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HomeMy WebLinkAboutCity Council - 04/09/1968 - Village Meeting ! COUNCIL 14EL 7.It4G 9 April, 1968 These m inutes are electronically taped. The meeting was called to order, by Mayor Osterholt at 8:00 p.m. PRESENT WLitL: David W. Osterholt, Mayor Robert J. Lapic, Treasurer James C. Brown, Clerk Quentin K. Wood, Engineer Arthur W. Miller W. Harlan Perbix, Attorney 'Warren Shultz ITEM 4-1-68 Ii4VOCATION The invoaction was giver by the Rev. Jay Rusthoven followed by the audience and council joining Mayor Osterholt in the Pledge of Allegiance. ITEM 4-2-68 MINUTES OF 3-26-68 Motion was made by Warren Shultz, seconded by Arthur Miller to approve the minutes of 3-26-68 as published with the following corrections: change the date from the 24th to the 26th of March and on Item 3-27-68, the fourth paragraph, change the amount of the bond from five to fifty thousand dollars. With these corrections, upon a roll call vote, all members voted yea. The motion carried. ITEM 4-3-68 VOUCHERS Motion was made by Warren Shultz, seconded by Arthur Miller to approve vouchers 4993 through 5059 for• payment. Upon a roll call vote, all members voted yea. The motion carried. 1 ITEM 4-4-68 VILLAGE ATTORNEY 1. Park and Recreation Or dinance #112, 2nd reading. The clerk read the ordinance and a motion was made by Arthur Miller, seconded by ►Warren Shultz, to adopt Ordinance #112. i Upon a roll call vote, all members voted yea. The motion carried. Mayor Osterholt then made the following appointments to the Park Board subject to council confirmation. He appointed Marvin Erickson as the representative from the Lden Prairie Athletic Association Dean Holasek to a three year term, Robert Lieb to a two year term, Boos to a one year term and William Garens to complete the term of Les Wise who had resigned. Motion was made by Warren Shultz, seconded by Arthur Miller to approve the Mayor's appointments. Upon a roll call vote, all members voted yea. The motion carried. # The above appointees were present and were administered an Oath of Office by the clerk. COUNCIL MLLTING 2 9 April, 1968 2 . Resolution supporting an increase in the sewer treatment plant. The village attorney presented Resolution #200 to the council supporting the request of the Village of Minnetonka in it' s application to increase the treatment plant alon)- the Minnesota River from a 25,000 equivalent population to 75100U. Motion was made by Arthur Miller, seconded by Warren Shultz to adopt Resolution #200 supporting the application for an increase in the treatment plant for Minnetonka, Eden Prairie, Eagle Creek, Deephaven, and Prior Lake for a treatment plant on the Minnesota for the Southwest Sanitary Sewer District from 25,000 to 75,000 population equivalent. Upon a roll call vote , all members voted yea. The motion carried. 3. Contracts for Animal Control. The attorney reported that at the last meeting he had ,been instructed to make arrangements for contracts witi Tonka Kennels for pick up service and Dr. Wright's for kennel service. He reported that Dr. Wright did not want to get into the kennel business and that he had talked further with Tonka Kennels. They were willing, to provide both the pick up and the kennel service at this time. He said he had drafted a contract but had not been able to make arrangements with Mr. Cooley to go over it as to whether it was acceptable to him and would like to present it to the council after it has been checked by Mr. Cooley. It will be on the agenda on 4-23-68. 4. Five Department Mutual Aid. The attorney presented Resolution 9197 covering the Fire Department Mutual Aid request. A motion was made by Warren Shultz, seconded by Arthur Miller to adopt Resolution #197 limiting the liability in Mutual Aid operations for the Eden Prairie Fire Department. Upon a roll call vote, all members voted yea. The motion carried. Mr. Perbix also requested that we appoint Mr. Keith Simons as an assistant village attorney. He is now employed by Mr. Perbix's office. He asked that we remove the appointment of David McCarthy as assistant attorney as he has left the employment of Mr. Perbix's office. Motion was made by Arthur Miller, seconded by Marren Shultz to appoint Keith Simons as assistant village attorney replacing David McCarthy. Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-5-68 E14GINEERING DEPARTMENT 1. Blossom Road easement. Mr. Mood and Mr. Perbix stated that they needed some legal descriptions in order to come up with the final aspect- of the easement. These are to be provided by Mr. Wood and the people. The attorney is to draft a legal easement that the council can adopt. i 3 s COUNCIL MELTING 3 9 April, 1968 i 2. 