City Council - 07/27/1966 - Village Meeting COUNCIL MEETINGS 27 July, 1966
The meeting was called to order by Mayor David Osterholt.
PRESENT WERE:
David Osterholt, t;ayor Arthur Miller
James C. Brown , Clerk Quentin Wood, APW
Kenneth Anderson W. Harlen Perbix, Attorney
Alvin Bren Rolf Haugen, Treasurer
Motion was made by Alvin Bren, seconded by Kenneth Anderson to approve the minutes
of July 12 , 1966 as published.
The. motion carried.
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Motion was made by Arthur Miller, seconded by Kenneth Anderson to approve Vouchers
3307 through 3323 for' payment . G
The motion carried.
ITEM 5-11-66 _ EDINA SEWER
Motion was made by Kenneth Anderson, seconded by Arthur Miller t-o authorize Reike,
Carroll , Mueller, Engineer Wood , z•nd the members of the Council who are available
to attend the Edina Council meeting of August 1, 1966 to represent the Village in
their application for Sewer Hook-up.
The motion carried.
ITEM 5_23-66 BOARD OF REVIEW
Motion made by Arthur Miller, seconded by Kenneth Anderson to set the time for
1:00 P.M. for the re-convening of the Board of Review on August 1, 1966.
The motion carried.
ITEM_ 5-6-66 _MITCHELL TOBIAS
Mr. Tobias appeared with Mr. Richard Bren who requested clarification as to the
distance from the lot line for a building in a commercial area. According to the
Ordinance no speo+fic distance was mentioned for side yards on a commercial area.
Therefore, the Board felt the possibility that the building could be built as
close as necessary to the side yard. No further action was taken on this matter
until Mr. Michell Tobias presents complete plans.
ITEM 6-6-66 -�JAMES, GLEASON, LOWINSKI, LAND ALTERATION PERMIT
A letter to the Mayor from Mr. Keith James, asking for a refund of his gravel mining
license fee and stating that he had received permission to do the necessary altera-
tion work on the Lucas property was presented . Mr. Keith James was in error in tenets
in this letter. Mr. Wood was advised to contact Mr. James and advise him that he
had no permission to do any land alteration on the Lucas property. The only per-
mission was on the property originally owned by Mr. James and Mr. Schultz.
No other action was taken on this matter until Mr. James is clear in what he has
to do and what the Village requirements are.
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COu;;CIL MEETIIiGS - 2 27 July , 1966
ITE14 6-9-66 VILLAGE HALL REGULATIONS
The Attorney, '-fir. Harlen Perbix presented a resolution for adoption by the Council
which spelled out the Village Fall -regulations, as presented to him by the Village
Council at previous meetings.
Motion was made by Kenneth Anderson, seconded by Arthur Miller to adopt Resolution
134.
The motion carried.
ITEM 6-7-66 RESEARCH ROAM
Mr. Harlen Perbix presented a Resolution showing the basic road so that it could
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be adopted by the Council.
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Motion was made by Alvin Brea, seconded by Arthur Miller to adopt Resolution 133.
The motion carried.
ITEM 7-5-66 - MINNEAPOLIS GAS COMPANY -
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The Clerk reported that he had brought the matter of copper pipe being replaced by
plastic pipe in the service connections in the request by Minnegasco to have the
;franchise changed to allow this up at the Suburban Rate Authority. The Authority
questioned whether they were correct in asking for a franchise change as the franchise
did not spell out types of material and types of connections etc. , only spelled out
rates and the areas in which the companies could operate such as public streets , etc. ,
There is an Ordinance which may or may not be adopted by various Villages, it was
reported to Mr. James Brown at the meeting that would spell out types of service
connections etc . , Mr. James Brown presented this information to the Council.
Mr. Wood questioned as to what the Gas Company was driving at. The consultant who
works for the Rate Authority had advised Mr. James Brown if we would present any
information to them, he would make contact with the Gas Company and determine exactly
what their requirements were. The Council then instructed the Delegate to the Subur-
ban Rate Authority, Mr. James Brown, to contact Mr. George Hess in this matter.
No other action was taken at this time. 3
ITEM 7-10-_66 . LEWIS SCHMIDT REQUEST FOR BPARDING KENNEL FOR DOGS
Mr. Schmidt appeared and was advised by the attorney to fill out a very detailed
request for a permit showing the kennels, how they would be operated, who would be
in charge of them, where they would be located, and all the necessary information be-
fore the Council would act on it .
No other action was taken pending the written request from Mr. Schmidt.
ITEM 6-32-66 ORDINANCE 1+8
Mr. Harlen Perbix had prepared some information and had received some additional in-
COU14CIL MEETINGS - 3 27 July, 1966
formation from Mr. Quentin Wood. As this hadn't been completely compiled, the
Council felt the information should be gone over before it was put in the form
of an Ordinance.
No other action was taken on this item at this time.
Mr. Harlen Perbix presented an Ordinance relating to an Industrial Commission. The
Council felt that this Ordinance was in the best interest of the Village.
