City Council - 06/14/1966 - Village Meeting COUNClL I,; ,'. TLS 14 June 1966
i
i'hF> *,r.<>et inc= was calle,.-I to order at :CO P.1" Ly Mayor Os L-crholt,
PRESENT
David Oster'r,ol.t , 'layor Arthur tiller, Trustee
Jat',r,s grow:: , C1?rt: Quentin Wood AP,-
Ke:u:eth Anderson , Trustec L1. Harlan Perbix, Attorney
Alvin Lien, Trustee
jTE:;I C-1-06 MINUTES
Motion w-a-s ?la F_' Alvin Br'ers and seconded 1..y Kenneth Anderson to anpr.ove. the
Minutes of %lay 25 , with certain spelling corrections. Motion was made by Alvin
bren and seconded Ly Arthur 'Miller to approve the minutes of May 31.
Both motions carried.
ITEM, _6-2-66 VOUCi{ERS
A70tion made- by Kenneth Anderson, seconded by Arthur hiller to approve vouchers
3213 throu^h 3265 for payment . 11,9otion carried.
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ITEM 3-6-60 ROAD AIND E;RID1E _FUND
1. Pe troleurn bids 31
Two bads had been received for petroleum products, one from the W.
Gordon Smith Company, the other from the Fiyin� Cloud Oil Company.
The bids were read and discussed. The over-all bids of the W. Gordon
Smith Company was low. They were low on 2 of the 3 items bid upon.
After some discussion , a motion was made by Alvin Bren, seconded �y
Kenneth r"n�:er:son to award the bid to the W. Gordon Smith Company. The
low total bidder providing they still held their bid open and would
honor it. The notion carried.
2 . Truck bids
! The truck bids were tabulated and the bid, the Hopkins Motor Sales
Company for. a Dodge truck with a Dunn body with trade-in was the
low bid on the 5 bids received , 'Motion was made 'y Alvin Liren, se-
condecl by Kenneth Anderson to award low bidder , Hopkins 'rotor Sales
for a Dod--,e Truck. with a Dunn Lody for $4 ,935 .00 with the trade-in of
the 1959 Ford Truck. The motion carried.
James Brown is recorded as having al:stained on this vote for reasons that is
basic. His employer is the White Motor Company which is a manufacturer of
trucks and lie felt that there should be no possibility of conflict of interest
on this matter.
3 . Tires for grader
Bids were received from three suppliers. The bids were opened and
read by the Clerk. And a motion was made by Arthur tiller, seconded
by Kenneth Anderson to accept the bids and to tabulate for action at
the next Council Meeting. The motion carried.
IT1-:V! 5-4-66 ALAI, FRANK GARRISON PUBLIC .iEARI14C
No one appeared to represent the petitioners in their request for re-zoning. �
A motion was then made 2 y Kenneth Anderson, seconder: by Alvin bren to deny the
application For rezoning.
The motion carried .
COUNCIL MINUTES -- 2 14 June 1966
T
ITEM 6-4-66 STUART W. CANNING
Mr. Canning d&d not appear to present his request to the Council. No action
was taken on this item.
ITEM 6-5-66 W. F. SHARP REPRESENTING THE SLURRY COAT PEOPLE
Mr. Sharp appeared and presented information to the members of the Council
as to what the Slurry Coat app,ication was and row it re-placed the seal
coat application of a oil followed by a loose gravel or sand mix on top of
the oil on a black top road.
He presented booklets to the Council showing the different areas this applica-
tion had been used in and how it had worked out and how also it could be
used on certain base roads to build up the road to give it additional years
of service. No action was taken on this information at this time.
ITEM 6-3-66 RUSSEL H. ZAKARIASON REQUEST FOR A SIGN
Mr. Zakariason appeared before the Council to request whatever Council
action was necessary to allow him to put up a directional sign on High-
way 169 on the property owned by Sever Peterson giving directions to the
Cedar Hills Golf Course which Mr. Zakariason is the proprietor of. He
explained that he had problems getting the people to the Course as the
location of the Course was hidden from any of the main thoroughfares in
the Village. This Golf Course is a Recreational asset to the Village and
it does not cost the Village tgxpayers for the maintainance of the
Course. The general feeling of all members of the Council was that any-
thing possible should be done to help Mr. Zakariason get people to his
course so that he could continue in operation. The Village attorney check-
ing our Ordinance advised the Council that a Special Use PERMIT @BULd be
granted under Section 5.1B4 Ordinance 8 for a directional sign.
