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HomeMy WebLinkAboutCity Council - 08/13/1968 - Village Meeting COUNCIL MEETING 13 August, 1968 The meeting was called to order at 8:00 p.m. by Mayor Osterholt. PRESENT WERE: David W. Osterholt, Mayor Robert Lapic, Treasurer James C. Brown, Clerk Quentin K. Wood, Engineer Arthur Miller W. Harlan Perbix, Attorney Paul R. Redpath Bruce Pladson, Representative from Warren Shultz Brauer and Associates ITEM 8-1-68 INVOCATION The invocation was given by Mayor Osterholt, followed by the Council and audience joining Mayor Osterholt in the Pledge of Allegiance. ITEM 8-2-68 MINUTES The minutes of 7-23-68. A motion was made by Warren Shultz, seconded by Paul Redpath to approve the minutes of 7-23-68 with the following corrections: Item 7-24-68, the fourth paragraph, second line, the word should be emitted instead of omitted. Item 7-35-68, the second paragraph, remove the word authority after the words, the Mayor so that the sentence then reads, authorized the Mayor to act. The motion carried. The minutes of 8-6-68. Motion was made by Paul Redpath, seconded by Warren Shultz to approve the minutes as published. The motion carried. ITEM 8-3-68 VOUCHERS Motion was made by Paul Redpath, seconded by Arthur Miller to approve vouchers 5334 through 5421. 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. a ITEM 7-6-68 WALLACE ROAD Mr. Wood reported that he and the engineers for the project, the Lindsey Engineer- ing Company, had gone over the bids very thoroughly and recommended that the low 4 bidder, Associated Contracting be awarded the water and sewer contract in the amount of $2 8,468.75. Mr. J.V. Gleason, one of the partners in the project and one of the landowners, with his attorney, asked to be heard before action was taken on the matter. Mr. I Gleason raised some objections about costs and the duplication of work and the liability of the Village in paying for any duplications required on the Wallace Road project and any additional expenses to be paid by the Village over what had originally been required. i Because there are some legal requirements here that we are not able to determine at this time, the Council felt that Mr. Perbix should study the matter and come back at the next meeting. COUNCIL MEETING 2 13 August, 1968 Motion was made by Paul Redpath, seconded by Arthur Miller to refer the matter to Attorney Perbix and the engineer for study and report an action at our next Council meeting. By roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren Shultz abstained, James Brown voted yea, and David Osterholt voted yea. The motion carried. On the preceeding matter, Warren Shultz abstained fron all action and all discussion. 2. The Washington Avenue Hearing. Because of an inadvertent error in notification of the adjacent property holders, the hearing was not to be held on the 13th of August. A motion was made by Arthur Miller, seconded by Warren Shultz to continue the hear- ing to 8-27-68 and notification will proceed to all the adjacent property holders. The motion carried. ITEM 7-26-68 MOBILE HOMES ORDINANCE Mr. Veir Wood from the school stated that the School Board recommended that their attorney check into studies of mobile homes and the tax revenue they produce. The so called deficit has been reported to the School Board from a mobile home community in a school district. ( Motion was made by Paul Redpath, seconded by Arthur Miller to refer Don Brauer's report VA to the School Board for a report within ninety days. The motion carried. ITEM 7-3 3-68 SHOOTING ORDINANCE t The first reading of the proposed shooting ordinance was read. There was some discussion on the complete elimination of hunting in the Village and Mr. Perbix was instructed to cinsider certain areas where hunting could be allowed with a permit and how this would be worked into the ordinance; also the protection of crops by persons actively engaged in agriculture. Motion was made by Paul Redpath, seconded by David Osterholt to adopt the first reading of Ordinance #lli, an ordinance to control the discharging of deadly weapons. Upon a roll call vote, Arthur Miller voted no, Paul Redpath voted yea, Warren Shultz voted no, James Brown voted yea, and David Osterholt voted yea. Themotion carried. ITEM 7-39-68 CARBIDE GUNS There was some discussion on this with the attorney and