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City Council - 05/27/1969 - Village Meeting MINUTES mIIV PRAIRIE VILLAGE COUNCIL Tuesday, May 27, 1969 7:35 P.M. Village Hall The meeting was called to order by Ma or Osterholt. The invocation was given by Father Kinney and the Council and audience joined Mayor Osterholt in the Pledge of Allegiance. Members present were: Mayor Osterholt, Councilmen, Haugen, Redpath, Nesbitt, and Shultz Also present were Attorney Perbix and George C. Hite, Village Manager. I. MDUrES CIF MAY 13, 1969 The minutes of May 3, 1969 were ly approved. II. PfTITZCYr1S, 1:0QU-"S'TS AND COMMIJI=CNS A. Federal WiAt m Adadnistration, Pequest For Markers. A NEE from s, r.,�ii of of Air 3�rtic� of, the Federal Aviation Administration, dated May 6, 1969 was presented by Mr. Hite who noted that FAA was continuing its request for markers on the NSP 345 KV line just east of Flying Claud runways. W. Morris contended that the g Village of Eden Prairie requested that the highline be moved further west at one time rather than east as suggested in the Council's last response to the FAA request. The Council confirmed that the request was to move it east and not west and that Mr. Morris apparently had reference to a position taken by the Town Board many years ago. Mr. Redpath rwved that the Ccx=il advise FAA that it still objected to the proposed markers. W. Shultz seconded. All voted aye. Motion carried. B. Southwest Sani Sewer District. t For Bond Sa le. Mr to t Sou t foxy Sewer s ct Board by resolution adopted April 23, 1969 had requested the participating x Lmitles to sell ten million dollars in bonds to support SSSD cowtruotion through August 1, 1970. Men Prairie's share on the basis of relative assessed valuations would be $1,250,000. Mr. Hite led that action an the proposal be deferred until such time as he had opportunity to discuss the matter with the Village's fiscal agent. ReootmtendatIon was aoeepted. C. ASeMin County_Board. Action an Tax Fbrfeited Land. Attorney Pe x reported that the Henne3p County Board�iad denied the Village of Eden Prairie's request for tax forfeited land on the east side of Purgatory Creek inmeiiattely south of Pioneer Trail. The County Hoard's action was on the basis that the owner had the right to redeem his forfeited land. in Cotaz fii t. Chun Iioad 61. D. en Councilreceived a request In County HIghway Department for the approval of a cooperative cost sharing agreenent for the oonstsvction of County Road #61 between the Crosstown and Highway 169. The axinci.l also requested a resolution approving the final construction plans for this same road segment. Mr. Hite reported that the total estimated owstruction cost of the proposed road impz rent was $878,593.00 and that: the prapooed Eden Prairie share was $9,140, all for storm sewer work. W. Hite rWr �mended May 27, 1969 Council Minutes Page two that no action be taken and that he would have a full report on the matter at the June loth meeting. REoOmmendatioi accepted. E. Mrs. llil�ri to T. Rutter. Request Fbr Building Permits in Red Rock 2nd Addiction. W. Zimp er, an attorney, and Mrs. Marguerite bitter appeared and requested that the Council authorize the granting of building permits in the Fled Flock 2nd Addition. Mr. Hite reported that building permits in the addition had been denied because the developer had apparently failed to fulfill the requirements of an agreement entered into by the developer and the Village at the time the plat of the second addition was approved. He reported the required road work was about 40% complete,, the required storm sewer work about 75% coaplete and that none of the required street none signs are installed. Mr. Zimpfer said that Mr. Rutter, who had originally developed the area, had died and that Mrs. Rutter had been unable to canplete all of the required work. He asked that the mil give consideration to Mrs. Rutter's hardship in evaluating her request. Mar. Hite ded that the requested building permits be granted if the owner of the area agreed to eocrplete all of the required work by October 1, 1969 and to post