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City Council - 06/10/1969 - Village Meeting MINLrfES FDEN PRAIRIE VILLAGE COUNCIL Tuesday, June 10, 1969 7:35 P.M. Village Hall The invocation was given by Mayor Osterholt. The Council and audienoe joined Mayor Osterholt in the Pledge of Allegiance to the flag. Members present were: Mayor Osterholt, Councilmen Hauugen, Pedpath, Shultz. Also present George Hite, Village Manager, Harlan Perbix, Village Attorney. I MI LnW OF MAY 27 AND JUKE 3, 1969 Action on these minutes was erred until the next regular Council meeting. a 1 II PUBLIC HEARINGS A. Proposed Mainance No. 135 ( Ordinance) . y Mayor Osterholt announced that thiLs the t:Lfthin a series of public hearings on the text of the proposed Eden Prairie zoning ordinarre. He explained that tonight's hearing was the first of two required public readings of the and that the second reading would 5 have to be at a subsequent meeting. He noted that the proposed Ordt n1aI]Oe had been re x mmended to the Council by the Villag Planning a Commissicn. ,Y Mr. 7oonard Cranes spoke on behalf of a number of those present stating their opposition to the proposed ardi.nanoe particularly those sections dealing with m nim mn lot size in single family residential districts and the sections permitting the Council to establish additional regulations by r+Ps..solutions. He said that he and others had circulated petitions stating opposition to the proposed and that they had secured the rummes of tely 600 persons on the petitions. He requested that the Council take no action an the proposed ordi.zlant�e until such time as he and others had had opportunity to review it more thoroughly. Mr. William Garns, Mr. To m Feduc d, W. Ton Gisborne and others also expressed their objections to the proposed ordinance and indicated they felt that if the Council was to adopt it as proposed that they would be doing so in the face of objections f most of the existing residnets of Dden Prairie. Manager Hite and Attorney Perbix responded to a number of gwesticns about specific provisions within the ordinance and at ad to present the position of the Planning Couati.ssion and others who supQortsd the proposals. A lengthly and heated debate insured between all parties. Mr. William Garen, a member of the Village Park Ck mani.ssicn, advised the Council that the Park Commission ission had on the previous evening endorese the proposal for cxxnbining a minimum individual lot area of 13,500 sq. ft. with a nexta n lot density of two lots per acre. Mrs. Phyllis Olson and Mr. Richard Smith andothers space in support of the Ordinance. Mayor Osterholt that in recognition of the extent of the concern expressed about the proposed ordinance by those present, that a Special Council meeting would be held at 8:30 P.M., June 190, 1969 at the Village Hall. June 10, 1969 COUNCIL ME ING Page two Mr. Redpath moved that the Council adopt the first reading of Ordinance No. 135, Mr. Haugen seoonded. All voted aye. The motion carried. III PETITIONS, ROWESTS AND COMIMMIC NS A. League of Wbram Voters. For Endorsement of Nine Mile Greek Water Pollution Resolution. Mrs. Sonja Anderson, of the Dlen Prairie Unit of the League of women Voters, Minnetonka--Eden Prairie, suk mi.tted and asked the Council to endorse a resolution requestimig that the Nine Mile Creek Water Shed District Board of Managers follow up and implement accent Minnesota Pollution Control rKxmmendationn relative to Nine Mile Creek. She noted particularly the activities of the International Salt Ccmpany, the Glen Take Sanitarium and the Hennepin County Home utdch were allegedly pollutiryg the Creek. Mr. Redpath moved that the Council erxiorse the resolution submitted by the Eden Prairie unit. Mr. Shultz seconded. All voted aye. Notion carried. B. international Union of Operating Engineers. 1970 Employee pensation l A letter A from Mr. Robert R. ivol1hex'son representing the International Union of Operating Engineers, Local 49 proposing certain improvements in wages, fringe benefits, and working conditions for village public works employees, was received by the Council. Upon recommendation by Manager Hite the letter was referred to negotiating Committee of Suburban Municipal Managers for negotiation and recammendatic n. IV. FdDCOMMENDATICNS AND REPORTS A. t liw—w— Advi3ory tee. Mayor Osteriol.t annc t gat he intended to activate the recently created Citizens Advisory Committee and had tentatively established Tuesday, July 15th as the initial meeting date. B. Youth inntments to C=Mlissicn. Mayor Osterholt asked members o it submit their reconv endations for these appointments before the nesting of July 8th. C. Southwest Sewer District Bond Sale. e ger pres a certified copy of the resolution adopted by the Southwest Sanitary Sewer District Hoard April 23, 1969, entitled "Resolution Requesting and Establishing the Terms of Additional Financing of Phases I and II of the southwest Sanitary Sewer District Sewage Treatment Plant and Interceptor Sewer systiem", in which resolution the Board requests the Village of Eden Prairie to provide the sun of $1,520,000 for the Construction Fund of the District, by the issuance of bonds under and pursuant to the Agreement dated March 29, 1968, and the financing resolution of the Board dated August 22, 1968. After consideration of the request, Ralph Haugen