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City Council - 07/14/1970 - Village Meeting 111I MUTES EDEN PRAIRIE TILLAGE COUNCIL Tuesday, July 14, 1970 7:40 P.i1. , Village Nall Members present were Mayor Osterholt, Councilmen Maugen, Nesbitt, Lieb and Redpath. Also present was Village Manager George C. Hite. I. MINUTES OF APRIL 28 f.'AY 12 and 26 JUNE 9 1970. The Minutes of Apr! ] , .lay 1Z and May Z6 and Jine 9, 1970 were approved without correction. II. PRESENTATIONS A.Edn Prairie Teen Council . Donation to Support Youth Center Operation. fir. Jim Clark, representing -re en Prairie Teen Council , presented a $250.00 check to tayor Osterholt and asked that it be used to support the youth center program which the Village was now providing through its re- creation budget. '"r. Clark noted that the money had been raised by the Teen Council at its dances and other fund raising activities. He said that lie and a number of their Eden Prairie teenagers were most appreciative of the recreation program for teens and partieularily the work of f£r. Don idolander of the: Village's recreation staff. Mayor Osterholt expressed the appreciation of the Council to 1.1r. Clark and members of the Teen Council . III. PETITIONS, REQUESTS A;lG CONMUNICATIONS. °4.. ';trines to Gcpartrient of Conservation. Flood Plain Management. The f,'anagev r�oorted that t t:ie 19G9 legislature had enacted a new law requiring every rtunici,­ality to enact a flood Main nanagement ordinance. By June 30, 1970, each nuni cipal i ty was either to have enacted such an ordinance or have auviscd the State that it intended to do so. He noted that the Village sudivision ordinance contained provisions relative to the development vAthi .1 floor: ;Main in now suL,divisions, but that another ordinance, broader in scoine, would need to be enacted. He recorrrnended that the Council file a 1 ettf r with the Sta to )Department of Conservation indicating its intent to adept such l or;i sl ati on. ilr. Redpath moved the adop 4'on of Resolution No. stating the Village Council 's intent to adopt a flood plain managemen'; ordinance. Nr. Haugen seconded. On roll call , all voted aye. Motion carried. L. Arthur Fli l 1 er Request for Waiver of Ordinance 59 Prohibiting Two Houses P u r :.e ; ar. �i ► er presented his requestor ounce approvalo a pan to use a�single well to supply water for two residences. He indicated that the properties were on Easy Street and that the existing well was owned by ,1r. 0ach. Ptr. (tiller was in the process of remodeling the adjacent structure and proposed to utilize Mr. Bach's well to supply water to his own property. ' The Village Manager noted that both of the properties would probably be involved in future right-of-way acquisition and that under these circumstances the proposed use of the single well would be temporary. He recommended that the Council waive the appropriate provisions of Ordinance No. 59 on the condition that Hr. t1iller supply a letter from Mr. Bach indicating his approval of the arrangement and with a further condition that the arrangement be considered temporary. Mr. Redpath moved that the provisions of Ordinance No. 59 pro- hibiting two houses on a single well be waived in the instance of the property located at 16385 and 16413 Easy Street onthe condition that Mr. Bach supply Council 11inutes July 14, 197 Pa-fie21 a letter of consent that the arrangement be considered temporary. Mr. Haugen seconded. A' 1 voted aye. Motion carried. C. ;1r. Mike Gorra. Request for Council Review of Building Permit Denial . i ir. Mike Gorra reported to the Council that he had been unable to obtain a building permit for a single family dwelling on approximately 26 acres of land located between Anderson Lake and County Road 18. He asked that the Council either issue the permit or take formal action denying it. The Manager revieweu the circumstances surrounding the denial of the permit, particularily the refusal of Mr. Gorra, to comply with the provisions of Ordinance No. 93, the Village's subdivision Ordinance. The Council decided to defer additional consideration on the request for two weeks and asked that the Manager and 17r. Gorra within than period of time to see if they could work out the matter. D. Mr. Earl brebenstedt. Mr. Drebenstedt presented a number of petitions expressing opposition to public utility systems within the Village, part- icularily lateral utility systems within the Birch Islana area. Mr. Nesbitt noted that the petitions had particular reference to the Birch Island laterals and moved that the Council accept the petitions for consideration at the June 2 th Birch Island lateral utility hearing. f�tr. Redpath seconded. All voted aye. f,',otior. carried. E. Criminal -iustice Information System Steerin Committee. The flanager reported that a number of Hennepin Couoty municipalities in conjunc':ion with the Hennepin County admini strato n and sheriffs office had been re- viewing the problem of interchanging of information between the various police departments. A committee representing all of the agencies had put together a prograrn for developing a joint information system and were seeking federal assistance in its implementation. The committee was requesting the support of the municipalities within Hennepin County. The Manager recommended that Eden Prairie support the Committee's grant application. !ie noted that Eden