The motion was then mane by Ken Anderson, seconded by Art Miller to grant
Mr. Zakariason's request for a directional sign, and to issue a Special
Use Permit for same under Section 5.1B4 of Ordinance 8.
The motion carried.
ITEM 6-6-66 JAMES, GLEASON, LOWINS KI REQUEST FOR A MINING LICENSE
Mr. Wood presented the information regarding the application and stated that
further study by all people concerned, they felt that there was no mater-
ial to be actually removed from the site and it would be moved from one
point on the site to another to accomplish a general leveling operation
over the entire site but that there was not enough material to actually
sell, therefore they felt that possibly they should withdraw their app-
lication for a mining license and apply for a land-alteration permit.
The Council generally concurred that if this was their desire, that they
should then properly handle it in this manner.
'^ A motion was then made by Anderson, seconded by Miller to refer this
matter back to the property owners for the correct request.
COUNCIL MEETING -- 3 lu June 1966
ITEM 6-7-66 GARRISON-JONES REQUEST FOR MINING LICENSE
Mr. Wood presented the necessary maps and application showing the area to be
worked over. It was generally agreed that they complied with all the Village
specifications and Mr. Wood said he had checked out that they did comply
with all the requirements of Ordinance 36 and that he recommended to the
Council the granting of the Miring License..
Motion was made by Miller, seconded by Anderson to approve the request,
set the Bond at $3,000.00 and authorize the drafting of a contract for this
Mining License.
The mot ion carried.
ITEM 6-8-66 WILLIAM BOSSART APPROVAL OF FINAL PLAT OF PONDEROSA HILLS
Mr. Bossart and Mr. Turnbull appeared before the Council with the final plats
for the Ponderosa Hills division on the property owned by Mr. Turnbull.
Everything was basically in order. The requirement for a road contract had
not been completed and general improvement contract had not been completed.
The attorney had not completely checked all of the drainage easements that
were presented to the Council.
A motion was made by wren, seconded by Miller to grant tentative approval
to the final plat subject to the improvement contract being prepared for
the Council action and the Attorney checking and finding no problem in the
easements presented to the Council.
The motion carried.
ITEM 6-9-66 HAGEN, MASON, CARTER, ASTLEFORD, GRIFFITHS, GARRISON, DVORAK,
SWENDSEEN HEARING DATE FOR REZONING
Motion by Ken Anderson seconded by Art Miller to adopt resolution
setting the hearing date for July 27, 1966.
The motion carried.
ITEM 6-10-66 G. M. Leddy REQUEST FOR 20 MPH SPEED LIMIT IN LOCHANBURN
ADDITION
The Clerk explained that by State law the Village streets were all zoned
for the 30 MPH speed limit unless posted by a authority either the State
or County for a higher speed limit. At the present time the Village has
made no request to the Department of Highways Commissioner in the State
of Minnesota for either higher or lower speed limits on any Village
roads and to change from the 30 MPH speed limit on roads under the Village
control would require as special petition to the State Highway Commissioner.
Mr. Leddy did not appear at this meeting. No action was taken on his
request.
COUNCIL MEETING -- 4 14 June 1966
fi
ITEM 6-11-66 MIKE SCHAITBERGER REQUEST FOR PERMIT FOR .22 CALIBER RIFLE
Motion by Miller, seconded by Anderson to den%r the application.
The motion carried.
ITEM 6-12-66 PARK AND RECREATION COMMISSION REQUEST TO REGRADE
VILLAGE PROPERTY BY METHODIST CHURCH
Request had been made to the Park and Recreation Commission as to the
feasibility of re-grading this property for play ground area. Mr.
Nygaard was advised that Village personnel had done a considerable
amount of site work on this piece of ground in order to make it feasible
to use as a possible base ball area and that a seeding operation had
been done on the site. The Council is to have Mr. Wood check this area
and prepare a report for the July 12th meeting as to the feasibility of
doing any major re-grading in there and the estimated cost.
ITEM 6-13-66 PARK AND RECREATION COMMISSION PERSONNEL FOR THE SUMMER
RECREATION PROGRAM AND ITEM 6-14-66
Mr. Nygaard presented the following lists of personnel and recommended
salary of $850.00. Terry Hanson to be the Student helper at a recommend-
ed salary of $50.00.
The motion was made by Anderson, seconded by Miller to hire William
Holte at a salary of $850.00 for the season and Terry Hanson at a
salary of $150.00 for the season as employees of the Village for the
Summer Recreation. Program and to have these people work under the direct
supervision of the Park and Recreation Commission. ,
The motion carried.
