HomeMy WebLinkAboutCity Council - 06/11/1968 - Village Meeting COUNCIL MINUTES 11 June 1968
These minutes are electronically taped.
The meeting was called to order at 8:00 p.m. by Mayor Osterholt.
PRESENT WERE:
David W. Osterholt, Mayor Robert J. Lapic, Treasurer
James C. Brown, Clerk Quentin K. Wood, Engineer
Arthur W. Miller W. Harlan Perbix, Attorney
Paul R. Redpath Representative from Brauer g Associates
Warren Shultz
ITEM 6-1-68 INVOCATION
The invocation was given by the Rev. Stanley Starr of the Eden Prairie Baptist
Church, followed by the Council and audience joining Mayor Osterholt in the
Pledge of Allegiance.
ITEM 6-2-68 MINUTES OF 5-21-68
The motion was made by Warren Shultz, seconded by Paul Redpath to approve the
minutes of 5-21-68 as published.
The motion carried.
Minutes of 5-28-68.
A motion was made by Warren Shultz, seconded by Paul Redpath to approve the
minutes of 5-28-68 with the following corrections:
/ Item 5-23-68, No. 6 on the Excavation ordinance.
The second paragraph should read, a r. Wood recommended a permit fee of $5.00,
a bond of $1000 and insurance of $100,000, $300,000 and $50,000.
Item No. 7.
Change the $38,000 to $48,000 as the amount necessary for a maintenance building.
The motion carried.
ITEM 6-3-68 VOUCHERS
Motion was made Sy Paul Redpath, seconded by Arthur Miller to approve vouchers
5128 through 5225 deleting 5193 and 5218.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-4-68 PUBLIC HEARING
Frank Smetana property.
Mr. Smetana was represented by Mr. Burke of the Richfield Bank who is acting as
the guardian for the estate of Frank Smetana and his family. Mr. Burke requested
that the Council favorably consider the request for the rezoning as the Bank had
been given a substantial offer for the property. The money would be used for the
family of Mr. Smetana. At the present time, it is required that two homes be
maintained and the children have to be educated with a minimum income. The property
is not producing an income and the sale is contingent upon the rezoning.
COUNCIL MINUTES 2 11 June 1968
. Motion was made by Warren Shultz, seconded by Arthur Miller to adopt the first
reading of Ordinance j'/T and dispense with the reading.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-5-68 HERB MASON
Mr. Mason called and asked that he be moved to the meeting of June 25th.
No action was taken.
ITEM 6-6-68 BLACKTOP PLANT SPECIAL USE PERMIT REPORT
The attorney was unable to be present with the council but communicated some
information to members of the council.
Motion was made by Warren Shultz, seconded by James Brown to direct Mr. LeFevere
to send a letter to Midwest Asphalt, Inc. informing them that they are in violation
of building codes and zoning ordinances of the Village of Eden Prairie and they
were to cease their construction activities until the violation has been corrected.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath abstained, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
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It was also requested that a member of the firm or Mr. LeFevere appear at the
Council meeting of June 25th.
ITEM 6-7-68 SHOOTING PERMIT
Mr. Osterholt had a request from the Eden Prairie Boy Scouts represented by
Mr. Carpenter, the Scout Master to allow them to conduct rifle training which
would include the final shooting on the Norbert Rogers farm. They have permission
from Mr. Rogers to do this.
Motion was made by Paul Redpath, seconded by Arthur Miller to grant a permit to
the Eden Prairie Boy's Scouts of America to allow them to shoot at the conclusion
of their rifle training on the Norbert Rogers farm and to waive the fee.
The motion carried.
ITEM 6-8-68 SHOOTING IN THE VILLAGE
Mayor Osterholt brought up the question of shooting illegally in the Village of
Eden Prairie and the fact that there had been several near accidnets and a fatality
because of indiscrimate shooting in the community.
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Mr. /bk Mr. Wiley, Miss Sampson, and other residents in the Anderson Lake area
stated that they had to continually endure a barrage in and out of hunting season
with small arms fire in an area where only hunting with a shot gun should be
taking place. There was some discussion as to whether shooting should be banned !
in certain areas and how it should be handled.
A motion was made by Paul Redpath, seconded by Arthur Miller to instruct the
atorney to draft an ordinance prohibiting shooting in the Village of Eden Prairie
without a permit and to make it illegal to carry an uncased gun in the Village of
Eden Prairie without a permit.