Prairie' s committment to the program would be limited to staff services. Per. Redpath moved the adoption of Resolution No. 35E;1 expressing the Village Couricil 's support for the Criminal Justice Information System Steering Co, mii ttees Federal Grant z,ppl ►cati or,. Mr. Haugen seconded. On roll call , all voted aye. (lotion carried. IV. RECOf",P;EINTATIONS, AND REPORTS A. Crosstown Hiq,1-.way Cor7idor Study. The (Manager recommended that the communities of EdLn PrairTe—a-5-T7.7innetonka jointly participatc in a planning study designed to evaluate and make recommendations for the County Highway Depa-trnent Crosstown Plan between Shady 0ak Road and Baker Road. He presented a proposal for the joint study noting that its total cost would be approximately $10,000 which cost would be shared equally between the two communities. He futher advised that the Planning Commission had previously recommended to the Council that the study be authorized. Mr. Haugel-. moved that the Village participate in the joint study as recommended by the (Manager , provididing (Minnetonka agrees to participate as well , Mr. Redpath seconded. On roll call , Messers Nlesbitt, Redpath and Haugen voted aye. Lieb voted nay. (lotion carried. Council i li nu tes July 14, 1970 Page 3 B. Public and Institutional Property Insurance. The Manager advised that tine public institutional property insurance policy be awarded to the Schneider Agency could not be delivered. He noted that at the time of the award the agency had advised that their tied proposal could be broken down but subsequent to the award the Hartford Insurance Company had refused to accept the proposal on that basis. The Manager noted that they had received quotations from each of the agents who had bid on the original policy and he recommended that the PIP policy be awarded to the Roger Hennessey Agency on the basis of their low quote of $1 ,872.45 for a three year premimum. Hr. Lieb moved that the PIP policy be awarded to the Roger Hennessey Agency as recommended. Mr. Nesbitt seconded. On roll call , all voted aye. Motion carried. C. itr. W4611iam Bren Mining Permit. Mr. John Keefe, representing the applicant, advise the Counci tat he had not been advised as to the date when the Planning Commission was going to consider his clients request. He asked that the proposal be referred back to the Planning Commission for additional consideration at such time as Mr. Keefe could attend. Mir. Redpath moved that the proposal be referred back to the Planning Commission for additional consideration at its meeting on July 21 . Eir. Lieb seconded. All voted aye. 11otion carried. D. Approval of Design Consultants for the Phase I Utilities. The Manager requested Council approval of the retention of the pre ftiinary design engineers on the trunk sanitary sewer and watermain system for the purpose of preparing construction drawings. Black and Veatch Inc. had prepared the preliminary design for the vsaterviorks system and Rieke-Carroll-huller'and Li ndsev-Brauer I`,ssoci ates had prepared the trunk sanitary se%-Ier preliminary Proposal s. 0 "essc:rs Drenhenstedt, Lindmen and other in attendance requestedthat the Council Lake no futher action with respect to the trunk systems except to recind the :lay '2Cth authorization of these projects. Mayor Osterholt noted that any of tru Councilmen who had voted for the authorization could, if they so a =sire:i, rrlake a notion +o rucind that action. The f"e.vor also noted that the current- cons ivaeratioil of lateral improvements within six areas cf Eden Prairie was a separate Matter and that each proposal would be considered on its own ricrit at the schedu1Ld public hearings. In response to a question, thv anag r rcported that t',,e estimated rate of assessment for the authorized trunk inprovertents was "�,16C per REC for trunk sanitary sewer and $120 per ►:EC for trunk wGternain, tIr. Redpath moved that the firm of Black and Veatch be retained) to prepare construction draiwi�ngs for the waterworks system and the firils of Rieke-Carroll-tiuller and Linsey-Grauer be retained for purposes designing the authorized trunk sewer sytem. Mr. Lieb seconded. On roll call , all voted aye. "lotion carried. V. GRDINANCES A. r finance No. 144 Ochs Brick and Tile zonin Amendment. The tlanager presented anu read e proposed OrUinance No. 144 which would reclassify from, Planned Study District to General Industrial District the property r located on the north side of TH 5 & immediately east of the railroad. The purpose of the rezoning would be to establish thereon the Ochs Brick and Tile office and warehouse. Mr. Haugen moved that the first reading of Ordinance No. 144 be approved. Mr. Lieb seconded. All voted aye. Motion carried. Council Pli notes ' July 14, 1970 Page 4 IV. FINXiCES A. of Claims 7529 through 7663. Mr. Haugen moved that claims 7529 througi 7663 accept or Claim 754U , be authorized for payment. Mr. Lieb seconded. On roll call , all voted aye. Motion carried. B. 1970 Budget Review. First 6 Months. The Manager presented a comparision 0 of bug-et vs actual revenue & expenditures for the first six months of 1970. The Council asked that this report be considered again at its regular meeting. C. Cash and Investment Re orts dated June 30 and July 14 1970. The Manager w presenteO and reviewed these reports. Q � UJ a- Meeting adjourned at 10:05 dS Q Ana M. H-olmgren, m t a rw ,0 Q w �s