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City Council - 07/12/1966 - Village Meeting COUNCIL MEETING 12 July, 1966 The meeting was called to order at 8:00 P.M. by Mayor Osterholt. PRESENT WERE: David W. Osterholt , Mayor Arthur Miller James C. Brown, Clerk Rolfe Haugen, Treasurer Kenneth Anderson W. Harlen Perbix, Attorney Alvin Bren Quentin K. Wood, APW ITEM 7-1-66 MINUTES Motion by Alvin Bren, seconded by Kenneth Anderson to approve the minutes of June 14, 1966 as published. The motion carried. Motion by Kenneth Anderson, seconded by Alvin Bren to approve the minutes of June 22, 1966. The motion carried. Motion by Arthur Miller, seconded by Kenneth Anderson to approve the minutes of June 27 , with the addition on ITEM 6-D-66 between the two paragraphs, add the paragraph that Quentin Wood, the Village Engineer recommended a 36 foot roadway. With this addition the minutes were approved as published. The motion carried. E ITEM 7-2-66 VOUCHERS Motion by Alvin Bren, seconded Ly Kenneth Anderson to approve vouchers 3273 through 3316 for payment. The motion carried. ITEM 5-11-66 EDINA SEWER PUBLIC HEARING Hearing file #17 contains all the necessary notes and information on this matter. Mr. Carroll of the firm of Reike, Carroll, Mueller and Associates, presented the information on the sewer. None of the affected property owners appeared in opposition to the sewer. A motion was made by Kenneth Anderson, secold by Arthur Miller to adopt Resolution 129 ordering the improvements in preparation of the plans. The motion carried. ITEM 7-3-66 NORTHERN STATES POWER Mr. McKellip and Mr. Welk appeared representing Northern States Power. They again went over the plans which had been preliminarily presented to the Council on June 22 showing the proposed routes and lay outs of the transmission lines and the location of the Sub Station. Mr. Peterson of the Citzen's League representing the Citzens in the Duck Lake area presented a letter objecting to steel tower transmission lines in this G WX COUNCIL MEETING - 2 12 July, 1966 C area and it was explained to Mr. Peterson that the carrier line which would be C' following the road would be a construction of wood poles using the existing line. The only difference would be the poles would be heightened. The special lines carrying the high voltage would be on top, and the local service lines would be below. They would replace the present line with new poles over the routing as suggested by the Zoning Board , instead of going cross-country as originally was proposed by Northern States Power. He also explained that sufficient right-of-way d.id not exist along either Duck Lake Road or the County Road 4 for steel towers to be built. Mr. Peterson felt that the residents would have no objection to Northern States Power rebuilding the present line with which in effect would be up grading the line. Motion was then made by Kenneth Anderson, seconded by Arthur Miller to approve the application for a Sub station and a transmission line pursuant to application and attached exhibits. The motion carried. ITEM 5-6-66 MICHAEL TOBIAS Mr. Tobias appeared before the Council. The plans he presented to the Council had been dampened and were illegible. Per the Council request of June 22, Mr. Tobias had not made any additional information available to them as to signs, location of lights, facing of the building, and the general appearance of the area. No action was taken on this matter. Mr. Tobias was requested to work with Mr. Wood in preparing all the necessary information to present to the Council so they could act on his request. ITEM 6-6-66 JAMES, GLEASON, LOWINSKI LAND ALTERATION PERMIT i a The parties did not appear with their request or additional information. No action was taken on this matter. �4 ITEM 6-16-66 RESOLUTION FROM THE EDEN PRAIRIE JAYCEES This is the resolution read by Mr. Dick McCord. At the June 14, meeting, the t~ resolution was presented to the Council. Motion was made by Kenneth Anderson, seconded by Arthur Miller to accept the ez resolution and place it on file and to advise the Jaycees that July 21 is a Ca special meeting night for the Council and consequently as requested by the Jaycees , members of the Council will not be available to attend their meeting. The motion carried. ITEM 6-9-66 REGULATION OF USE OF VILLAGE HALL The attorney had not received the