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City Council - 08/26/1969 - Village Meeting MINUTES EDEN PRAIRIE VILLAGE COUNCIL Tuesday, August 26, 1969 7:35 P.M. Village Hall The invocation was given by Reverend Wallace Hustad. The Council and others in attendaence joined Mayor Osterholt in the Pledge of Allegiance. Members present were Mayor Osterholt, Councilmen Haugen, Nesbitt and Redpath. Also present were Manager George Hite and Attorney Harlan Perbix. I. MINUTES OF JULY 22 and AUGUST 12 1969 e minutes of July 22, 1969, were unanimously approved following the correction of .the spelling of Councilman Warren Shultz' s name. The Minutes of August 12, 1969, were unanimously approved following the correction of the spelling of Reverend Bernsten's and Mr. Tom Iver's names and the correction of the second sentence of the fifth paragraph on page two to read as follows: "Mr. Perbix replyed that the addition of the Plan Study Section would probably constitute a major change thus necessitate a new first reading of the toning ordinance text'". II. APPOINTMENTS A `-Election of Councilman to Fill Unex ired Term of Warren Shultz. Mr. Redpath nominated Mr. Robert-Eieb to fill the vacancy created By--the resignation of Warren Shultz. Mr. Nesbitt seconded the nomination. Mr. Haugen moved that the nominations be closed. Mr. Nesbitt seconded Mr. daugen's motion, which passes unanimously. Mr. Redpath said that he had ,. nominated Mr. Lieb because of his outstanding service on the Village' s Park-- and Recreation Commission. Mr. Lieb's nomination was unanimously approved. Attorney Harlan Perbix then swore in Mr. Lieb. who will fill out the term expiring December, 1970. e B. Eden Prairie Human Rights Commission Mayor OSterholt recommended the appointment of Mr. Ron Allar and Miss ' Nan Jean Bofenkamp as the youth members on the Village's Park and Recreation Commission. Mr. Redpath moved that the Mayor's recommendation be approved. Mr. Haugen seconded. Mr. Lieb commented that as a member of the Park and Recreation Commission he had an opportunity to observe both Mr. Allar's and Miss Bofenhamps interest and activities in the Park and Recreation area and that he would urge the Council to support their appointment. All voted aye. Motion carried. Mayor Osterholt then submitted additional suggestions for appointments to the other commission's and asked the Council to give them consideration and be prepared to make appointments to these commissions at its next meeting on September 9th. C. Election of Vice-Ma or Mr. Nesbitt move that r. edpath be designated as Vice-Mayor. Mr. Haugen seconded. All voted aye. Motion carried. D. Appointment of Council Representative on Planning Commission Mr. Lfeb moved that Mr. Nesbitt be designated as the ounc s representative on the Planning Commission. Mr. Redpath seconded. All voted aye. Motion carried. Council Minutes Page 2 August 26, 1969 PETITIONS, REQUESTS AN&-CeloMUNC-IATIONS A. Paul ' e a enera os ital Mr. Re p- -urged the Co5ncil to support the up coming referendum on General Hospital . Mayor Osterholt and Mr. Haugen both concurred in Mr. Redpaths recommendation and said that it had been their personal experience that the hospital was of considerable value to all residents of Hennepin County. Deputy Jack Hacking commented that his wife was supervisor of the emergency station at Methodist and that she had reported that Methodist certainly would not beable to handle all of the emergency cases if General Hospital were to close. Mr. Redpath then moved that the Council support the September 9th Hospital referendum and that it urge all Village residents to vote "yes" at the September 9, 1969, General Election. Mr. Nesbitt seconded. All voted aye. Motion carried. B. Eden Prairie Human Rights Commission. Human Rights Month. Mrs. Virginia Garteer asked the Council t6'_p_ro_­c7a1m October as Human Rights Month, and indicated that the Human Rights Commission was planning a series of special events to commemorate the occasion. Mayor Osterholt said that he would be pleased to issue a Mayor's Proclamation establishing October as Human Rights Month. Mr. Nesbitt moved that the Council support the Mayor in such a proclamation. Mr. Redpath seconded. All voted aye. Motion carried. C. Southwest Sanitary Sewer District. Shorewood The Village Manager reported that the Village of Shorewood wished to became a member of the Southwest Sanitary SeweriDistrict, and that the SSSD Board was recommending to all of its member municipalities that the original agreements be amended to incorporate