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.r COUNICIL MINUTES 3 11 June 1968
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-9-68 )R,S. HOPE LINDMANN
Mrs. Lindmann appeared before the Council asking that they take up the consideration
of a mobile home court ordinance. She read to the Council several points of
fact as presented by her organization on mobile homes, the revenue they produce
for a community in the form of taxes, the number of children they produced for
the school system, and etc.
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She requested an ordinance be drafted so that then they could produce a plan to
fit the property and the ordinance which would be presented to the Council for
approval.
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Motion was made by Warren Shultz, seconded by Arthur Miller to request Mr. Brauer
and Mr. Perbix to draft an ordinance on the construction and operation of a
mobile home park.
The motion carried.
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ITEM 6-19-68 G.W. DREDGE
Mr. Dredge requested a hearing date on Block 2, Eden Heights.
Motion was made by Arthur Miller, seconded by Paul Redpath to adopt Resolution /5�
setting the hearing date for July 9, 1968 on Block 2, Eden Heights. {
The motion carried.
ITEM 6-11-68 TONY FIORENTINO
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Mr. Fiorentino appeared before the Board to request a variance to allow him to
build a house twenty feet closer to the front lot line then the ordinance
presently requires because of the grade of the lot and the location of the lot on
a curvature. He has approval from the adjacent neighbors on either side and had
approval from the Planning and Zoning Commission.
Motion was made by Paul Redpath, seconded by Warren Shultz to grant a variance to
Mr. Anthony Fiorentino to build his home up to thirty feet of the front lot line
on Lot 5, Block 1, Edenwood Addition.
The motion carried.
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Mr. Hauser who owns Lot 6, Block 1, Edenwood Addition also asked for a variance
because his driveway presenity encroaches on Mr. Fiorentino's lot and he wants
to build a garage with an access at street level rather than the basement garage
he presently has. In order to do this, he would come within nine feet of the lot a
line. There also is a problem of a utility drainage easement.
A motion was made by Paul Redpath, seconded by Warren Shultz to grant a variance
to Mr. Hauser to build within nine feet of the lot line on Lot 6, Block 1, Eden-
wood Ridge addition as per the attached exhibit and also Mr. Hauser to have the
lots surveyed and to work with the attorney to draft the necessary papers and file
f them to change the drainage easement from ten feet on either side of the lot to six
feet as presenity called for in Ordinance #93.
The motion carried.
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COUNCIL MEETING 4 11 June 1968
ITEM 6-12-68 VILLAGE HEALTH OFFICER
The clerk read a letter from Mr. Malvin J. Nydahl requesting that he be relieved
of the responsibility of village health officer and that the resignation be
effective July 1, 1968.
W Motion was made by Paul Redpath, seconded by Warren Shultz to accept Dr. Nydahl's
G resignation and express the community's thanks for his services over the past
..J years.
o The motion carried.
Mayor Osterholt said he would contact individuals and present their names at the
next meeting for appointment as village health officer.
ITEM 6-13-68 SCHOOL POLICE LIAISON
Mayor Osterholt stated that he had received a letter from the Village of Minnetonka
requesting consideration of Eden Prairie joining in a school police liaison
program with other communities in the Minnetonka's school district. A resolution
was attached to the procedure which could be adopted for the Village of Eden
Prairie.
The clerk brought up the point that in the proposals, a blanket levy would be
placed on the communities for the operation of this program,. As the Village of
Eden Prairie only had a small area within the Minnetonka School District, it was
felt that a levy should be based as far as Eden Prairie is concerned on the per
capita population of the school district within the confines of the Village of
Eden Prairie and not on the village as a whole.
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Motion was made by Paul Redpath, seconded by Warren Shultz to adopt resolution
# on the school police liaison for the school district and the Village of
Minnetonka.
The motion carried. f
The attorney was also instructed to include with the resolution, a note that
the Village of Eden Prairie wanted to have a funding based on the area in
Eden Prairie within the Minnetonka School District and on a population basis.
:ITEM 6-14-68 PLANNING AND ZONING COMMISSION
Mr. Brown reported that Mr. Edwa Sc lampp, a member of the Planning and Zoning
Commission, had asked to be relieved of the responsibilities as a Planning and
Zoning Commission member. The only reason he could give which he felt was a valid
reason fram the point of the Commission was that he was unable to attend a
majority of the Commission's meetings and felt this was not fair to the Commission
or to the community.
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p Mr. James Brown then moved, seconded by Paul Redpath to accept the resignation of
Z Edward Schlampp and express the appreciation for his services to the community.
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The motion carried.