necessary information to complete action on this. No action was taken on this at this time. ITEM 4-14-66 DUCK LAKE DRAINAGE 1 Mr. Wood presented a report to the Council stating that he felt that by ditching along the north side of Duck Lake Trail and changing the direction COU14CIL MEETIWG - g 12 July, 19E6 of the flow of water from the Sunset Ridge and Sterling, Field areas and diverting it north to Purgatory Creek, some of the problem in the Duck Lake area could be eliminated . He also stated that the Railroad had now contacted him. They had been over the area and the Railroad was recommending to their Superior that the Village of Eden Prairie be granted permission to use the Railroad right-of-way for any necessary drainage. Mr. Wood also presented to the Council a notice to advertise for bids and the special bid form for the necessary ditching work to change the direction of the drainage in this part- ticular area. Motion was made by Arthur Miller, seconded by Kenneth Anderson to advertise for ditching on the Duck Lake Trail for the Padon Downs drainage problem, the bids to he taken by the Council on August 9. The motion carried. ITEM 6-7-66 RESEARCH ROAD Mr. Wood reported the county had now completed the necessary survey work of . this road in order for the Village to complete the legal requirements to adopt the road. A motion was made by Kenneth Anderson, seconded by Alvin Bren to approve the contract authorizing the Mayor and tkie Clerk to sign. ITEM 7-4-66 ALLAN - GARRISON r Mr. Garrison appeared before the Council requesting them to reconsider their action of June 14 , in which they turned down Mr. Garrison's petition for re- zoning. The Council felt that the matter had been terminated and advised Mr. Garrison that it would be necessary for him to start the matter completely over by presenting a new petition to the Zoning Board for this rezoning. Mr. Garrison also requested the Council to petition the Village of Edina to annex land he owns between old and new County Road 18 in the Village of Eden Prairie. It was felt because the land was presently in the Village of Edina that Mr. Garrison should take the initial action with the Edina Council and the Edina Council should then advise the Village of Eden Prairie before the Village of Eden Prairie made any overtures to them. No other action was taken at this time on this matter. 7-5-66 MINNEAPOLIS GAS COMPANY Minneapolis Gas Company had requested the franchise to allow the use of steel pipe in place of copper tubing inside homes. As this is a matter of a uniform franchise with all the suburban communities, the representative to the SRA Board was instructed to request inforination from the SRA or Suburban Rate Auth- ority. Mr. Brown advised that the quarterly meeting of the Board would be held on the 20th and that he would take the matter up at that time with the Board. No further action was taken on this matter at this time. 6 COUNCIL MEETING - 4 12 July, 1966 ITEM_7-6-66 JOE S£MRAD PETITION TO REZONE THE SHIDLA PROPERTY FROM RA AND POC TO Rl Motion by Alvin Bren, seconded by Kenneth Anderson to adopt resolution !. 3U and set the Hearing Date for August 9, 1966. The motion carried. ITEM 7-7-66 AND Y JUSTUS Mr. Justus appeared with a preliminary plat of the Eden Prairie Industrial Park. The Council discussed the matter. The Zoning Board had recommended approval with certain changes which Mr. Justus had incorporated into the plat as presented to the Council. Mr. Wood felt that instead of two Cul-de-sacs the road should go all the way through the area. The Council felt that a road could be extended from the north Cul-de-sac west along the north side of lot "D" and through the adjoining property out to County ?toad 4 in the future if it so developed this way. A motion was then made by Kenneth Anderson, seconded by Alvin Bren to accept the preliminary plat with the addition of road and utility easements along the north side of lot "D" and utility easements on the west side of lot "D". The motion carried. ITEM 7-8-66 BOB MOREHOUSE REQUEST FOR REZONING FROM RC AND RA TO M1 ON THE OLD OLSEN PROPERTY ON HIGHWAY 169. Motion by Arthur Miller, seconded by Kenneth Anderson to adopt 1L Resolution and set the Hearing date for August 9, 1966. The motion carried. ITEM 7-8-66 DIETER GOETZE_ Mr. Goetze appeared before the Council requesting that the Council