the Village of Shorewood. He noted that the Village of Shorewood would participate in all future District financing. Mr. Haugen asked what impact the addition of new communities would have on the District's construction schedule, and the Manager replied that the District would be in a position to extend its system to the Lake Minnetonka area within the next year or two, if those communities were to join. Mr. Haugen moved that the Council adopt/ #solution No. 267 adding the Village of Shorewood to the Southwest Sanitary Sewer District. Mr. Nesbitt seconded. all voted aye. Motion carried. D. Hennepin Count League of Municipalities Mr. Nesbitt moved thatr. Haugen be designated as the Eden Prairie re- presentative to the Hennepin County League of Municipalities. Mr. Redpath seconded. All voted aye. Motion carried. E. Sunrise Circle Residents A lettersigned y a number of property owners in Sunrise Circle east and Sunrise Circle West, requesting that their street be deleted from the previously approved street improvement project STR-69-1 was considered by the Council . The Manager noted that contracts for this work had been awarded by the Council at it's last meeting. Mr. Lieb moved that the Manager advise the petitioners that contracts for the work had been awarded and that any misunderstandings the residents might have regarding the nature of the work be discussed with them. Mr. Nesbitt seconded. All voted aye. Motion carried. i Council Minutes August 26. 1969 Page 3 F. Minnesota Water Resources Board The Manager announcea thaton JOY 31 , 1969, the Minnesota Water Resources Board had established the Riley-Purgatory Watershed District, and had appointed its first Board of Managers. Eden Prairie Representatives on the Board would be Mr. Howard Peterson, Mr. Donald Pennie and Mr. Howard Merriman Mayor Osterholt suggested that the Board be advised that it was welcome to use the Eden Prairie Village Hall as its meeting place. Mr. Redpath so moved. Mr. Lieb seconded. All voted aye. Motion carried. G. Rees-Thomsen-Scroglins, Inc. A letter from Mr. Richard 13. Thomsen of Ress , Thomsen and Scroggins. Inc. , dated August 13, 1969, regarding the possible establishment of multiple famil developments on Bryant Lake was reviewed by the Council . The Village Manager indicated that he would advise Mr. Thomsen that the "Proposed Plan" referred to in the first paragraph of the letter was in reality the Comprehensive Guide Plan, adopted by the Village Council in the summer of 1968. The Council instructed that the letter be filed for reconsideration at the time actual rezoning proposals in the Bryant Lake area were under consideration. H. Metropolitan Area Salary Survey. The Manager presenter each member of the Council with a copy of Volume Two ,., of the fringe benefit section of the Metropolitan Area Salary Survey, con- ducted by the Metropolitan Section of the League of Minnesota Municipalities. He asked that the Council give particular consideration to the relationship between fringe benefits fjranted Eden Prairie employees and those granted other municipal employees in the area. IV. RECOMMENDATIONS AND REPORTS A. Sheri s Report Deputy a�Aac Hacking presented the Sheriff's Activity Report for the period January through June 1969. He responded to a number of questions regarding the report and suggested that the Council give consideration to expanding its police service to 24 hours per day and possibly adding a second car for ei§ht hours a day, five days a week. The Village Manager commented that because the Eden Prairie car was not always on duty and because the area it had to cover was so large some of the response times to medical emergencies were longer than they should be. Mayor OSterholt asked if the schools were experiencing much of a vandalism problem, and was advised by Deputy Hacking that no serious problem existed. The Mayor also asked to what extent the sheriff's deputies assisted in animal control and was advised by both Deputy Matsen and the Village Manager that h11 but emergency animal problems were handled by Tonka Kennels, but that the deputy would respond to dog bite or severe nuitance incidents. Mayor Osterholt said he felt that the deputies were doing and outstanding job for the Village. Mr. Nesbitt con- curred, noting that he had an a number of occasions had an opportunity to seek the assistance of the Sheriff's office and that in all cases, the service provided had been excellent. Village Council Minutes August 26, 1969 Page 4 B. Fire Station & Public Works Building The Village Manger