error in the published notice of that hearing necessitated a new hearing. 4 ir. Ilaugen moved the adoption of Resolution 268 vacating a certain utility easement in the I,:c,Kinley First Addition. t•ir tt i seconded. On roll call all voted aye. Motion carried. IV. XZM CF BIDS A. Bound make beach and Park. Presentation by t lana ear. Mr. Ute presented a tabulaticaz of bids received on the proposed, Round Fake BeaCh and Park and recamiended the award to the low bidders Metro, Contracting in the aimunt of $13,654.00. Fair. Pedpath moved that the contract for the construction of the Round Lake B each and Park be awarded to the low bidder. Ilarren Shultz seconded. On roll call, all voted aye. Motion carried. V. Ph'I'I�t'ICUS, RE:%aL r'T'S AND CIQbMUCATIONS A. lien a in C un ata ve t, Lake rovernent Pr am. ir. Hate reccmmended that the Council approve a proposed cooperative: agreerent between the Village of Men Prairie and Hennepin County whereby the County would reimburse the Village for park land acrjtdsition to the extent of 62 1/2% of cost or $136,000 whichever is lesser. Warren Shultz moved that proposed contract be approved. Mr. Haugen seocncied. On roll call vote, all voted aye. I btion carried.. D. Human Ri.gtits cmrn i.ssican. Raquest For Council Support of Pending Legislation. "s��c path-rioved that the Village Council support Herz Rights Legislation ixruling before the Legislature and that it direct the Village :eager to advise local legislative representatives of such support. lair. Fiaugen .seconded. Tail voted aye. P-bticn carried. 4 i Tay 13, 1969 Council *Iinutos Page t i ire`; C. Pat FZk;•cauest For Villa e assistance on Drainage Problem. s. Giav after c��� aining uaffi t�* lie a neig. rang pxooperty rimer iavi-x�, with a drainage c•,,ay throWh ticir property, asked that the Village council authorize the installation of pipe or whatever is necessary to relieve the problem. .:r. 16 to rcportc u that tie Public k-brks ulX'r3:1tE'Ik1C'J1t 'icid investicjatc-xI the sltimtion and had discussed it with him .�ri�fly. pie }: i that iu; be giver. an opportunit.r to review the situation .x:rsonall 7 anti rerxjrt i,ack to tcie Cou.-icil at next rieeting. D. 'iinl-iesota i I.i.9hx,ay Department. ReVest For Plan Approval. 1969 T.H. 5 Im.)rovElrnnts. F1 laxLs for t::e ui—on o : by pass any: turning lames along `w'.ii. 5 Letwe-en Purgatory Creak. anc.z C bung/ IY->ad .r 4 iAras presented by ,;r. Mite .,rho rc.ccnrienc ed t11at tiny 'XI <JprovC-la. s. -:esl)itt moved the adioption of Resolution *275 approving the, I iq:rway -)coartlent proposed upgrading of Trunl. i dghway J5. s. 1—)ati secorldec:. 1k11 vote.? aye. lotion carried. f L`. [:iru2esota :;i,:,liY�a�• re .nt. 14MIcst For Layout Approval �.i1. 10, Country to Interstate 494. r1lie 'proposed layout for the construction o T Trunk Higln•7ay 4169 hetween : County iload 4=19 and Interstate 494 was reviewed by the Council. Mx. I.Lite noted t.I.at the Planning C:arr:ussion had recan,,rx ied that tl•ie plans be approved subject to -We Iiiginray Depart-rent r;iaintaining ownership of the land between the old and nm.7 higlnvay and also subject to loops A and B at the proposed County i�.oad -n;60 and `i'.h. 169 interchange being constructed as temporary facilities until such time as interchanges are constructed on 494 at the north and west legs of tie interchange distributor system. 111r. Shultz rrcved the adc-T)tion of Pesolution #276 approving Layout 8 H subject to the tu`o eonc:zitions described by the Planning Ca m. ii ssion. Mr. Nesbitt, seconded. All voted aye. :lotion carried. F. Llossom Pvvad and Bennett Place Residents. A petition requesting residential residentUal zoning in the Blosscrr! Roast and Bennett Place area was Presented. Nr. Nesbitt moved that the petition be accepted anu filed for consideration at the t.im the reclassification of properties in that area is }More the Council. Mr. Shul-;.z seconded. All voted aye. "lotion carried. VI. MC011-224UNTICUS AIdD MPOIrS A. ClubL3quor icenses. Report and Peccomendation by Manager on American. Legion RL- st. lr. Into re=iuended that the Council advise the Legion that it intended to issue club lick licenses to the Post at such time as a liquor license ordinance was adopted and the Legion plans for development of the site had been approved by the Village. Pik. Redpath moved that the Legion be advised as recanmended by the Manager. Mr. Haugen seconded. All voted aye. ?,'lotion carried. I :av 13, 1969 Council 1,inutes Page four L. Pencii.ng Legislation. Report by P-lanager. 1. Iliglnray Consent. 