order the Planning and Zoning Commission to correct the Zoning minutes of June 7. Mr. Perbix explained to the Council that the minutes of each organization whether it be the Zoning Board, the Park Board or the Council were the sole property of the organization and corrections could not be ordered by one body against the minutes of another body. The only way a correction could be made in these minutes is by a motion of the Board. Mr. Perbix also advised Mr. Goetze to draft a letter stating where he felt the minutes were in error as regarding himself and to present this letter to the Planning and Zoning Commission. They in turn would accept a letter and make it a matter of record whether or not they changed the minutes would be up to the Planning and Zoning Commission. No other action was taken on this matter. ITEM 7-10-66 LOUIS SCHMITT REQUEST FOR PERMIT FOR BOARDING KENNEL FOR DOGS Mr. Schmitt was not available at the meeting. No action was taken on this matter. I i COU14CIL MEETING - 5 12 July, 1966 ITEM 7-11-66 M.E. JENSEN REQUEST FOR MOBILE HOME ON PEARSON PROPERTY Mr. Jensen appeared before the Council and explained that he was leasing the barn on this property which was the old Smetana farm at the end of the old Smetana road off County Road 39 for the stabling of some 18 head of horses owned by himself. He had hired a couple to live on the property to take care of these horses for him. The house on the property is unfit for human habit- ation and Mr. Pearson is in the process of removing the house. Mr. Jensen requested permission to install a mobile home on the property for the people to live in while they are taking care of his horses. Mr. Pearson has plans for development of the property that would preclude his building a permanent home at this particular site at this time. Mr. Jensen could not definitely state when the horses would or would not be removed. It would depend on the development of the property he owned in Edina and when the Jensen family moved to a new location where they could have the horses under their own control. Motion was made by Arthur Miller , seconded by Kenneth Anderson to grant to M. E. Jensen a permit to have a mobile home on the Pearson property for one year or removal of stock which ever is sooner. The motion carried. ITEM 7-12-66 BIDS ON ROAD SIGNS Mr. Wood explained that he had contacted four different sign companies. All of the sign companies referred him to Lyle Sign Company for street signs. Mr. Wood reported that the Lyle Signs Company had submitted a bid for $510. 58 on the signs as authorized in the ITEM 6-36-66 of the June 22 minutes. Motion was made by Kenneth Anderson, seconded by Alvin Bren to authorize the purchase of signs from the Lyle Sign Company for $510.58 as listed in the minutes of June 22. The motion carried. ITEM 6-32-66 ORDINANCE 48 and ITEM 6-37-66 BILL BOARD ORDINANCE 1 The attorney reported that the necessary information had not been compiled and no further action was taken at this time. ITEM 6-27-66 MINNETONKA SEWER t i It was reported to the Council that a meeting had been held with the Village of Minnetonka and the Village of Plymouth at the Minnetonka Village Hall on June 29. Representing Eden Prairie at that meeting were Mr. Miller, Mr,. Anderson, � Mr. Brown, Mr. Mueller, Mr. Carroll, and Mr. Wood. The gist of the meeting was that the various groups , the Attorneys , the Engineers, and the various Councils would meet separately and then come together on the 22 of July at the Minnetonka Village Hall for further discussions on this matter and certain proposals. COUNCIL MEETING - 6 12 July, 1966 ITEM 7-13-66 FAN FOR VILLAGE '-TALL It was moved by Arthur Miller, seconded by Alvin Bren that the. Clerk purchase a fan for the Village Hall. The motion carried. ITEM 7-A-66 JAMES HAWKES, PLANNER It was requested by the Planning and Zoning Commission that the Council authorize the Planner, James Hawkes to prepare a special planning report on the area being considered for rezoning in the Interchange of Shady Oak Road and Highway 169. Motion was made by Arthur Miller, seconded by Alvin Bren to authorize James Hawkes of Midwest Planning and Research to study the Shady Oak Area with a j dollar limitation of $300.00 for this work. If additional money is required, it would be necessary for Mr. Hawkes to present a request to the Council for the