some of the aprties who were involved as all of the complaints had come from outside of the community and the carbide guns were used as a protective device on crops. The people stated that they were trying to maintain the best control possible but there were times cbring the crop season when it was necessary to operate the guns at night. No other action was taken at this time. i G COUNCIL MEETING 3 13 August, 1968 ITEM 8-9-68 PLANNING AND ZONING 1. The planned unit development. Recommendation from the Planning and Zoning Board that the Council authorize an additional change to Ordinance #8 which would allow a planned unit development in the Village. VL p Motion was made by Paul Redpath, seconded by Arthur Miller to instruct the attorney 4 to draft a planned unit development ordinance; working with Mr. Brauer. The motion carried. 2. The request that the Council authorize the preparation of the necessary work to rezone certain land in Eden Prairie or unzone or rezone to another class that is not part of the present guide plan. This was referred to the meeting of 8-27-68 for Mr. Perbix and Mr. Brauer to have a report at that time. ITEM 8-10-68 PEDDLER CONTROL e clerk reported that many persons in the Village including a report from one of the deputies that day requesting a village ordinance on peddler control - to require them to be registered with the Village so that they could be checked on and in a way protect the citizens from people who are using unscrupulous tactics in order to sale unwanted items to persons. f Motion was made by Paul Redpath, seconded by Arthur Miller to instruct the ( attorney to draft an ordinance on peddler control. ` The motion carried. ITEM 7-23-68 WARREN PETERSON aMr. Peterson appeared before the Board to request a reduction of a on because certain aspects had been anticipated but had not materialized in moving his building on to the site in Eden Prairie. He had gone over this with Mr. Mood ` and they felt this could be accomplished without the additional expense that had been anticipated. Mr. Wood recommended that the bond be reduced to $4,000. Motion was made by Arthur Miller, seconded by Paul Redpath to reduce the requirement for a bond of $10,000 to $4,000 based on the engineer's recommendation for f Mr. Warren Peterson in moving a building into the Village of Eden Prairie. The motion carried. t� ITEM 7-27-68 GEORGE BURKARDS ON THE ALVES-HOLASEK PROPERTY Mr. George Nason represented Mr. Bur ar s, Mr. Alves and Mr. Holasek on -the plan o showing apreliminary plan for mining their property to make it more useable in --+ the future. They proposed to remove the hills by working from the road leaving = a permanent enbankment around the edge of the hill, approximately ten feet in height so as not to disturb any of the hillside to cause erosion and also to provide a screen to the removal operation. Mayor Osterholt brought up the point of a time limit. He felt that a three year limit should be placed on this project. Mr. Alves agreed that the project could be 4 accomplished within a three year time element. COUNCIL MEETING 4 13 August 1968 Mr. Wood felt that a bond of approximately $25,000 should be posted because they would also be using a Village road for a haul road and their usage would cause the road to deteriorate much faster than any usage that the Village would normally be placing on that road. There was some discussion on which plan to adopt and it was settled that Plan #1 was the plan showing a permanent brim around the mining area. Motion was made by Warren Shultz, seconded by Arthur Miller to instruct the engineer to draft the contract covering Plan #1 with the restrictions as indicated on a time limit of three years, the bond, the road and the general restrictions on operating times. 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 7-30-68 NICK SERIOS Mr. Serios was not there. There was some other people who questioned his action. This was continued to the next meeting. ITEM 7-34-68 SHOOTING PERMITS No action can be taken until the ordinance is finalized. ITEM 7-35-68 THE FIRE DEPARTMENT Mayor Osterholt reported that he was waiting for a survey and appraisals from an appraiser before he could finalize the property. As soon as this had been done, they would call a special meeting to authorize taking bids on the building. ITEM 8-4-68 ENGINEERING DEPARTMENT 1. Village Garage. Benjamin Gingold who is an architect and is presently involved in building a personal home in the Village offered his services to the Village as an architect on the Village Maintanence Building. Mayor Osterholt thanked him for his consideration of the Village and his request would be taken under advisement. He would be considered when the Village was selecting an architect to do the design. 