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HomeMy WebLinkAboutCity Council - 08/27/1968 - Village Meeting COUNCIL MEETING 27 August 1968 The meeting was called to order at 8:00 P.M. by Mayor Osterholt PRESENT WERE: David W. Osterholt, Mayor Warren Shultz James C. Brown, Clerk Robert Lapic , Treasurer Arthur Miller Quentin K. Wood, Engineer Paul R. Redpath W. Harlan Perbix, Attorney ITEM 8-12-68 MINUTES Motion was made by Paul Redpath, seconded by Warren Shultz to approve the minutes of 8-13-68 as published. The motion carried. ITEM 8-14-68 VOUCHERS Notion was made by Warren Shultz, seconded by Arthur Miller to approve vouchers 5422 -through 5435 for payment. 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 8-15-68 PUBLIC HEARING The property along old County Road #18 and Washington Avenue was requested to ' a be rezoned to SI. All notes and information on this are in Hearing File #36. Motion was made by Arthur Miller, seconded by Warren Shultz to instruct the attorney to draft an ordinance rezoning the east 400 feet from the property abutting old County Road #18 between County Road #39(Valley View Road) and s State Highway 494 from RA and POC to SI. The motion carried. ITEM 8-24-6$ MIDWEST ASPHALT The clerk read a letter from Mr. Wiik stating that the State of Minnesota was unable at this time to do the necessary testing as requested by the Village. He had recommended a Doctor Paulus from the University of Minnesota to do this f testing. Dr. Paulus contacted the clerk and stated that he would make a check s on this and advise the clerk as to the feasibility and cost of the testing. The clerk has not heard from Dr. Paulus as of the date of the meeting. This was continued to 9-10-68. ITEM 7-27-68 ALVES-HOLASEK CONTRACT It was not ready and was continued to the next meeting. ITEM 7-30-68 NICK SERIO S Mr. Serios appeared before the Board requesting permission to split two lots in a different manner than originally set up. He had talked to 'the Willow Creek people and showed that by changing the lot lines, the lot that was presently the Willow Creek lot would be enlarged from approximately one half acre to over one acre. They had an agreement that this was good for the area and had no objections to having his lot split in the manner that he had suggested. Motion was made by Paul Redpath, seconded by Arthur Miller to approve the re-division of the lots as requested by Mr. Serios and to authorize the attorney s to draft a resolution to this effect. The motion carried. 9 COUNCIL MEETING 2 27 August 1968 z ITEM 7-33-68 SHOOTING ORDINANCE SECOND READING Mr. Perbix read the ordinance as originally read at the meeting two weeks ago. There was some discussion on whether or not certain changes should be made such as the allowing of shooting for hunting with permits or the allowing for shooting to protect the crops, or the allowing of an individual to have weapons in their f— homes without a permit. to e: Motion was made by Paul Redpath, seconded by David Osterholt to adopt the second p reading of Ordinance #117 with the addition of the word home or homes in Section -� 3 and deleting the paragraph one in Section 5. The motion carried. ITEM 7-34-68 THE SHOOTING PERMITS This is being delayed until the Council sets some ground rules for shooting permits. This will be considered at the next Council meeting. ITEM 7-35-68 FIRE DEPARTMENT 1. The land and buildings. Mr. Perbix discussed with the Council the procedures for the acquisition of land by the Village or any governmental body. The first step is to determine the exact piece that is required by a description. The second step is to have an appraisal made on behalf of the Village. The third step would be to negotiate against the appraisal price with the land owner. If an agreement cannot be reached on this matter, the final step is to go through the :ondemnation or eminent domain procedures. Mr. Perbix also explained for the benefit of the Council and the audience, the condemnation procedures - the drafting of the petition, the court appointment of appraisers, the appraiser's action, the trials by jury, and the basic time elements involved, the costs and so on. Mayor Osterholt reported that he had contacted the owner of the property where the Village desires to place the fire station. They are quite far apart in the negotiations and seem to be at an impasse. He suggested to the Council that they consider starting the condemnation procedures so that they could go ahead with the acquisition of the property as the fire department is in need of an Z action very soon if the building is to be started this fall. Motion was made by Paul Redpath, seconded by David Osterholt to adopt the resolution authorizing Mr. Perbix, the village attorney to draw a petition for condemnation proceedings on the land required for the fire station in the Village of Eden Prairie. The motion carried. 2. Fire Prevention Week. Mr. Ray Mitchell, Chief of the Fire Department had presented a request to the ¢ Council for approval to purchase certain items for Fire Prevention Week by the �C Fire Department. The total came to $75.50. . Motion was made by Paul Redpath, seconded by Warren Shultz to authorize the fine department to make the purchases of the materials for Fire Prevention Week up to $75.50. COUNCIL MEETING 3 27 August 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. There was also a request from the Fire Department to place heavy duty springs on the Scout which the Fire Department had for a grass fire fighting vehicle. The cost of these springs was $50.00 and the men in the Fire Department would make the installation. Motion was made by Warren Shultz, seconded by Paul Redpath to authorize $50.00 for heavy duty springs for the Scout. Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren Shultz voted yea, and James Brown voted yea. The motion carried. ITEM 8-6-68 MR. AND MRS. ALFRED PAVELKA The Pavelka's appeared before the Council with a half section map showing their property and showing the location of a building site on their property. After discussion with the Council and reviewing the Guide Plan as presented to the Council for various Purposes , it was decided that this property had been approved for multiple residential property and as the Pavelka's own all the piece in question, they would be authorized to build on it. The present zoning was M-2 and would require the Council to authorize the issuance of a building permit by the Building Inspector in this area. Motion was made by Warren Shultz, seconded by Arthur Miller to authorize the: Building Inspector to issue a building permit to the Alfred Pavelka's on the south half of the north 35 acres of the north west quarter of the northwest quarter of Section 8, Parcel 5200, Plat 56708 for a residential dwelling and a farm type storage building. The motion carried. ITEM 8-15-68 PAUL MCCONNELL - APPROVAL OF VARIANCE OF LAND SALE ON PIONEER TRAIL Mr. McConnell appeared requesting permission to sell off a parcel of land of approximately one acre on the property owned by him and his family on Pioneer Trail. This would square off the property as the lots next to it had already been sold. ... Motion was made by Paul Redpath, seconded by David Osterholt to grant a variance from Ordinance #93 to Paul McConnell and authorize the attorney to prepare the necessary resolution for this. The motion carried. ITEM 8-16-68 RY MAR LAND CAMP The people appeared but stated that they did not have all of the requirements ready and asked to be considered on the next agenda. No action was taken. ITEM 8-17-68 WILLARD ANDERSON Mr. Anderson was not present. No action was taken on this item. i j COUNCIL MEETING 4 27 August 1968 ITEM 8-18-68 BURY AND CARLSON The clerk read a letter to the Council from Bury and Carlson requesting permission to haul from their gravel mining operation on Highway 169 to the Highway 62-169 interchange where they are sub contractors to the basic contractor to supply material for the road. They are requesting a ninety day permit. Motion was made by Arthur Miller, seconded by Paul Redpath to grant the ninety day permit to Bury and Carlson to operate until 10:00 p.m. with the hauling and loading of trucks only. There will be no crushing operation. They are restricted to using Highway 169 for their operation, only. The motion carried, ITEM 8-19-68 VILLAGE ATTORNEY 1. Deed for Henry Hauser to reduce the easement on his property so that he can build closer to the property line. The property had an unusually large drainage and utility easement. Motion was made by Warren Shultz, seconded by Arthur Miller to authorize the mayor azd clerk to sign a quit claim deed to Henry Hauser for three feet of the ten foot easement on the westerly lot line of his lot in Edenwood Ridge (Lot 6, Block 1, Edenwood Ridge Addition). The motion carried. 2. Peddler Control Ordinance. T;iis ordinance was not ready. 3. Planned Unit Development Ordinance. This ordinance was not ready. 4. Ossanna contracts. There was some question on this. Harlan Perbix wanted the Council to be sure they understood the possibilities that could not be construed and entered into this contract. Mr. Shultz also felt that at this time Mr. Bruaer had more than enough work with the Village of Eden Prairie to take on this action. Motion was made by Warren Shultz, seconded by Paul Redpath to reconsider the action on the Ossanna-Brauer-Village of Eden Prairie contract. The motion carried. ITEM 8=20-68 VILLAGE ENGINEER 1. Placing of surveying monuments on village roads by the county surveyor. Mr. Quentin Wood explained that as the county surveyed a village road they had requested a permanent type monumentation of the road be made on the right of way lines ; that this be done with iron stakes with brass marking plates on them. The county was willing to put the stakes in and supply them from their stocks if the Village would pay the costs. Motion was made by Paul Redpath, seconded by Arthur Miller to authorize the payment / of the costs of the monuments as the county uses them in surveying and marking ( roads in the Village of Eden Pr airie. f 1 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. r i COUNCIL MEETING 5 27 August 1968 2. Replacement for a member of the road crew and accept the resignation of Mr. Robert Clark. Mr. Quentin Wood stated that Mr. Clark had worked some 2 1/2 days approximately for the Village and then told Mr. Picha that he was leaving and would not be back as he had some other job which he felt was more in line with his talents and time. Motion was made by James B rown, seconded by Paul Redpath to accept the resignation of Robert Clark. The motion