additional funds. { The motion carried. ! The meeting adjourned at 11:00 P.M. F4 1 0 i a ,hives C. 5ro n' , Clerk '1 BOARD OF REVIEW 12 July, 1966 The meeting was called to order at 1:00 P. M. by Mayor Osterholt acting as Chairman. PRESENT WERE: David W. Osterholt , Mayor L. E. Whitmer, Assessor Kenneth Anderson Roy Johnson, Deputy Supervisor Arthur Miller of Assessments of Hennepin County No one appeared to request hearing on valuation of their property. A motion was then made by Kenneth Anderson, seconded by Arthur Miller to continue the Hearing to August 1, 1966. The motion carried. Motion was made by Arthur Miller, seconded by Kenneth Anderson to recess until August 1, 1966. The motion carried. The meeting was recessed. f Jaralas C. Brown, Clerk I 12 July, 19CE, cal-le,'1 to in -tl. tJJ113 311 -.it '-!:(',,0 '-,,;y Mayor )sterhclt . Present reprcsentirc7 t!,,e len C'nuncil re . "oun, Jar"e s C. Ccuncil-man resent rcT)resent th--:. Prairie Planning and 2'n-n. i-r7 were : Malt h N e s I,I t t <D m s-- 1 G n e r Alvin Picha, Cecl! CrIlSe, COMMiSSion,:!r Dr. J . 'v,,IriFht , ComT,,issiorner Anthony hirt , CO-,Mis"ioner Artl-,ur coulIcIlman David Dale , C'cmmissioner -'resent renroSOTI t 11 C- t -' en Pra-I-ie Pa LI R Park anecrea n Comm ission were : hE_ 1,�7�t Don NyFaar�,� Commissioner .,enn.:--Ih Anderson, 1,arry Ficha, Present representii-,� tlio L,.Ien Pra;- i-,-- school Board were : Paul F]nhoim Dr. J. Wrivh-r- Narry Picha Also from the Villa7-.e, was Ouuntin rlaod , APW and Bo-L, Carroll , Carrall E; Muller Associates. gg Special vistors From. 41.'he of 111'ciina i-,,ere : Frank T. Tupa, COUTICIIMan ';'Tilliam 67. Lewis , Park & Recreation Huf-h .f. Mc.Millan , Councilman Commissioner T. L. Toc]d , PlanninF-, Commission Chairman Georfre ."cite, Lnp,.ineer & Planning Director Othe-y- vistors were Mr. Len hl,-_jci<jocR , ..r. Diete r roc-7.2e , fir. E Mrs. 2-ussell Harsh, 6 'Irs. E*erl. Davis, ir. Hovard Peterson, Pir. Roy Jensen , Mr. Bill Sime , r. Jim Cardinol , and L. J. Flesher. !-iayc,r. Osterhclt asked -the Edina Group who their spo)-,enman would be and they no`:Iinate(i Mr. (',enrlpe 1!1;-t(-- who r7ave us a brief introductory message on Edina's basic ZonincT and, Plannin7 work. The 1,asic tenet for the plan for the Village of I-iina , the peo-le who Starte,i tcO live in ECina want(?'.'' a ;rooe place to live and `1-1-; s is hasically the theme of the Planning and the people from the Village of Ldlina and the Council action has 11acked this theme , -th.a.t the Villave. of Edina woul("I a pl ice to live. They have ha,.-I very --�romr convIct-Juns among the er.'-ers of their Planninc:, ';�oardls, their Par): board an(' their Council also on zhoir an'd they '11-.ave held to these convictions . The:,r fell thzit t.-,c Pirinnin- ,-iav(j- a in it's policy I-ut a -"�levihility ir, it ,-- Thrr, hav,-! T-,-,a-i(, chan�,(i of their basic toners over the years ,ict on. .!s I sor�i(� have made not cn the --Dur of uioment but after lnnp, and i r-e f U_-I St1"iCij� a r I C i t c,u- t 1 s t.o thc� u:�e this nartic-i'lar area in the Village JOINT MEE'rING-2 12 July, 1966 and the best requirements of the Village as a whole. Mr. Hite has lived in Edina since 1959 and was employed by the Village starting in 1957. Mir. Todd who is the Chairman of the Planning Commission also a former Mayor of the Village spoke to the group on some of the early history when the Village was first in the process of changing from a basic argicultural operation to the urban area. The first development that went in was the Country Club de- velopment. This was a development of above average homes in a restricted type neighborhood. An additional development then grew from this area which was in the Northeast part of the Village. The people on the governing bodies of the Village felt that they needed some professional help in their work. They em- ployed a Planning Consultant firm, Morel and Nichols and the professional people worked with the so-called amature people on the Planning Commission and the 3 Council in the growth of the Village. The basic tenet was that the Village a would be a residential area, would provide good homes for the people who wanted to live there, and provide conditions that would make the people desire to live in the Village. In the beginning the basic tenet for the residential development would be a Community