submitted the preliminary building and site plans for the proposed Village Fire Station and Public works Building to be located on the southeast corner of the intersection of Mitchell Road and TH 5. He noted that both uses are proposed to be combined within one building having an area of approximately 10,300 sq.ft., and that the Public Works section of the building had been designed to that it might be expanded. He noted that a hose drying tower rather than a hose drying cabinet had been incorporated in the building design, at the recommendation of the Fire Department, even though there was some additional cost involved. He reported that he had a number of sessions with the Fire Chief regarding the building design and at least two meetings with the Fire Department s building committee. He indicated that another such meeting would be held before the architect would be directed to proceed. Mr. Redpath moved that the Manager be authorized to proceed with the preperation of construction dr$wings and the receipt of bids. Mr. Nesbitt seconded. All voted aye. Motion carried. C. Round Lake Beach Report The Manager resenteU a preliminary report on the 1969 Round Lake Beach season. The report disclosed that the Beach had been open for fifty days and had been utilized by approximately 9 ,500 persons. Peak attendance on any one day was 574. The swimming instruction program attracted 131 boys and girls. The report recommended additional bottom excavation and add- itional sand for both the bottom and the beach before the 1970 season. THe financial portion of the report disclosed total revenues of $2,668.00 and total expenses of $3,386.00. 304 season tickets had been sold. Mr. Lieb commented that as a nearby resident and as a member of the PArk and Recreation Commission, he frequently visited the beach and wished to commend the guards for their attentiveness to their duties. Mr. Lieb moved that the Council commend Mr. Norm Frhenholz, Beach Director, and his staff for their out- standing job. Mr. Haugen seconded. All voted aye, Motion carried. D. Kiln d_al a kennels The Village Manager reported that in response to complaints about the noise generated by the Kingdale Kennel he had contacted the Kennel owner Mr. Gerald Carnes. Mr. Carnes had agreed to construct a sound fence immediately west of the Kennel runs and open the kennel at a later time on Saturday and Sunday mornings. The Manager indicated he would advise the nearby residents of these actions. 5 f E. Fire Prevention Code Revisions The Village Manager recommended recomended an ammendment to the Village's Fire Prevention Code which would have the effect of restricting outside burning to fires in containers approved by the Village Fire Marshall , unless a permit is obtained. He reported that the Fire Marshall had suggested that all outside burstrig should be prohibited but that he did not feel that ( such action would be reasonable at this time except during periods of extreme dryness. The Manager also recommended that the Council give consideration to prohibiting all garbage burning. Mayor Osterholt asked attorney Harlan Perbix if restrictions such as those recommended would be legal , and was Village Council Minutes August 26, 1969 Page 5 advised by Mr. Perbix that restricting burning to fires within approved containers was a rather common practice and that no legal problems would exist. The Village Manager noted that he had asked the Fire Marshall to submit a discription or a list of approved containers , so that residents might be propertly advised. Mr. Haugen moved that the Council approve the first reading of Ordinance No. 138 revising the outside burning section f of the Village's Fire Prevention Code. Mr. Redpath seconded. All voted aye. Motion carried. F. September 23, 1969 Meeting THe Manager reported th he was attempting to reserve the Eden Prairie Presbyterian Church for the night of September 23, 1969, so that the Council might conduct the second of its series of neighborhood council meetings at that location. Mr. Nesbitt moved that the regular Council meeting of September 23, 1969, be conducted at the Eden Prairie Presbyterian Church at 7:30 P.M. Mr. Haugen seconded. All voted aye. Motion carried V. ORDINANCES A o. 37 Mr. R pe7`aWvoted the Council approve the second reading of Ordinance No. 137 which would increase the maximum misdemeanor fine from $100.00 to �. $300.00. The Village Manager then read the proposed Ordinance. Mr. Nesbitt seconded the motion. All voted aye. Motion carried. The meeting adjourned at 9:15 P.M. Edna. 1mgren ClerV