169-212 CSAH 61 Interchange. Mr. Quentin Wood presented Plan SP 2763-01 for approval. This showed the interchan e as recommended by the planner, engineer, and village to the State and the approval of the routine; of 169 in this area and how the State has redone this particular interchange. Motion was made by Warren Shultz, seconded by Arthur Miller to approve Plan SP 2753-01. Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-6-68 CURT SPANDE Mr. Spande appeared to request permission to build on a lot without access on a public road. There was a question involving the road net in the area. The planner had brought this up. Mr. Spande was asked if he would talk to the planner and come back to the council with further information. Ne said he would do this but did not appear later in the evening. ITEM 4-6-68 GUY MUNDALE REQUEST FOR PERMISSION TO BUILD A HOME ON A LOT WITHOUT ACCESS TO A PUBLIC ROAD. It was discussed and Mr. Mundale stated that he could not get a building permit on an easement road. There were three homes already on this easement road. There was a recommendation from the planning commission and from the planner that the road which was laid out could very easily be given a legal description that the village could adopt. It would be turned over to the village as a public road at which time Mr. Mundale could get an easement. If he could get a letter from all parties concerned that they would be willing to turn this road over and would take all the necessary steps to do this within a reasonable x length of time, it was felt by the attorney that a building permit could be issued immediately. Mr. Dredge who has the easement rights on the road, felt that the other parties who had easement rights to the road also could do this and that the letter would be presented to the building inspector or the council at the wishes of the council. Mr. Dredge is the owner of the property on which the road is involved. s Warren Shultz, upon th Motion was made by Arthur Miller, secondedby ar en tz, that up r, e s receipt of a Letter of Intent to dedicate the extension of Summit Road to the turn around on the Evert property, tha tthe building permit would be issued by the building inspector. This letter is to be presented to the inspector at the time the permit will be issued. Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-7-68 CHARLES PHILLIPS Mr. Phillips appeared asking that the council consider taking over Lotus Lane which is a private road going into his home and on which he has sold three lots as a village road. The council advised Mr. Phillips to prepare the necessary papers showing a 60 foot driveway with the necessary road width and turn around at the end of the ti, road, the turn around to be a 100 foot right of way and the road to be graded COUNCIL MEt.T ING 4 9 April, 1968 and graveled and that the village would then consider accepting it , but until it was all on paper, no action would be taken. ITEM 4-8-68 NORTHERN CONTRACTING Mr. Dick Bury appeared before the council to request a permit foi• an asphalt plant on the Northern Contracting, property. He filed a letter with the council, stating their intentions and what they intend to do with the plant. He also stated that he had some Tneetings, with people in the area, the neighbors and also two meetings with the Kings Forest people. There were some objections with some of the residents in Kings Forest as to the E... smell, odor, and dust that would be created by this plant, being a nusiance in y the area. Not all of the people in Kings Forest had been able to meet with ua,. Mr. Bury. fie was advised to have a special meeting as soon as possible, notifying everybody involvad at which time , they could discuss this and then come back to a► the council on 4-23-68. ;10 official action was taken on his request. ITt:M 4-9-68 MAYOR OSTERHOLT 1. Appointment to the Human Relations Commission. Mayor Osterholt appointed the followinZ people to the i,uman Relations Commission: Mrs. Charlotte Enblom, Mr. William Talalla and Mrs. Carol hone to three year terms; Mr. David Schulman , Mrs. Darling Nakamura and Mrs. Virgina Gartner to two year terms; and Miss Lynn Persinger to a one year term. There were two more i appointments to be made. A motion was made by Warren Shultz, seconded by Arthur Miller to approve the Mayor's appointments. Upon a roll call vote, all members voted yea . The motion carried. rr -. All members except Miss Lynn Persinger were present and the clerk administered the Oath of Office to those present. i 2. This had been taken care of under the Park and Recreation part of 4-4-68. ITEM 4-10-6 ii WARREN Si:ULTL Mr. Shultz asked that the village consider an alternate form of government, giving the voters of Eden Prairie an opportunity to select this government at a forth coming, election. Mr. Perbix reported that somebody, either the council or a petition or something would have to be drafted to give the voters a particular form to vote on, there = being really two choices, Plan A or Plan B. The Plan A which will be come the Standard