City Council - 09/14/1966 - Village Meeting +1�
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COUNCIL
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to Gri;e;, at i. :00 ''.�'.. L'-' .`ayor �Jst^��,r��i0.2t .
David Osterhtr.lt , "a-or Arthur I,Iiller
Janes Drop*n , Ci.t,rl,- Rolf Haut;en , reasurer
Kenneth A:lc_'ersnn ruentin Wood, Engineer
Alvin Dren W. Harlan Perbix, Attorney
ITE* 9-1-66 �I vU TES c;-24-6 c
1'1Gt1o71 was ma,'.e u.' A"vi r Lren , se_:;onjeC: ':y Arthur ffill.er to approve the
r,iin-_.tes of: AuFfusz 214, :L966 as published with a notation that on Item e-22-66 f
Kenneth IL An Jerson had abstainer: -from votinp or. this matter.
The motion carried .
Mo,:ion was mal:lE• :)V tirthur ''.iller, seconder; by Alvin Jren to approve -,Icuchers
?- 3406 throu,-h 345 � for -,>ayment .
The notion carried.
I'I_EX 2-13_66 - CIVIL DEFT::+Sr---
i4r. William R. Jackson, the Mayor' s a,.pointment to Civil. Defense Director for
the Villas=e of £cien Prairie, appeared Lefore the Council and was administered
the oath of office as the Civil Defense Director for the Village of Fden Prairie
by the Clerk , James i3rown.
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U6. ITE'. 9-3-t;;F PUBLIC :;SARI*TGS
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1. Mason-'Iai;er':-Astlpford-Carter-Sweerlcseen-Dvorak-Cr' ffiths-Transistor-
Electronics-Research Inc. -Kopesky continued from 8-2.4-66.'
:notes are ir. Hearinr ile P11 on this.
The, Council felt that there was an immeciate need to act on parts of the area
and that other parts required additional information before a final decision
could be made.
Therefore, a motion was made by Kenneth Anderson , seconded by Arthur tiller
ro instruct the attorney to draft an Ordinance rezoning the area North and Easterly
of the Proposed road from the Junction of 169 and Shady Oak Road to County Road
19 through the area , under consideration to and everythin7 easterly of 169 to
the !`i lla};e hound.'aries on the East to SI and to continue the Hearing on the
balance of t;te property until the first scheduled meetins, in November.
The motion carried .
2. James-E=,chu.ltz-Lowinski. property. Notes on this are in Hearing File ##19.
This was the, second time around on the majority of this property and it was
,-el,erally felt t;:<at the petitioners hat-. now put together an acceptable package
as far as the Vill.ap(: was concerned in the amount of property to be considered.
j They a(' eAim.1nated certain c)Lstlacles which the Village .Felt were problem areas
tQt
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7-; e r
�D! 'Inancr wf-,Ic", i e Fec t
--ecause. of-- chan,-7es In our :ST
r tl�,it t-.is now enerally a;A
10 M CY7,1.C T1 W,13 -il7ic:e L Al.vin tc instruct
e A -in to re-ono t`i, s, area. -z:o 'IS DC-r -ie 7)(
tl mot.1-Jil
7;;A:;Cl"
to rho Villa-, 'n
14 ,e and tliere_ was no Toint I
holding; this action up any further .
A -notion was made 1-Y Arthur, seconc!ed !D,.,r !<(-�-.inp.tlh F,,--,derson to zi,loti,t Ordinance
h e ot ion carried .
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)r,_J:,:ance rinul 1_-hal-t it
(-2 r c,r i a s 17, C 01 a
z,,.3 t it nu= on A.:-,' ne a �c e,r tlie
ar C-Y wou v-Ld ha , (.�- tl� Cone.s i. tr. aua n vc . I� s
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also c—D,Y or -t!,e Iuvenilr� 1rdinance which 11;as 1jeen requ(- ster J-he
to L;,.3 enac--'a'; "'Y 7i-"7,. For ti�e Cc"ITICil inar,-i_`�ers
to ccnsic�=r.
;'!a Y it ar�ler_' tic Cwuncil if t1he, were pre pared to act on his request:
nr Osterlic� y
that the 'V`iLla�7e consiz-1er some type of plariniiii7. 1'e had requ.'steCl a report
froi, t,le an"; !3c)ar--; . The _`oars f,enerally Favore(j T.7 'a-
I rl iriF in
that all o5 L}ie ;r.en�:ers C-avorel' t*,-i,.:- Villla';"c 7o iriLo a 'rjlarinin,- pro-r-.a~:, three
oi- tli(�2 mer,,Lors favored the plann.in7 progr.am be done by local financing , three
ti-'rour,ii th` 701 prograinn, and2,. one fa-vored -,,lann-ing 1.)ut ..;as not stare of the
i e-L;,i o ul c f 'inancinc-. Other areas t:hr<;uf,,hout the Village 111as expressed the-Jr
concern For Villa,,7.,e Plannina, arid haze. felt tliat a planning Program should again
Le ,.jn,:Crtaker-1 Ly -Elie Village . 'rile :Mayor stated that if there was no one on the
Council w1slnin7, to mat a rnotion would Le willim- to turn over the chair to
Vice-':ay,�r. C.1,2r}. -Drowi., then moved that the Villa .e apply for a 701 plan.