2. I s. Bite reviewed the current status of the highway consent and sewer legislation. In both instances bills had been passed by both the I-buse and Senate. C. Anirnal Control P.eport and Reca nxetn 3ation by I•�er.. Mr. Hite reported E iat- the village residents kiad been experiencing considerable difficulty in the past few months with dogs xiauiing loose. He noted that there had been four reported dog bite incidents and that the Village Hall was receiving more telephone call: and correspondence on this subject than a most all others occnbined. He reviewed the existirig ordinance provisions and reca vended that the Council authorize the attorney to prepare an ordinance that would require a dog to be leased on a twenty tour hour basis e,Aicn off the prcnii.ses of the (xmer, increase the impounding fee fran $3 to $10, increase the commercial kennel license fee fran $10 to $50, and require tYiat dogs involved in clog bite incidents be confined to a veterinary hospital rather than by the owner. IIc: also suggested that the dog catcher be deputized so that he could issue violation tags to owners of dogs in violation of the ordinance. lie noted that the Village had not been adding late registration penalties to the dog license applications, but would do so corm-encing June 1. The penalty prescribed by ordinance is 50 cents a month after February 1 meaning that the total penalty after June 1 would be $2.00. Mr. Nesbitt moved that the recccr endations presented by the Manager be accepted and that the attorney be directed to prepare a leashing ordinance for council consideration on May 27th, 1969. Mr. Shultz seconded. All voted aye. Motion carried. { 4 D. Sunnier Recreation Frw and Fee Sctiedul.e. i-lanager Bite presented a proposed Summer Recreation Program and fee 3 schedule. I Ie noted that the program provides for four half-day playgrounds as well as a number of special prograans primarily designed for junior and i senior hig.-i school age residents. '.Sr. Ilaugen moved that the proposed progran anti fee schedule be approved. Mr. Nesbitt seconded. All voted aye. btion carricxi. L. I:i.n s Forest School-Park Site Analysis. Village's site analysis ar the proposed Tangs Forest Park and Sc1=1 site: was rev:imied l.yv the Council. I ir. hi.te noted that the report reooamended fiat tine facility %-,e constructed on the north side of holly ;?r)ad just Vest of esker Itoad. Ile indicated that the report Iuwcl been presented to the School Board and had been reviewed by the Park Qxanission. 11r. Shultz moved ! that the Villacje Cotmcil endorse the recommendation, contained within the report. 1r. INesh)itt seeoncled. All voted aye. I btion carried. P. T.1I. 's 41, 169 and 212 Corridor Location Study. wm ia(ier Rite reiporteu iat lie and Planner Don Brauer hacl r.-t with- the L'Iic;;iwT4 Dep nt to review the corridor location study prepared Iry Eoward, tl ec:lcs, ias: nc:n aI1:1 rgeru'off. he raccemez>led that the Council meet jointly grit: the C".iarhizissen Council on nay 21st at which ti.rne lie aryl Mr. Brauer would 1 kiy 13, 19G9 Council !-mute PaQe five suLT,-at their review aixl rec t=rendaticn on the matter. TI-Ae Council k concurred with the proposal. � a 0. 1969 T232rlc azy Street Irq�rovemeszt dram. 71 teQ-)Orary street =rprovment program involvIng approximately 10 miles of streets wi.tWm Eden Prairie was presented by I1anager Hite. lie noted that these streets crere generally in poor condition but that he could not reccc:nxmd prarnanent street surfacing in that most of the streets involved would probably be torn up for utility installations within the next three to ten years. Iie noted, however, that it was appropriate that some sort of surfacing be installed in order to reduce maintenance costs and improve the serviceability of the may. The proposed tcanporary street ig provermt program involved bascially impaved streets within subdivided areas and had an estimated total cost of approximately $100,000. bit. bite said that preliminary estimates indicated an assessment against adjacent properties of approximately $100 to $150 per lot. Mr. Redpath moved that w the Cbunci l schedule a special public hearing on this matter for June 12, 1969. Hr. Nesbitt seconded. All voted aye. motion carried. VII. FINANCIAL REPORT A. Review andAction on Claims 6206-6283, and Claim 6551. Mr. Sliultz mmmd that Cl&i= 62 6 through51 be authorized for payment. Mr. Nesbitt seconded. On roll call, all voted-aye. Motion carried. B. Cash and Investment Reports, Dated ril 29 and May 13, 1969. Mr. Shultz movedthat the CouncIl accept the Cash and Investment Reports. Mr. IIaugen seconded. All voted aye. Motion carried. Meeting adjourned at 10:50 P.M. &40t�' Edna M.