Plan in 1970 and Plan B which would be the manager form of government. It was agreed that some study would be done by the council and a recommendation would be made as to further action at the next council meeting,. i ITEM 4-11-68 SOUTHWEST SANITARY DISTRICT f}- 1. Progress report. The clerk reported that sufficient members had signed the Joint Powers Agreement j to start the district to assure that there would be a district and the district t ` was now in effect a going organization. i COUNCIL MEL:T11 S 9 April, 1968 2. Appointment of an Eden Prairie representative. Motion was made by Arthur Miller, seconded by Warren Shultz to appoint Mayor hsterholt as Eden Prairie representative to the Southwest District. Upon a roll call vote , all members voted yea. The motion carried. Motion was then made by Arthur Miller, seconded by Mayor. Osterholt to appoint Warren Shultz as the alternate representative. Upon a roll call vote , all members voted yea. The motion carried. ITEM 4-12-68 EDINA HOOK UP 1. Progress report. Mr. Carroll of Rieke-Carroll-Muller reported that they had completed the jacking of the pipe under Highway 169 and were partially completed under County Road #18, that they were preparing the installation of the pipe along the service road on County Road #18 as this is the area that was most critical from a construction standpoint for the Highway Department. As soon as these areas were complete, they will then start the balance of the area for installation of the pipe. s ITEM 4-13-68 LYLE EPLIN Mr. Ellin appeared to request permission to divide Lot 17 of Eden Prairie Acres so that part of it could be sold off. f Motion was made by Warren Shultz, seconded by Arthur Miller to adopt a resolution ` authorizing the splitting of Lot 17 of Eden Prairie Acres into two lots of one acre and two acres respectively; the attorney to draft this resolution. Upon roll call vote, all members voted yea. The motion carried. Motion was then made by Arthur Miller, seconded by Warren Shultz to refer the Laden Prairie Acres area to the planning and zoning commission for study and recommendation as this looked like it could be a problem area with a request to spread lots as the area was originally platted with some very odd shaped parcels in it. Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-14-68 PLANNING Mr. Don Brauer reported that the applications for the Federal and State funds were ready and they were applying for approximately $1,5000,000; total of which the Federal people would furnish 50%, the State 25% and the village 25%. The applications consisted of two resolutions which the council moved to adopt as follows : A motion was made by Warren Shultz, seconded by Arthur Miller to adopt Resolution #198 for the State Park Acquisition funds. Upon a roll call vote, all members voted yea. The motion carried. t Motion was then made by Arthur Miller, seconded by Warren Shultz to adopt Resolution #199 for the Federal Park Acquisition funds. Upon a roll call vote, all members voted yea. The motion carried. i t COUNCIL METING 6 9 April, 1968 { Motion was then made by Arthur Miller, seconded by Warren Shultz to adopt Resolution #199 for the Federal Park Acquisition funds. Upon a roll call vote , all members voted yea. The motion carried. The clerk reported that the planning commission at it's regular meeting had made arrangements and had agreed to hold three meetings with different areas of the village to discuss the comprehensive plan. The meetings are to be held for Area #1 on April 19th, Area #2 on April 20th, and Area #3 on April 26th. The suggestion was made that a bus be procured to take the residents of the area on a short tour of their area. The village had contacted the school and were advised that a bus could not be made available and had contacted the DeVeau x Bus Company and prices of $20.00 for the first bus and $17.00 for a smaller bus for each tour were presented to the Board. It was agreed to go ahead with the program. The village is to pick up the tab for the bus fare. Motion was made by Warren Shultz, seconded by Arthur Miller to authorize the t-- village to pay the cost of the buses for the tour. to Upon a roll call vote, all members voted yea. The motion carried. Letters and notices were sent out to the newspapers and to various civic groups a+ requesting that as many people as possible he notified of the meetings on _ April �9th, 20th , and 26th. ITEM 4-15-68 DICK CONDON REQUESTS ACTION ON WASHINGTON AVENUE PROJECT There were several property owners on both sides of the Washington Avenue area in attendance at the meeting, also Mr. George Hite, the assistant village manager of the Village of Edina was there. When the people requested that Eden Prairie act immediately on the water-sewer upgrading of Washington Avenue-County Road #18 F and there was a question as to the legality of this without proper