The motion was made by Kenneth Anderson, seconded by James Brown, to adopt Ordinance
79 which would set up an Industrial Commission for the Village of Eden Prairie.
The motion carried.
ITEM 4-14-66 DUCK LAKE DRAINAGE-'
Mr. Quentin Wood presented a report to the Council which was read by the Clerk.
Several people in the audience had various questions as to what had or had not
or would be done in the matter. The Council's position was that at the present
time, we were still in the state of gathering information. No decision had been
made as to whether we would raise, lower or leave Luck Lake at it's present level.
How we would accomplish any drainage in the area and at the time we had gathered
all the information and were preparing to make a decision, we would hold a public
meeting at which time the residents of Duck Lake area, the Padon Downs area, and 4
the adjoining areas that would be affected would be invited to the meeting. The x
people in the audience from the Duck Lake Area signed a slip stating their inten-
tions to attend the meeting. These are on file with the Clerk and will be notified z
when the meeting is held.
A motion was made by Arthur Miller, seconded by Kenneth Anderson to accept Engineer
Wood 's report of 7/22/66.
The motion carried.
ITEM 7-16-66 DIETER GOETZE
Mr. Goetze read a letter to the Council and the audience requesting clarification
of certain matters in the minutes of June 27 , 1966. The letter was then presented
to the Council.
A motion was made by James Brown, seconded by Alvin Bren to accept the letter and
place it on file.
The motion carried.
ITEM 7-18-66 RESEARCH INCORPORATED
Request for a Special Use Permit for buildings on State Highways 5 and 169.
Mr. Herb Johnson appeared representing Research Incorporated and presented a Site
plan, a plot layout , the material that the exterior of the building would be faced
with and also a written request for the Special Use Permit. The information was
/ gone over very carefully by the Council. It was felt that everything was in com-
pliance with Ordinance 48.
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COUNCIL MEETINGS - 4 27 July, 1966
A motion was then made by Alvin Bren, seconded by Arthur Miller to grant the
Special Use Permit to Research Incorporated as per their request of July 19,
1966.
The motion carried.
ITEM 7-21-66 WILLIS EVERT REQUEST FOR PRELIMINARY APPROVAL OF BLUE SKY ADDITION
Mr. Wood presented this request to the Council and stated that he had gone over
the plat and could fin d no reason for not accepting the plat as it met all the
requirements of the Village .
Notion was then made by Kenneth Anderson , seconded by Alvin Bren to approve the
preliminary plat of Blue Sky Addition.
The motion carried.
ITEM 7-23-66 RICHARD NOGGLE
3 Mr. Noggle had been asked to attend the meeting on a personal letter delivered
by Mayor Osterholt based on a report received by the Hennepin County Sheriff's
Office that certain problems were being encountered in Mr. Noggle's operation of
f= the Brandin' Iron Restaurant. Mr. Noggle explained that on the night in question,
he and some friends had returned from a ball game and were having coffee in the
}. Restaurant area at approximately 2:3@ in the morning when the Sheriff contacted
him by asking for admittance at the door. Mr. Noggle stated that he was using
( A_ the Brandin' Iron Restaurant as his personal residence and felt he had the right
Ca to entertain friends in the Restaurant at any time he so desired.
He was advised by Mr. Harlen Perbix, the Village Attorney that the reports re-
ceived by the Sheriff's Office as to operations of any type in this business
establishment between the hours of 1:00 A.M. and 8 :00 A.M. on week days and 1:00 A.M.
and 12 :00 noon on Sundays would be considered in violation of his set-up license
and would be prosecuted on this basis. He advised that as long as he had the
set-up license and the beer licenses, he had to operate his establishment on the
basis of the license and not on the basis of personal friends who might drop in at
any hour of the day or night. If he wanted to entertain his personal friends,
these would have to be entertained in some other place then the public rooms of
the Brandin' Iron Restaurant during the closed hours of operation for his set-up
license.
Mayor Osterholt also stated that he would arrange a meeting between Mr. Noggle and
the Hennepin County Deputy Sheriff regarding certain points that require clarifica-
tion in the Sheriff's report. It was made very clear to Mr. Noggle that he would
operate the Brandin' Iron Restaurant under the terms of his set-up and beer _
licenses and not the terms of and ideas of his personal wishes if he wanted to keep
the set-up and beer licenses.
ITE,14 6-9-66 NORTHEAST SECTION OF THE VILLAGE REQUEST FOR REZONING
:here are several requests for rezoning in this area, some initiated by the
land owners, some initiated by the Zoning and Planning Commission.
The Village Attorney and the Village Clerk have worked out an area for publication
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U_ 27 July
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t c(ivcrs o' ar�P_ t% for rezoni-. 7 t1l',1s time an(, th.is
C� a n reco-Imen,-'aton. made.