of single family homes. There have been some changes over the years in this tenet but these changes have been made on the basis of the changes caused by major roads or specialty commercial districts that had a buffer of a multiple . of residential development. Mr. Todd recommended that the 'tillage seek the skills of a Planner in whom we would have confidence , set our sites high and keep the men who are members of our Advisory Boards , men and women, who feel that they want to add to the Village, they don' t have personal axes to grind, or personal animosities to use the Boards as sounding boards but are basically interested in a place to live and not constantly changing membership of the Boards. They felt the members on our Boards without knowing them personally or knowing their com- plete history, if they have been on the Board for any appreciable amount of time would have more knowledge to offer the Zoning people in working additional zoning then a completely new board , composed of individuals irregardless to their pro- fessional qualifications. They also advised that periodically the Board get to- gether and exchange ideas, similar to the meetings we have started to have with the various Boards in the Community so that there is an exchange of ideas and actions. One statement made by Mr. Todd was that the individuals who desire to have an action by the Planning and Zoning Board where there would be a petition for re- zoning or platting or what have you, present this petition in person to the Board at a regular meeting and not to individual members of the Board and any discussion on the matters between the individual with the petitioners and the Board is at the Board Meetings and not on an individual basis. This way whether individual members of the Board are for or against the party, all can speak their desires and ideas in the presence of the other parties and this makes for a more orderly operation and also prevents an individual from saying, "You promised me this or you promised me that. " Mr. McMillan mentioned that the Village of Edina has a very strong professional staff that administers the Village and this in turn gives the people a certain confidence in the staff as the staff is backed by the Council, as long as they are I Ji l` JOItTT UETING - 3 12 July, 1966 operating properly. They have picked people who are capable and have given their staffs a feeling of confidence in themselves and in their work for the Village by the action of the Council. Mayor Osterholt asked. if Edina had separate Planning and Zoning Boards. Mr. Hite said that they had a Planning and Zoning Board and a Special Zoning Board of Appeals. Don Nygaard asked if Edina started out with a over-all zoning map. Mr. Todd explained that they worked individual parcels as they came in. They sail- don't have a real firm zoning plan. They do have a zoning map now showing the various zones in the Village but they are still working on a basis of each individual request . They do have certain special zoning maps which Mr. Hite explained. They have a special Park map, showing the Park sites either those that have been acquired or those that are proposed , the School sites that arl acquired or proposed to be acquired, the street plans, drainage plans, and this type of map but not an over-all fifm -coring plan. Mr. Hite said that in answer to a question to the membership of the Planning and Zoning Commission that it F was made up of various professional people from Edina , that they do have a problem as there is an architect on the Planning and Zoning Board and plans come in for building , the architect because of certain professional ethics does riot feel free to properly criticize the plans in the manner which they should be criticized and this would hold true to the same for a real estate man, engineers and so on. Individuals should be picked on the basis of the individual rather > then the so called professional qualifications. Mayor Osterholt asked if Edina had a land dedication feature for the acquisition of Parks. Mr. Hite said no, they did not believe in the dedication of either land or money. The Parks were procured by bond issues and in some instances individuals have dedicated or turned over to the Village land for recreational areas and where the land has been accepted, it has been used for this purpose. In most