1 2. Russell Zakariasen. Mr. Zakariasen who owns the Cedar Hills Golf and Ski area requested that the Village do some engineering work on Eden Prairie Road to prevent additional erosion and to Riley Creek. The property that Mr. Zakariasen owns has been worked on to make a small lake and to prevent the creek from silting up with the heavy rains this summer. All of his protection has been completely filled with silt from the ditches and he is asking the Village to consider whatever action is necessary to prevent further erosion on the ditch area. This was referred to Mr. Wood for a report and a limit of sixty days was placed on the time for hime to prepare this report. 3. Hennepin County Highway Department - Layout 2 for Hennepin County Highway Project #6741. This is a re-alignment of Shady Oak Road from the Crosstown to approximately one quarter mile from the junction with 169. f i v COUNCIL MEETING 5 13 August 1968 Motion was made by Paul Redpath, seconded by Warren Shultz to adopt Resolution .,!,' -/ approving Layout 2 for Project #6741. The motion carried. 4. Riley Lake Test. Mr. Wood reported that he had been taking samples of the water along the Eden Prairie side of Riley Lake and especially in the area of the beach owned by the Village. All of these tests had shown that the water was good except for one test taken by a culvert which he has been advised drains a farmyard when the water overflows at the farmyard area. He asked permission to work with the attorney in getting search warrants to check certain tool sheds along the beach area to see if they were sheds or privies. Also, he asked to hire Mr. Jim Hensley, the public health man from the Village of Edina to work under him in checking this area for pollution. It was felt the cost would not exceed $150.00 and we had already allocated $100.00 for the project. Motion was made by Paul Redpath, seconded by Arthur Miller to hire Mr. Jim Hensley to work with Mr. Wood on checking the pollution at Riley Lake, the cost not to '. exceed $150.00. a The motion carried. ITEM 8-5-68 EDEN PRAIRIE PRESBYTERIAN CHURCH j By re-arranging the building on the lot, they found they do not need a variance and asked to be withdrawn. i ITEM 7-22-68 EDEN PRAIRIE DEVELOPMENT COMPANY Mr. Rapp, Mr. Burn and Mr. Jenson representing the Ellerbe Company and Mr. Herb Mason and Mr. Lee Mason representing the Eden Prairie Development Company presented plans to the Council showing the development of the land owned by the Eden Prairie Development Company with areas of residential, industrial, and the industrial phase of a multiple dwelling type into a single family residential area. Certain natural boundaries such as the tree lines and some hills and waters are to be incorporated into the project to provide breaks and boundaries within the project. They have worked over these plans with Mr. Brauer and Mr. Brauer had recommended that the Village consider this area- as the total. Mr. Mason was asking only at this time for permission to go ahead with developing this area for the Tel-E-Lect people as they wanted to start building this fall. j They had prepared the site for Tel-E-Lect so that the highway could go on either j side of the site and if the highway did not go through that immediate area, they would still be able to develop the property properly. They would work out the necessary details on the rest of the area for final approval at a later date. Motion was made by Warren .Shultz, seconded by Arthur Miller to approve the building permit for Tel-E-Lect with the necessary restrictions placed on the property as per the SI ordinance except for the outside storage as recommended by Mr. Brauer, screening, layout, etc. , and the balance of the M-2 property to come for a SI zoning. Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted no, Warren Shultz voted yea, James Brown voted yea, and David Osterholt voted yea. The motion carried. COUNCIL MEETING 6 13 August 1968 ITEM 8-6-68 MRS. ALFRED PALVELKA Mrs. Palvelka appeared before the Board to request consideration for a building permit for property they own south of the Prairie View School. Some of this property is in the park plan; some is in the proposed park plan which has not been approved. It was generally felt that they could come in with a layout of where they wanted to build. Action could then be taken on their request as there was some of the property that was not being considered for park purposes that they wanted to use. No other action was taken at this time. ITEM 8-7-68 EARL WUNDERLICK Mr. Wunderlick did not appear. No action was taken on this request. ITEM 8-8-68 CONSULTING ENGINEERS Mr. Virgil Muller of Rieke-Carroll-Muller appeared before the Board and explained he had talked to the people in Chicago from the Housing and Urban Development Department and they had advised him to re-apply for a community planning loan which they felt at least a third of the Village could be covered for the aerial photo for the contours. Also he was advised that the water and sewer planning must be done at this time. He talked with Mr. Brauer. They generally agreed that approximately $80,000 should be asked for. This would be an interest free loan to be paid back as the area went under construction. Motion was made by Paul Redpath, seconded by Arthur Miller that the engineers, planner and clerk prepare the necessary application forms for the ?oan for contour sewer and water planning. The motion carried. i s 2. The Edina Connection. Mr. Muller reported that there were some areas where the contractor had not done the sob he was to do and they were having him continue to redo some work and complete some work; that they had not finalized the contract. 3. The Southwest Sanitary District. Mayor Osterholt reported that they had a meeting last Thursday in which the district financial man presented the money plans to the district to be passed on to the communities. Mayor Osterholt reported that he had set up a meeting with Mr. Ehlers, Thursday, August 15th. He would contact the people as to the place and time to discuss financing as far as the Village of Eden Prairie was concerned. i ;l He also had stated that the district wanted a place that they could use for office space. It was felt that we had some space in the hall which he had offered to i them to use for part time office space. Motion was made by Arthur Miller, seconded by Paul Redpath to offer the office space in the hall for the Southwest District and also for meeting area. The motion carried. ITEM 8-11-68 LETTERS AND REPORTS The Clerk read a letter of thanks-from the Sterling Field Association for sweeping their streets. F COUNCIL MEETING 7 13 August 1968 There was a letter from the Metro-Council that they had approved our application for LAWCON funds and a letter from the School District thanking the Village for having Mr. Brauer make his report to the Board. of Education on the Comprehensive Plan. ITEM 8-A-68 ELECTION JUDGES The Clerk presented a list of the election judges to work at the primary and general elections in the Village in September and November of 1968. The judges for District 1 Day Night Counters Mrs. Marjorie Woodhouse Allan Gavle Mrs. Marjorie White Ocdmor Skjelbostad Mrs. Evelyn Rogers Clifford L. Whitehill Mrs. Lorraine Raths Lois Brosdahl Beulah Eggan Colleen Evans District 11 Day Night Counters Mr. Fred Holasek Mr. Herbert Fosrocht Mrs. Pearl Wood Mr. Oliver Warner Mrs. Doris Johnson Mr. Henry Hauser Mrs. Nancy Autio Mr. Calvin Anderson Mrs. Beverly Kill Mr. Richard Anderson District 111 Day Night Counters Mrs. Ginny Gibson Mr. Norman Nelson Mrs. Dorothy Liljegren Mr. Albert 3rekke Mrs. Mildred Clark Mr. Leslie Wise Mrs. Beverly Holte Mrs. Betty Schaitberger Mrs. Betty Holt , Mrs. Dorothy Pennie Motion was made by Warren Shultz, seconded by Arthur Miller to approve the } election judges recommended by the Clerk. The motion carried. ITEM 8-B-68 SUNSET RIDGE Mr. Wood reported that the Gebco area bankruptcy proceedings had been settled. The money that the Village held in escrow had been released to the Village and he would have a report at our next meeting as to the areas he wanted worked on in Sunset Ridge with this money. Motion was made by Paul Redpath that the meeting be adjourned at 11:40 p.m. q on carried. C. Brown, Cle I