adequate surety to insure that the work would be cxmpleted by that date. Mr. Zimpfer indicated that this plan would be acceptable to the owners. Mr. Haugen moved that in return for a properly secured agreement between the V3.11age of Eden Prairie and the owner of the Red Rack Second Addition requiring that all of the necessary subdivision inpx nents be completed by !October 1, 1969, that the Village authorize the manager to issue building permits when requested in the Addition. Mr. Fledpath se=xled. All voted aye. Motion carried. III. FaMCK4ENDATICNS AND REPORTS A. Patt Fbr Drain_ Structure. Mr. Hite reported that he h met w1th Mr. Nowak to view his property and to work out same solution to the drainage problem. He advised that the Village would be in a position to install saw additional drainage structure, at an estimated cost of $500, but would be unable to accomplish the landscap- ing requested by Mr. Nowak. He reported that Mr. Nowak was generally in accord with the proposal. B. T.H. 's 41r 169 and 212 Corridor Tocatian study. The Counocii was adWised that the Mmmmota HigbWay Department had scheduled a public hearing on this matter for Tuesday, June 3, 1969 at 8:00 P.M. at the High Sd=l. Mr. Hite presented copies of the Village Planner's review and reoamiendation on the subject and suggested that a special Council meeting be held prior to the hearing to dretexmine the Village's position on the matter. Mr. Haugen moved that a special meeting of the Village Omn=l be held at the Eden Prairie High School Board Rona at 6:30 P.M. on Tuesday, June 9, 1969. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Insurance. Exclusion of Riot 2MEM ;Hite led EME the"VIIJ ge exic the riot coverage from its insurance coverage. The premium would be reduced by $549.00 with this exculsic n. Mr. Haugen moved that the riot exclusion be authorized. Mr. Redpath seconded. On roll call, all voted aye. Motion carried. May 27, 1969 C Council Minutes Page three D. 1969 NC=i opus Wised Omtrol The ages 1969 noxious weed control program was presented by Mr. Hite. He reported that Mayor asterholt had appointed Mt. Henry Dimler as Village Weed Inspector. The program pmoposal r®vanemsnded that acio+inistrative and inspection fees, equal to 10% of the spraying costs with -a ir;nira n of $5.00 m $25.00, be charged where it was necessary for the Village to a000mplish the required work. This preg w al d that a clerical dnar+ge of $5.00 be added in those instances where the Village had to oextify the bill to the County Auditor for eollectJ on. Mr. Haugenn moved that the reconmesn led fees be approved. Mr. AadQath seconded. All vaned aye. Motion carried. IV. S AND I+ 4. Pi . p�resesn=�c'� cIrmwe No. 134 far first reading. He explained the content of the ordinance noting particularly those sections dealing with leashing cad with kennel licensing. A nuaber of persons spoioe in opposition ' to the proposed a- I- anoe, especially the leashing sections, saying they felt cogs should be able to roan &C large as ]mnq as they were not damaging property or er -r persons, Others spdm in support of the Proposed es+dimanoe, citing to their prcpe'tY, and tiaras 1 4,1t and danger to their children n resulting from dogs running at Large. Mr. Ha xym robed that while he pezvona].ly f sued, the pa'oposed leashing ondi=nanoe, he had to report that his fondly s 4. wa opposed tc it basicaUy beeaouse they felt dogs that needed to be p vzwd up or an a leash soW could be more of a nuisance than dogs running at large. Mr. Nesbitt said that he felt the proposed leashing lam wem badly needed and that he did not think people had reason to believe that a dog had a right to run at large on other people`s property. Mr. IAedpath moved that the C==U approved the first reading of #134 and that a second reading be sdmduled for the meeting of June loth. W. Nesbitt seconded.. on moll call, all voted age. Nbtic n carried. Americana Eegicn. Memorial RaObservance. IF." Jim Brmn invIted 0 1 to attend the Even Prairie American Legion Memorial Day Parade and Cbservanoe. I Meeting was adjourned at 9:00 P.M. BanaL No (MO