ITEM 6-15-66 MRS. JOHN RAGUET
Mrs. Raguet appeared before the Council with her request as to whether
the Village had taken over an easement road which she had granted from
Sunnybrook Road to the Lueth property as she was in the process of sell-
ing some additional property along this road and the parties had been f
advised that they could not get building permits along this easement.
The Village attorney and the Council advised Mrs. Raguet that under the t
terms of the existing Village Ordinances while the easement road was E
sufficient at the time it was granted for the Lueth's to build under the
present Ordinances in order to receive a building permit the party must
have direct access on to a public road and not an easement road and for
the Village to take this over as a public road it would have to meet the
necessary Village standards as to ,grading and final finishing which
would include black-topping. Mr. Perbix advised the Council that if
they felt it necessary they could grant a variance as to the final width
of the road right-of-way if this became a hardship on existing homes in
the area. No further action was taken on this matter at this time.
7 r2 Z
6_16-6F, IIFIJ 'IILLCVOTL
:11r. 7'_, llcvcte_ was re-.-)re-,en-1eci '.)y 1)icr,, "cCorr_. who read a resolution
fro!r.' t1hC Javcees. 17 e ` ut 'or,rcso- .-1 -%1 s ','0 t is thP. fc=: tc) le tvc! wit-1, the
u n c i 1 a r.ill u,,4 t 1-1 the Coji,.,cT ' 3ct,jally rtr_eives a i,rr_ ten copy of t0is
J
r(.1solution no action in it .
S SIr FOR
A'J.�, XELTY A.'�'_D- ',1,IC11'A')1)
:,T
CLNSL
Neither Party had appeared before the Council. Mr. Kelly head requested a
post-)on. emL!nt to the followlrl^ Cou-cil Meet.
L.1717 No ac--ion vas taken on
elter renurs- .
"AYOR
the Plannini,, ZOr,4'jj,,, C-
oF t,-je ""*aster 7"'an
C3 V.-- 1 -a-.e -Of T-'-'( n Frair-Je. The Coimmiission had J"In a 16 , 1966.
The p<�--_rsonr.el. Tor this ,j-_�uju 1,ot he available for presen-ti-,15!
I - the. special
tlieir i-nforriatic�n to the Joint hodies anc: thy: Council has .-.,ow set
mi P e t in? or lir,,
Coa-,icil tLat the Villag_e had ht�ce of -cially servea
wil-h. a s"l-n.-mcins "-,v T . r,. ',ianes and J . �,4. Haynes and the complaints are
a.r.!Ainst the Villa,ne of Eden Prairie and several other partie-s. The summons
hac�' 1-jeen turnedk over to t'ne Vill.a e i%ttorney, r1r. Peel. ix and Mr. PerDIN rp--
1
porte-i t,'4at the parties involvec' in the complaint of which the Village is a
third! or fourth party appear to '--e able to work out their differences and
'71r. Perbix had �:otten the attorney for the complainers to change from a 20
lay answering- perio
d
I to an indefinite answering period and under the cir-
cums-cances -the Council advised not to take any action at this time. Mr.
Perbix is to continue to worl- with the two Major parties involved to see if
this can't be worked out so that the complaint can be withdrawn.
ITLI' 5-22-66 VILLAGL PERSONNEL
1 A motion was made by Arthur 'Hiller, seconded by Alvin Bren to hire
Mrs . Blanche Holmquist as Receptionist-Secretary for the Village
Hall at a salary of $1. 50 per hour and to aproint her deputy
X treasurer for the collection of monies for the Village.
The motion carried .
2. Request of L. E. Whitmer as to what his official date of hire
z
V2
w9c
LA_
C3
0�j ( 7', 7 n I C"�C,
of 1-r-nefits ,
4
as v7acat anc' sl_ wer-E, actvised L'y tI-_,e Attorne,
his stat,_; witE the Villa:--e as ari employee f,--Iartc(-. on the
his -en as an F--lectac' of"icial ex7iro(�.. his c f f-i c I
c a!:o of '.Ire, !�, Tonuar:'
rl:-:tr---, 7:o--ion -,,,as I y Alvin Seccnr!el, by Ferincth
!-'Ln-�erson to atltlic,-ri7e Ray to 1-hire "irl Weyer as an extra
r.ari on the roar: cre,.,t at th(, sp(-:c,.jiI salary of Der hour , and
to authorize the use (-,,f —s . '-3:irth at the Vill -a'pe Hiall for extra
tT'Y'�Inr' at a salary of .-ner licur, I.