carried. Mr. Wood stated that the other applicants that he had on file had accepted jobs. He would advertise for new applicants and present the information at an early Council meeting. ITEM 8-21-68 SOUTHWEST SANITARY DISTRICT Mayor Osterholt and Warren Shultz discussed the proposed resolution as presented by the Southwest Sanitary Sewer District for the financing of the costs of the District for 1968 and 1969. Mr. Shultz favored the adoption of the resolution as he felt the District needed this money to proceed with its work and should not be delayed by any action at this time. Mayor Osterholt felt that this financing was not in the best interest of the Village of Eden Prairie and other information had been made available showing that this could be financed in a different manner. There was much discussion on the aspects of financing and voting and so forth with the Village of Eden Prairie and the Southwest Sanitary Sewer District. i Motion was made by Paul Redpath, seconded by Warren Shultz to adopt Resolution #4.30• Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren Shultz voted yea, James Brown voted no and David Osterholt voted no. The motion carried. ITEM 8-22-68 STEPS IN THE ACQUISITION OF LAND BY THE VILLAGE Mr. Perbix haT previously gone over the Basic requirements in the acquisition of land and the discussion of the fire department problem. He also stated that Mr. Bergin's attorney had been in contact with him. He asked what steps the Village had started to take to acquire his client's land. Mr. Bergin owns the property on Anderson Lakes. i It was felt that initial action should be taken by the Village to determine which way we would have to go. Mr. Perbix, Mr. Brauer and Mr. Wood were appointed a committee to meet with Mr. Bergin and his attorney to determine the amount of land he owned and the price he was asking for it and report back to the Council. They would then be prepared to make the necessary actions and advice to this group. ITEM 8-23-6 8 LETTERS AND REPORTS The clerk presented a letter from the Hennepin County League of Municipalities regarding the special meeting on September 5th at the Ambassador Motor Hotel where there would be workshops, etc. for the various people involved and also a dinner meeting. COUNCIL MEETING 6 27 August 1968 ' Motion was made by Paul Redpath, seconded by Warren Shultz to authorize the expenditure of $5.00 per person for this meeting. 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 8-24-68 BILL BECK£ELD - EDEN PRAIRIE ATHLETIC ASSOCIATION Mr. Beckfeld appeared before the Council to ask for help in the installation on the field the Village leases from Flying Cloud Airport for recreational activities in the community. F-- He stated that $180.00 would be needed to complete the installation. They had t4 poles, a certain amount of wire, and the people to do the work, to make the ti meter hook up and so on. o Because this property is leased from the Airport's Commission and the terms of © the lease require that any structures on the property have the prior approval = of the Airport's Commission, the lights require the approval of the Metropolitan Airport Commission. The Airports Commission has a requirement Placed on it by the Federal Aviation Agency for approval of any lights on the airfield property. It is necessary to get approvals from both areas. 1 Motion was made by Arthur Miller, seconded by David Osterholt for the clerk to request permission for the installation of lights on the field from the Metropolitan Airports Commission and the Federal Aviation Agency. Upon a roll call vote, Arthur Miller voted yea, Paul Redpath abstained, Warren Shultz voted yea, James B rown voted yea, and David Osterholt voted yea. The motion carried. 3 Mr. Perbix also was to check into the question of whether the Village could donate the money to the Eden Prairie Athletic Association for something such as this. ITEM 8-25-6 8 HOWARD K. JOHN SON Mrs. Johnson who is the operator of Kay's restaurant in the Executive Hangar at {� Flying Cloud Field, had applied for a 3.2 beer, on and off sale licenses from the Village of Eden Pr airie. fir The clerk stated that he had contacted the Sheriff and they had no problems reported in the area and felt that the licenses could be issued in this particular o peration. Motion was made by Warren Shultz, seconded by Arthur Miller to approve the issuance of 3/2 beer, on and off sale licenses to Mrs. Katherine Johnson for Kay's Restaurant at 13801 Pioneer Trail, Eden Prairie, Minnesota. The motion carried. ITEM 8-A-68 FEDERAL PLANNING GRANT t� Mr. Muller reported that he had now prepared the necessary information for asking aC for a $809000 federal grant planning loan, without interest for the planning of * cs., sewer and water and a contour mapping of the Village. He needed permission from p the Council for a signatory on the application. ..a CD .-/f i i COUNCIL MEETING 7 27 August 1968 Motion was made by Arthur Miller, seconded by Warren Shultz to authorize the cleek to sign the application for a $80,000 planning loan. A motion was then made by Arthur Miller, seconded by Paul Redpath to adopt the resolution approving the request for this loan. Both motions carried. Motion was made by Paul Redpath that the meeting be adjourned at 11.15 P.M. The motion was unanimous. d s C. Brown, Clerk- 3 4 i S