notification, E Mr. Hite spoke up and stated that there was no problem with time, that Eden Prairie could act on it at the meeting of May 14th as originally scheduled, that the engineering was proceeding for contract letting by 1 June and there were no problems at this point with any delay. There was a letter presented from 0 and 0 Realty stating that they were in favor of the improvements. Mr. Herliev Helle again stated that he was in favor of this. Mr. Don Anderson stated again that he was in favor of this. Mr. Herb Mason was in the audience and stated that he represented a group who owned property jointly and -,:hat the group was in favor of this project. No action was taken on the County Road #18 project. t i ITEM 4-16-68 MINNESOTA FIRE SCHOOL 1 No information was received from the Fire Department as to the individuals they wanted approved to attend the school. No action was taken at this point. ITEM 4-17-68 POLICE MUTUAL AID AGREEMENT Clerk Brown reported that the village had received the communication from the {{ 3 Hennepin County Police Chief Association requesting consideration of the Village t of Eden Prairie joining a Police Mutual Aid Agreement with the suburban F-- t03 Q i 1 COUNCIL MLLTING 7 9 April, 1968 communities and the Hennepin County Sheriff's Office. The clerk reported that Wayne Bennett, who is the Director of Public Safety for the Village of Edina and President of the Chief of Police Association had sent the letter. Mr. Bennett is also interested in Eden Pr airie in that he is a resident of the community and the clerk had talked to Mr. Bennett who recommended that the village Join this mutual aid. At the present time we would be more on the receiving end then giving end as we only have a one car operation in our community and it would not be a normal situation for them to pull this car out, although in certain civil diturbances, the county has requested a neighboring village to give us police coverage and had to pull our aeputy into the: metropolitan core area. The clerk recommended that the council approve the Mutual Aid and authorize the mayor to sign the agreement when it is prepared and to notify the Chief of Police Association that we are in agreement with their operation. Mr. George Hite from Edina was available to answer any questions. There being no questions from the council, motion was made by James brown, seconded by Warren Shultz to authorize the Mayor to sign a Mutual Aid Agreement for police r protection with the Hennepin County Sheriff's Department in the various suburban communities and to notify the Hennepin County Chief of Police Association that we wished to join in this project. C, Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-18-68 G.Y. SCHOENFELDER REQUEST FOR A MINING LICENSE ON THE: � FRANK SMETANA PROPERTY Mr. Schoenfelder is in the process of purchasing; this property which adjoins the property he owns over along; Highway 169 and County Road #39-Valley View Road , and requested a mining license. his actual request was for a land alteration permit to grade the land in accordance with the existing grading plan for the balance of his property because it would be necessary to remove some of the fill, the village asked that he apply for a mining license which he has done. The planning and zoning commission had recommended approval of this contract upon Mr. Schoenfelder receiving title to the property. Mr. Wood recommended approval. It was part of the overall plan for the area. It would meet the existing grades being worked on by Mr. Schoenfelder on the balance of his proeprty. Mrs. Phyllis Olson raised some question about what the Highway Department wanted to do with the area. She stated that she wants to go on record that we do ask the Highway Department what they think. At this point, the highway Department has not approached the Village of Eden Prairie with any intentions of going into this property for any activity. There seemed to be a discrepency over what we had in writing from the Highway Department and what they told Mrs. Olson on other property of Mr. Schoenfelder's. f COUNCIL MELTING 8 9 April, 1968 The motion was then made by Mr. Arthur Miller, seconded by Warren Shultz that we authorize the drafting of a contract and approving of the grading; plan, the issuance of a mining license pending final transfer of the title to Mr. Schoenfelder on this property and set the bond for $2,000.00. Upon a roll call vote, all members voted yea. The motion carried. ITEM 4-19-68 JOHN GULLICKSON REZONING HILLCREST 2ND, SET HEARING DATE Motion was made by Arthur Miller, seconded by Warren Shultz, to adopt Resolution 201 and set the Hearing Date for May 14, 1968. Upon a. roll call vote, all members voted yea. The motion carried. Motion was made by Arthur Miller, seconded by Warren Shultz, that the meeting be ad-. ourned at 11:05 P.M. The motion carried. i s C. Brown, Cler u