lie stated that in making this motion he favored the 701 program hecause it
would allow, the Villa,pe additional funds to be Lisecl in it ' s planning program
w.,, hout havinj to htirden the taxpayer for them , that the money had already
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been appropriated for planning purposes only by the Federal Government and
-1,jat it wa�, 1_-.as.,cally -money that had, Leeri. collect-ed from residents of the
k-,
V i I la cT,e of Eden Pr-ilrie in the form of Income Taxes hy the Federal Government
that woulA to returned to the V-;llaF e for use in the Village. He felt that
with t:ie additional noney available from the Federal Pro-gram a more comprehen-
sive plannin,.7 work could Le underta)-en in that we would be able to come up
with acidlitional information such as a road plan, a park plan, a school site
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C0.!' CIL ?:ELli JG - 3 lu September, 1966.
program, while u7,�Jatin,7 our prescrit zon-*Ln Ordinance and a'-so brim our
present zoning T^ap ur, to rate.
Councilman Arthur i• ii-le.r scconc:eL, the motion anc stated that while initially
he had Leen skeptical of tr.e 701 p!an, he felt that it was .-oo! for the Villlc-e
to have. a Tile nnin;T pro:cram and that the use of the Federal money woulc: heirs
the villaFe to oret a better pr o7r.Sri than if it attF:mpted to finarice. it on the
local level. Iie was (---nt in, fav--,r of the 701 proeTram at this til:ie.
Mr. Kenneth ;:<ierscn also stated that- he felt that this 701 program would be
good for the Villa,--c-. an_ 1,,ithout a Village plan such t:s the 701 plan, we would
not be eli^i )le fcr ^rants For suer or rater prccranrns or major improvements
of this ty?e or even Park anC! `?ecrea on f*L it les.
_r. ',.,,n per: st ,~.. .. t , �t he tor.. s:as in Favor of the 7:)]_ ^.lan. He fF•lt ' hat
we shoulc.: intervi-'w several ,,,fanners iiefore a planner was dec_ 'eE (-,n.
1'1ti.vor Ost ,:?r`,olt ` ('ii there any nen7,,1e- in the. ��,i(:_'.ence who w:-sheu
to .speak. "r. Davi,L =al- _, aslke(_ thit he. he heard anc' Stated he was against the
Federal fun��'s , felt that the plan could be financed locally_ He had figures
which he ,)resente- to tha ol.Incil wh�,re it would cost somew?lere in the neiahl)cr-
hoori of a � .110 pc.r .(lou^ehol,:i to tFinarice tii.'_s Flan on the Vil.lare !eve;..
11r.s. Phylll 'i.i. r:it s' t'' to re h ear_i an<: expressed'. her feelin7,s that she .-avore_l
the 7' T;.1 :: a` sCi?_ f_L.. rh man manv other e o n le in 4-1�i t J 1�..� it {{
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:" O s t. rh,. . .(-..,... a 4,.ci l C c Cn a-I rc .-ter n .'f- 7 (� > "
i.c.-j%C3I'' _ _� E_ .i .1 : ;( T: c_..y ._(., i .:�1:' a V t , on � I .. )t.'..0.a. 1 i 't (,;1: "r,aS ui:;"3lliii/0 US.
i he r,?otion was carried .
IT :Ii 11_E -t:r> DAVIS
Mr. FerLcrt Davis, rF>.presente:-i a ?roup or' people 'mown as the Anr erscn Lake
Property Association. It presAntec' infnrr,ati.on to the Council on the Hennepin
r to ljackround iCG' nr%" % CY � , le formation can t2lk? pro-Tram also
certain points that he felt were both good and bad regarding, the program. He
felt that the people he. represented were one time property holders in the area
where a proposed park is Leine consic crela anci that the money that they would
receive for their property under what he felt was tho proposal of the Hennepin
County Par Program would be inadequate compensation for the land they are now
making* a living; fr•nm and the homes that them have. Ie also felt that the
a-
Vill -e would henef.it 7,Ater by having,g this land developed other than a Park and "
Recreation Area of the type proposes; fby the Hennepin County Park Reserve District.
Mr. Davis presented various newspaper articles and information to the Council
regar,din^ this matter.