I he motion carried .
A mot for was -,n.,ide � y Arthur !'tiller, se�conded Iy Yernne-111; AnC'erson to have
Cuentln rtoo check with trie Clerk on renuests in renuirements for
extra helr-. For tfie VillaFe office.
Th- carrieCl .
"onc ill iat ion
Tho. Pa,,rnr reqLaestedl permilssion frcm the Council to represent the
Council at a Concilliation 'Meeting of June 15, 196f" with -the
S,tate T ahor Conc-illiator and the representives of Local 49 re.cTard-
inr the demands of the road crew.
'Otion :,ra inadP by -.TaTnes Brown , secon(led by Alvin Prey, to authorize
l at the Concilliation "eetin�- on
the '.Iavor to represent the Council
June 15 , 1766.
The -notion carried.
I TEM 6-23-6f THE BOARD OF RLVIE'ri
1:o action was taken on this. The Board of Review to meet a:7, previously set-
up at 1:00 P .M. cn Jul,,., 12 , 1966.
IT1,111 6-24-66 QUENTIN WOOD METING, Or WATER RESOURCES OF RESEARCH CENTER
This meetln:7 ha(I a;:)T),_nrent:ly already been held. No action was taken on this.
PEEN, 6-25-6t") QUENTIN WOOD WESTGATE STORM SEWER
Mr. 'ul ?fit in Woo(] presented to the Council his recommendat ions for storm drai-.Ilf--_,e
in the West-ate area. fle stated that they should put in certain storm
drains and change some road contours in order, to -rovicle acenuate drainarTe
in -,:ha ;Iroa . He- reminded the Council that the area, hc� was working in had .
already CI
been approve ' and he had no legal way to compel the developer to
cio tnis. it WaS U-, -10 t!`0 CCUTCil to dietet'T,-Iine. if they wanted to ask the
'eveloper to do it or not , but he was hrin,, ing,, this to the. Council's
attention as it was a requiremcnt that should Ihave Lien ;out into the
oricrinal ,DIat: of ti-e area . 'i'hc nttorney also adviGe-,I the Council- that
th�_7 cou."d not re-nuire the Jeveloper tc do anythincT in this part-
icular tr- :i is ::ad approve(I the plat . :iut they coul(:' work with
ie if. Diversified Devel000ers who LI �vf2loper to nee what- coul(I 11;e worke;.I out.
C0't.7I1;'CIL :4:;,;'I'IIJC- - 7 14 June 1966
are develoPI ..n.,, tlh-e area a.a so ci!J-earec: before the Council and stater, that
at the T)resent time tl;cv d.-d not {eel they would li?{e to di,ET Lip and re-
place ar. F' + t1I":,= ^C , anc' also put in aClGitlonal money into draina .e that
had been previous-ly approved. They would take care of certain draina7e by
moving the water from tine Present i.best;,ate area on to additional land ti:at
is not yet approved for development in the Westgate area. I Iis would not
casue any problem as the water would be on their original property and not
on someone else's property.
A motion was mare Ly Arthur ~Miller, seconded by Kenneth AndersoI: that if Diver-
sified Dovelorers sends in a letter stating that they will provide the necessary
drainage as pr.opcsec'. in their ver al commitments of 14 June ,, 1966 at the
Council Mleet.M� , they will authorize the Developer to put in the necessary
road in the existing platted area.
The motion carried.
ITEM 6-26-66 RILKE, CARROLL, MIULLER LLINA SLWJL R t
Nir. 'Muller appeared before t1te Council to state that the VillaP;e was or. the
1
Agenda for the ul2riC' 217tf1 meeting Of the LCillici Villa:�e Council -,In(:! llri1P_:;S �
something cr<-istically happened between t;ie iiopk ins-.:ding contract , the P
Village of- Ltlen Prairie woulu be allowed to appear and questions and answers s
:riven as to The feasibility of the F"dina hoop-up. ':r. Muller requested that
as many errbcrs as possible of the Council appear with ti:en lefore the Edina
Village Council . t'r. Perbix was preparin- a resolution and requested a
notion.
A motion was r.,ace Ly Kenneth A?ir:erson, seconded Ly Alvin 11ren to adopt resolu-
tion 1. 1 r�rdpr 'ng a preliminary report on the Edina Sewer.
The motion carried.