_Oct;.' an.,!an.,! a 1'e.,arin-
0-1 z: S, I) a r,-�a t c, .tee p-_,.1, 1�;h e�d
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of w,i y 1.C�9 ani.. t;:e '!orth quarter of
It was out to the LA 1i C I that -his Was
e 0-t on. last-a S of
the an(� nat nececsarilv t'ne final rezo-. ri,- oun,.oaries as
it wa.s -,--n e_-;re r-F V I I I a7c to _3 e for -,)Ul,1 i CFit iC)T-- 7,"Urn 0 S e,S t_.1e leaSt aMOUL
of in at thin least cost to the V1I1a7E-.
.1.otfen -wins made .--y Kennetl-i An-_'Ierson, SeCOTI by Artl--,ar ",iller to set the ilearinp,
(late cn the Section of the Villa�7e For Au;7;_iSt 24 ,
The mot ion carri
IT L;, 7-173 F,', _'l A L FOR 1967 l3UDkG1_'._'T
!, ot-*Lon -.,jas ma e _-v i,,.rthur Xiller, sr?canc-.e(' by Alvin Bren to set A117ust 30 , at
7 : 0,J P.71 . cl.> 'a i�'eetiv7 (_i.ate on the 1967
other -*L,(,--rn to on awenula for this r.ieetlnF .
'.Uh,2 motion carried.
ITEIVI, 7-29-66 PEOULS FOR APPROVAL OF LAYOUT 8,C FROM THE HENNIEPIN COUNTY hIGHWAY
ion 1'Y Alvin Bren seconded 1IcyY to approve the lay out 8C f jt
enneth Anderson � 0
Droject 651.8-6622 CSSA11-1 62-61 , ANo. 12 , 169, 62-18 Interchanp,,e.
The motion carried.
1 '1713,1 7-20-66 REQUL 17 F PTS F(Y THE IJANNIING AND 2:ONIII(7, COMMISSION FOR A MOBILE PARK
ORD114AN=.
There was some discussion as to how this rnatter could he handled and it was sugg-
ested by the Attorney that additional information he procured before drafting an
Ordinance of this type. lie suggested that each member of the Planning and Zoning
Commission contact one of the Municipalities in the area that had or did not have
a Trailer Court and present to them a series of questions as to the likes , dis-
likes, problems, etc. , on the matter, and report 'this back to the Zoning, Board so
C3 that this information could be consolidated and a recommendation made to the
Council for enclusions in a proposed Ordinance. It was suggested that no action be
tal<en on this until this information was received from the Planning and Zoning
Commission.
Motion was made by James Brown, seconded by Alvin Bren to refer this matter back
to t1--le Plannin;t, and zoning Commlssion with the Council recommendation that they
prepare a ri-!port based on individual members gathering information from the var-
ious ;ommunities and present it to the Council.
The motion carried .
COUNCIL MEETING - 6 27 July, 1966
ITEM 7-22-66 PLATTING ORDINANCE
Motion was made by Alvin Bren, seconded by James Brown to set August 18 , 7 :00 P.M.
as the Special meeting on the Platting Ordinance.
No other item to be on the agenda for this meeting.
ITEM 6-27-66 MINNE'rONKA SEWER
Report of the meeting of 7/22/66.
Clerk Janes Brown gave a brief report on the meeting with the Village of Minnestonka,
and the Village of Plymouth on July 22. There still is some wide open area as to
how this project could or could not be financed. It appeares that in the best in-
terest of Eden Prairie, we very definitely find out what it would or would not cosy.
the Village of Eden Prairie to have this project either, go through or be established
in the Village. Also some additional engineering information had been brought up
at this meeting . The Engineer for Plymouth made the suggestion they use a temporary
force main and in the future construct the large interceptor main when it would be
more feasible from a financial standpoint to put it in. It was suggested that the
Engineers do some additional basic planning on this matter and discussing it and
a Special meeting with the Engineers, the Attorneys, and a member from each Council
be held on this matter to clarify further information before reporting back to the
various Councils. It appeared from the general opinion of the personel who had
represented the Village that Minnetonka was pushing this project a little bit too
fast from the financial standpoint and good engineering standpoint of the Village of
Eden Prairie.
ITEM 6-38-66 BIDS ON LANDSCAPING THE VILLAGE HALL_
Bids received from Greguson Nursery, and Minnesota Tree. The bids were accepted
for study and comparison. No action was taken on them. $
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ITEM 7-B-66 DODGE TRUCK
Motion was made by Arthur Miller , seconded by Kenneth Anderson to deduct the power
up and down on the hydraulic lift on the Dodge truck which had been bid and to add
power up only and to eliminate one of the valves.
The motion carried.
ITEM 7-C-66 TFLIILER HITCH AND POWER BRAKES FOR NEW DODGE TRUCK
Motion was made by Alvin Bren, seconded by Arthur Miller to authorize Ray Stodcla
to order the necessary components to install a trailer hitch and power brakes for
the new Dodge truck.
The motion carried.
James /C. Brown, Clerk
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