cases , dedicated land that a developer would dedicate would be unusable for anything else. They felt that by securing the land that they felt was the best land in the particular area for a park and paying; for it by general obli- gation bonds of the Village, all the people participated in the program of Park acquisition for the Village of Edina. Mr. Tuba also added to the fact that they have been working, on their programs for a long time. They basically know what they had and what they wanted. They had to have this type of program in mind. They felt that if you wanted to put in a commercial or industrial operation in the Village of Edina, you had to prove to the Planning and Zoning Commission that this was the best use for the particular piece of land and also for the Village, and to fully convince all the members of the Commission of this use. They did not feel that rezoning for the sake of re- zoning was absolutely a necessity but they also felt that not having flexibility in your plans could make for a stagnation in the Community. After a short recess Bob Eidem, the Community Planner from the Metropolitan area of the Department of Business Development of the State of Minnesota gave a brief outline on the 701 Plan, planning in general and answered several questions. Basically the 701 Plan is a plan for the Community to set certain goals for itself Cand guide lines in it 's development. In order to do this, the Federal Government f 7 1 JOINT MEETING - 4 12 July, 1966 X is authorizing grants which would pay approximately 2/3 of the costs of this particular work, the Community 1/3. If the Community goes above and beyond the guide lines in the requirements by the Federal Government, they would have to pay the additional costs. The Government has set certain limitations. They have an $8,000.00 base plus $1.00 per capita based on the census as taken by 7 the Federal Government in 1960. He stated that there is a possibility because we had an actual census in 1965 taken by the Federal Government that we might be able to increase the per capita amount based on the 1965 census. He stated that the contract would be a contract between the Village, a professional plann- ing organization or Planner and the State of Minnesota, acting as Administrator for the Federal Government. He says that in no case that he can recall has the to Federal Government sent people in to a particular area to do any pushing or 4< checking on the work on a 701 Program. The only thing they do is that they come A into the State and audit the reports as to the expenditure of money under the program. The Village, he stated, could provide the services of certain individ- C uals as part of it's share of the 1/3 of the cost of the plan such as the en- gineering, draftsmen, draft maps, and lay certain programs on them, or a typist to type up reports, things of this nature. He stated in answer to a question', approximately 3 months after the initial application before the plan would be started as it takes about this long for approval to come through. This figure is approximate, it could be a little less or a lithe more depending on the cir- cumstances involved with the particular Community. He stated in order for the Village to get the full benefit of a working plan that the Village should ap- point several citizen groups to do various research and idea work for them and also to help in getting the information out to the citizens of the Village. He stated in answer to a question that during the approximate 2 year period that the people would be working on this plan, that you can not completely stop the normal growth of the Village. There would be certain matters that may be considered for rezoning during this time that would have to be handled, plats may come in for approval, these would have to be handled. He also stated that once the initial work has been done and you have the plan, that this is not the end, that you continue to work this plan, making necessary revisions as you go along, making necessary changes in it. That this then becomes a guide for you to work from and is not a ridge fixed item that you pin on a wall and say, "no, we can't change." This is your basis for continued planning and f growth in the Village over a long period of time. The meeting adjourned at approximately 10:15 P.M./ James '. Brown, Clerk G 401) MIX ta..