ITEM 6-14-68 VILLAGE ATTORNEY
1. Second reading of Ordnance #114.
Motion was made by Paul Redpath, seconded by Arthur Miller to adopt Ordinance
#114 and to dispense with the reading.
The motion carried.
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COUNCIL MEETING 5 11 June 1968
2. Second reading of Ordinance #116.
Motion was made by Paul Redpath, seconded by Warren Shultz to adopt the second
reading of Ordinance #116 and dispense with the reading.
The motion carried.
3. The temporary sale of temporary bonds.
Mr. Perbix reported that he expected to have everything completed this week for
the bond attorney's opinion so that the sale could proceed.
4. The bond election.
Mr. Perbix reported that the final notices were being published and available
fo r posting.
Mayor Osterholt then recognized Mrs. Sonja Anderson of the League of Women Voter's
from the floor.
Mrs. Anderson read a letter from the League of Women Voter's favoring Plan B for
the Village of Eden Prairie and also asked for consideration for the Village's part
for paying for mailing a flyer to the community homes favoring the Plan B proposal.
They were advised that this could not be done. The board could not take sides in
the election as such. They can express personal opinions but village funds could
not be expended to promote one side or another.
Mrs. Talbot of the Democratic-Farmer-Labor Party was then recognized by Mayor
Osterholt and she read a statement from the floor favoring the Park Bond issue,
the Fire Bond Issue, the Maintenance Bond Issue and Plan B form of government as
acted on by the Democratic-Farmer-Labor Party at a party gathering.
The clerk was then instructed to read a letter from Mr. Smith in which the
Repulbican Party at an executive session had gone on record as favoring the Plan B
form of government.
The Council expressed its appreciation for the comments from these three groups
and their actions in favoring the various proposals.
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ITEM 6-16-68 VILLAGE ENGINEERING
1. Ordinance on bituminous or concrete driveways.
There was some more discussion on this matter but no action was taken. It is to
be brought up at the next meeting after further consideration by the board,
the attorney, and Mr. Wood.
2. The Excavation Ordinance.
This was an ordinance as originally presented by the Hennepin County League of
Municipalities to the various communities for a uniform excavation ordinance
so that any party doing excavation work in the Village would do a uniform job of
compaction, filling, and covering; replacement of damaged shrubbery, etc.
Motion was made by Paul Redpath, seconded by Warren Shultz to adopt the first
reading of Ordinance # 4 and dispense with the reading.
r The motion carried.
COUNCIL MEETING 6 11 June 1968
3. Calcium chloride for the street - 1968 policy.
Mr. Wood stated that the Village in the past had placed a dry calcium chloride
on the streets with the village sanders. This worked but at times the rate was
not uniform, some areas got more or less and it had a tendency not to be a
thorough a job as a liquid application.
He has checked into the cost of liquid and this can be put on for ten cents a
foot to the property owner on the side of a street involved. This would be
twenty cents a running foot on a normal village street.
He asked the Council to consider adopting this as a policy and also that there
would have to be 100% agreement and payment in advance before this could be done.
Motion was made by Paul Redpath, seconded by Arthur Miller to adopt: this Council
policy, the charge of ten cents per foot each side of the required right of way
to have liquid calccum chloride applied to the Village street and to require a
100% of the property holders involved paying in advance before a-y work is done.
The motion carried.
4. Eden Prairie Industrial Center Road.
Mr. Wood presented a letter in which he stated since original planning concepts
which additional thought had been given to this area and to the proposed road,
the present plan does not contemplate a through street in this area and ther of ore,
he proposed that the road be reduced from a 44 to 36 feet gutter to gutter width
with a nine ton road design.
Motion was made by Arthur Miller, seconded by Paul Redpath to approve the engineer's
recommendation for the Eden Prairie Industrial Center Road and to include it in
plans for the road.
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Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz requested that he be recorded as abstaining from the entire action and
James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-17-68 PARK AND RECREATION COMMISSION SUMMER PROGRAM
The clerk reported that the Summer Recreation people a proposed an insurance
coverage, a collection of a fee to cover the insurance coverage for the participants
for the summer recreation program. In order to cover this, adequately, the money
would have to be receipted into the Village. This would require either one of the
existing deputy treasurers to go to the area of the rec program or appointing a
special deputy treasurer for collecting this.
It was agreed by the Council and Mr. Lapic that this could be done by appointing
Dale Gustafson, the Director, as a deputy treasurer for this particular aspect.