ITEI" C-27-6t t1" a:I NIT�1; ;ffn
'f l✓✓
Vt
Rieke-Carroll reporte< that thiere hacl been an approval of ;":innetonka's request
for a variance on the i•iinnesota River. This approval was to allow a plant
with a capacity of. 25 ,000 persons. I`innetonka had remit-sted a meeting with
E(jen Prairie. At this time the date had not been set For the individuals
to get toj7ethor with the Villas;,- of Eden Prairie Personnel for discussions
on this matter. :.o further action was carried out on the 191nnetonka Sewer.
ITEI: 0-2 66 SPECIAL MEF;TING ON TifE PLATTING ORDINANCE;
..:iy.^r Ustert olt asked for a special meeting on July 16 , 1966 at 1 :00 P.M. to
consi,;er the b,ilance of the Platting Ordinance. This meeting to be devoted
solely to this particular matter.
ITEX 6-29-66 PUBLIC NOTICES
Apparently there has been some mis-understanding as to how ?public Notices
are tc .,.e han..led y ecau e there are certain legal reeluirements in Public
i
i
C, C 5 It W,as 7:)roT Cr way Is to leave all Pu-hlic _'Iotices re-
tne r".T.torne-v t,%c- Attorney ;Iaicc t1he ;, ctice 1F--2 nuLlicatioll ir.
_'iotices only
ro r7, tfrom 1 i e C h a i ri-,1,.:.in c f file P!,an i i is rr i 17 1 so that
ii� tc il.,c or 1-i V C tl I e
nul-li hod. In order for a notice to nave official
status it must covered LY a notion in the minutes of the or;-,anization
V-1at Is -,-I-e Notice-.
TIY 3 6 6 T*7�7 FIE r)l JF STE:
`avor rtF!iut,-tc, that the -:n-irneer draft snecifica`or • for the
an(.1 ;-,-tr1,erry Lang'. an(r t*i_.e '�r,-3ina-e. -to I)e
rnio i:nnrnve,-nen-r: to consint, T_If_- ir-, is ;a c e
us ii that -rl-. could be c1c,,ne
_r, n c! sun�.iry ri,�_,a..L this wc
T t I
anc' rhc_ varlo,,is In:)rc;v(-.,,e_:jts t�,� A.t couIct 1,(.! Dilt 1-y, 7.nc. est_Ll �,,ated cos* s hy the
a o n s fo r L,I a,c k t o, -, I n 7 t'i e, V. a 7,P a I i ,a r n^ a r e a
I AI.S�'- specd Hccit Ions to 1.(�. -.resente�_: to ti.f: Council -a-, their Ju_Y 12LI,.
ri.por-tt,,! that he contac-!-c-,,I attorney Selz , whlo re-. resents the
wrho are rcspolrlslI; lc for tll.c IIidi,7,e area.
h,IC Ma"C ccrtal to 7,1r. Selz, vho said 'Le woul-J, contact the Gebco
D e C ADICI 3111(a firla"' cut -,:i,ether or not tjiey vioulci reply to these requests. At the
time of the iiieeti-_� he har. not raceivec a reply fro- Mr. Selz. f"urther
actIon was toRr-n at this time.
1 . Civil (lefense
to compiete- the n o -i and have for the next
t -r-essary action
Council meetin-, .
L. iricustria-I com.mission
1A I Mr. Perhix -o conij-)lete fr�m the basic OrOinances that have Leen given
to him witli thi informarion Supplied to ',.im and have for the next
3. Eeq'i:e-stti(! clian��e on the SI
A motion was made by Kenneth Anderson, seconded by Alvin Bren to refer
to the Planning and Zoning Commission for their recommendations on
changing the SI Ordinance to eliminate outside storage.
The motion carried.
1{ . Resolution f,126
Motion riad#a by Kenneth Anderson, seconded by Arthur Miller to adopt
Resolution 126 terminating the Willow Creek Assessment DrOject .
5. Ordinance 77
Mlotion by Alvin Bren, seconded by James Brown to adopt Ordinance 77.
The motion carried.
t4
COUNCIL MEETING -- 9 14 June 1966
ITEM 6-31-66 QUEN'rIN WOOD ON HHFA LOAN
No action was taken on this matter at this time. It was felt some further
background work should be done by Reike-Carroll-Muller in preparing inform-
ation for the Council to consider on this matter.
ITEM 6-A-66 MOTION by Anderson,= seconded by Bren to authorize Quentin Wood
5 days vacation. the motion carried.
The meeting adjourned at 1:00 A. M.
1
James C. Brown, Clerk
f
e
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