introduced Resolution No. 277, entitled "Resolution Providing for Public Sale of $1,550,000 General cbligation Southwest Sanitary Sewer District Bonds of the Village of Eden Prairie",. and mooned its adoption. The motion was seconded by Warren Shultz, and upon vote being taken thereon, the following voted in favor thereof: David osterholt, Rolf Haugen, Paul R. Redpath, Warren Shultz and June 10,1969 ( COUNCIL MINClZES Page three D. C7oun Road 61 ( Shad y Oak Road) . Construction Plans and Cost Shari t. Plans tor theconstruction of Shady Oak Road from the Crosstown highway to highway 169 along with proposed cost sharing agreement between the Village of Eden Prairie and the County of Hennepin were reviewed by the Council. These documents have been submitted by Mr. Herbert Klossner, County MWIneer. Manager Hite noted that the plans conform to the layouts previously approved by the Council and that the Eden Prairie share of the construction will be covered by municipal state aid funds. E3en Prairie's share was for a portion of the storm sewer installation. Mr. Shultz moved that the Council adopt Resolution # app raving the construction plan--- for the project and the cost sharing agreement between the County and the Village of Eden Prairie. Mr. Haugen seconded. All voted aye. Motion carried. E. Hennepin (county Highway Department. Proposed 1969-1975 Construction am. Manager reported that the County Engineer had recently prepared a long range construction program and that he would make afull report on the program to the Council at their June 24th meeting. F. Horse Control Poli . Manager Hite directed he Council's attention to a provision within the existing zoning ordinance which prohibited the mains of horses on property situated within 500 feet of subdivided or residentially occupied property. He added that the village was beginning to get oouplaints about horses from persons living in residences adjacent to properties upon which horses are grazed or stabled and that a nuaber of prospective Eden Prairie residents had asked what the Village's policies would be relative to the regulation of horses. Mayor Osterholt suggested that the matter be considered by the new Citizen's Advisory Council and that they and persons now owning horses within the consmity be asked for their r tion. G. Division 1. ion Parcel 2530. L.P. Jarrett. Val View Road. Manager HIte on ot trAls parcel into two parcels, the smaller of which would have 22,500 square feet of area and 150 feet of frontage along Valley View Road be approved. Mr. Shultz moved that the division as proposed be approved. Mr. Redpath seconded. All voted aye. The motion carried. 2. Section 8, part of Goverment Iet 2, William Kocourek. Eden Prairie Road. Mannager HiEW recommended tla-t the divislon re in a parcel vz- the frontage of 120 feet and a depth of 225 feet be approved. Mr. Redpath moved that the Council approve the proposed division. Mr. Shultz seconded. All voted aye. The motion carried. H. Claim aLuist Wal-Don Builders Inc. Attorney Pe ix ree that the-VITIage settle this claim against Wal-Dori Builders, Inc. for $350.00. The claim was initially in the amount of $716.00 and was for reAntxwsement of wetter stmUes in the Top View Addition. Mr. Shultz moved that the on of the attorney be accepted. Mr. Redpath seconded. All voted aye. Motion carried. i June 10, 1969 COUNCIL bUNUTES Page four I. 1969 Summer Recreation Prograan. Manager Riga n a—brief report on the Summer Recreation Program, noting that there had been good response to the swamna.ng, cis, temis, and riding programs poor response to the playgr.mmd progrm• and little or no, response to the girls softball and theater programs. V. OMINANM AMID RESOLUTUM tion of Pods. Managew-U'te-'and AttorneyPerbix presented�and explained the proposed Ordina�oe No. 134 which would replace in its entirety Ordinances #106 and #108 which are the Village's existing dog control oardinanoes. Mr. Hen. Toensi ng presented a number of objectIons to the proposed ordinance. He said he felt that it was in a rvxd= of areas unconstitutional. He rated partiailarly the sections dealing with dispostion of dogs suspected of being rabied and the individual licensing of dogs within a licensed kennel. Others in attendence suggested that perhaps a more limited type of leashing reegulation might be app�ropriAte and that the effect of the orrdinarx= as proposed would be to disooi:rage many rests from having dogs as pets. Makager Hite hated that the or U nance did not require that cogs an the piremiswes of their awners to be leashed but that when off the owner's property they would need to be leashed or urr7ear the effective eontsol and in the ean�at:y of their owner. In response to a question regarding the proposed irx�ease of the fee from $3.00 bo $10.00, Mr. Hite noted that the intent was to mare adequately reimburse the village for its costs in . p-M --—g dogs Mr. Redpath moved that the asoond and final reading of Ordi rmrce #134 be appir+a v e d. W. Shultz secoaided. Roll eal.l all voted aye. Motion carried. IV. FINANCES A. and Action on Claims 6284 6393. Mr. ze of Vouchers 6284 through 6393. Mr. Shultz seconded. On roll call, all voted aye. Mation carried. B. Audit of Cash and Inm3stment Dated May 31 and June 10 1969. These reports were revisoad by trio QMnWU. The meeting adjourned at 12:30 A.M. M. Holmgren,, Clark