A motion was made by Paul Redpath, seconded by Warren Shultz to appoint Dale
Gustafson, deputy treasurer for the Village of Eden Prairie to collect fees for
the summer recreation program, only.
C Upon a roll call vote, Arthur:Mlller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
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COUNCIL MEETING 7 11 June 1968
The clerk was to contact the insurance broker who handles the village insurance.
Motion was made by Paul Redpath, seconded by Arthur Miller to allow the clerk to
procure the necessary insurance for the village summer recreation program.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-18-68 HUMAN RELATIONS COMMISSION'S REQUEST FOR FUNDS.
e cleR read a letter from the Human Relations Commission requesting $100.00
to be spent at their discretion. Five dollars would be used to purchase a tape
recording by Mr. Whitney Young of the Urban League, the balance to be used as
needed.
The clerk explained that this was not the procedure as prescribed by Statute
or as the other boards in the Village- operated. They do have to get approval to
spend money from the Council. He was instructed to advise the Commission of this
fact. The clerk also asked that they consider taking $100.00 from the Contingency
Fund and set up a budget for the Commission so that there would be something for
the Commission to work with.
Motion was made by Paul Redpath, seconded by Arthur Miller to take $100.00 from
the General Contingency Fund and place it in a budgeted account labeled, "Human
Relation Commission" and to approve the expenditure of $5.00 from this fund to
allow the Commission to purchase a tape by Mr. Whitney Young.
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Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
The motion carried.
ITEM 6-19-68 DUTCH ELM DISEASE REPORT
The clerk reported that he had received from the State of Minnesota some special
tags and information asking that we participate in a Dutch Elm Disease report.
We presently have a weed inspector, a building inspector and an engineer who are
on the move throughout the Village pretty consistently. It was felt that these
people could handle this for the Village; placing the engineer in charge. t
There was no motion involved but the report forma would be turned over to Mr. Wood.
ITEM 6-20-68 VILLAGE PERSONNEL
e clerk reported that Mrs. Holngren had requested that she be changed from a
fee to a part time basis at this point so that she would come under the PERA,
the withholding tax, etc.
Motion was made by Warren Shultz, seconded by Paul Redpath to place Mrs. Holmgren
on a part time basis, rather, than a fee basis for the Village.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea,
Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea.
f The motion carried.
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COUNCIL MEETING 8 11 June 1968
The clerk also reported that with Mrs. Holmgren, this made two people on a
part time basis who were working almost full time. He asked that the Council
give some consideration as to the fringe benefits that these people might be
allowed to accrue under this basis; one of the individuals is with the road crew;
the other in the office.
This item will be on the agenda for the next meeting so that a program can be
adopted which would allow the people to participate in such things as the Village
hospitalization group policy program in which they cannot presently participate.
ITEM 6-21-68 IMPOUND FEE FOR DOGS
Motion was made by Warren S ultz, seconded by Paul Redpath to set a fee of $3.00
for the impounding fee on dogs picked up by the Village dogcatcher.
Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren
Shultz voted yea, James Brown voted yea and David Osterholt voted yea.
The motion carried.
ITEM 6-22-68 VILLAGE MINUTES
The clerk had previously sent letters to members of the Council regarding the
minutes and the fact that it was becoming a burden in making distribution and
the cost was becoming quite excessive.
Mr. Paul Redpath suggested not reducing the scope of the minutes are he felt they
were giving him some very good background material to go back to as items came
up on the agenda.
There also was the question as to whether all of the personnel who presently
receive minutes wanted them mailed to them or would be willing to pick them up at
a meeting of some sort. '}
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The Clerk was instructed to poll the other board members as to their feelings on
this matter and this would then be brought up at the next Council meeting. !c
ITEM 6-23-68 GENERAL SEWER SITUATION
Mr. Virgil Muller reported that t e Southwest District was scheduled to meet that
evening. They had set a proposal which he had just received a copy of to be
acted on regarding fees to be paid by the grillage communities as the construction
season got under way. He also reported that on general sewers for the community,
there would be a party come out in the area on Monday, the 17th and he would try
to make arrangements for a meeting sometime during the day with this individual.
He reported on the Edina project and this was approximately 95% complete and he
expected it to be available for book-up on July lst.
ITEM 6-24-68 ORDINANCE #115
Motion was made by Arthur Miller, seconded by Warren Shultz to adopt the second
reading of Ordinance #115 and to dispense with the reading.
The motion carried.
Motion was made by Paul Redpath, seconded by Arthur Miller that the meeting be
adjourned at 10:55 p.m.
The motion carried.
4Js=C, Brown, Clerk