Mr:�. Nicdleton also spoke on the area rep resenting some additional home owners
in the area who favored the Park but whose property iwas not being taken for
i the Park Reserve District,
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L..Jf.�:.CT1� ?.� :.I.:^ — 1�. !. ;:Font :"i}`�i�2" , iO6U
",rs. Phyllis 01-rn askec to speak and also spoke in favor of the Park. ?'rs .
Kalasi': c1SiC!?ci to s7eak an( asked' a question as to what these people would do if
their home an!I li`rinq :das Lcin-, taken from the-, w o are in favor of the Park.
ayor Cste� bolt re,r�irlc ed thc' people that this was not a pu`iic 1:eari17 that
'Ir. Davis hau r quesi:eC' to appsar before the Council to present this information
to t:,em. ni.] tIze Counci-I hat Franted hip:: the ti to CIo this.
o action :aas taken by the Council at this tine on this matter.
ITE?? 4-114-36 'DUCK LAKE'' AFEA
The I ayor had receivec a letter from the State Department of Conservation
advisin,c- him that any I'Level set or recquestec' to he set by the Village could
not I.
_e set until aFter the Department had held a Public Hearin�T involvin?
all of. the land owners in the area and the Department had made a recommencation.
The I•"ayor wantec'. to .--et this as a ratter of record .so that the citizens in the
area would !.e ac'Ivise,c that the Vlllas*e could not arbitrary a level on the lake
wi.th.out first avi:?7 the Department of CoI?servati.on hold a Public hearing. As
the Village at this time was not in the position to recommend a level which
would be the basis .for holding a public hearing , a request to the Department
of Conservation for such hearin,u was not in order.
No other action was taken at this time.
ITr,'S 9-4-66 Tlfi: DIJ-C : LAKE ROAD
The Duck Lair_ Rgad Resolution was not read;, to present to the Council.
ITEIII 7-5-6 6 14INNLAP01IS CAS COMIPANYIS REQULSTED ORDINAINCE
Attorney Perbix stated that the Council previously asked the attorney to pre-
pare an Ordinance in conjunction with the Gas Company based on their proposals
and at the meeting of August 14th had adopted an Ordinance 783. After the
meeting , Mr. Hess , the Suburban Rate Authority had called Mr. Perbix and stated
that he had found the Ordinance that we had adopted differed on two of the pages
from the proposals that the Gas Company had presented to him and that these pro-
posals which the Gas Company had changed, he was not in favor of. Mr. Perbix
said that with .►•':r. liess 's cooperation, he had contacted the Gas Company and changed
the information as to agree to Mr. liess's recommendations. Mr. Perbir. 's then
corrected *gages one and two of Ordinance i 83 and has presented it to the Council
for action.
Notion was made by Kenneth Anderson, seconded by Alvin Bren to re-adopt Ordinance
193 with the substitute pages 1 and 2.
ITEM 9-5-66 CITY Of SHAKOPEE 1I°2. MEL LEBENS
The City Recorder and the City Engineer appeared before the Council with a map
showing proposals for a bridge crossing; the Minnesota River and the tie-ins to
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COUNCIL _7 1 196E
C:) They -thc how, committer they were to the 169-212 routing throuf,,h
the Village , an,:i we ha--' walrn&cl i1r. Lc�--ens that we sul-)-mitte,.-, resolutions to
tr_.)rarl,--ent f_avcrin- or, approvii-.7 their plans for the present Tnnnt o5 _!_J,�; anl-.1 throup,"n the V il late.
,Ie st,-ite-, tlhat hc! woul,:I not asU iis to apT,,ear on the resolution with the Scott
County people as ti-,-;s vould be opposition with the Resolutions already sub-
mltTeel to the H17,hway Department abut he di(I want to inform us of the action
Lf-_Incyl tal--e-T, our nei.-hL;ors to the South. H,e also wanted to advise us t1he City
Council !:a now chanc,'eCi the position toiv+ei-t rerarding the fire contract With the
Wl*lia�-,e of Eden Prairie and a new letter will be submitted to the Council ,
cancelin7 the letter that caricelel-.' the fire contract , startin7 in 1967. ile did
ask. that v7p meet- v lth the rieople from Shakopee and nossil"ly a,!just some of the
hourv,iaries on the areas they are now serving.
I-layor Osterholt stated he was atteripting, to arrange a meeting between all of
the Temple who would he serving the Village of Eden Prairie so that the bounc-
aries could he adjusted at this meeting and the entire Village would receive
adequate fire protection.
Mr. Lebens then presented a petition to the Council which had been handed to him
by the Shakopee Council. It was a petition from citizens of Shakopee requesting
the Village to take action against a noise prolDlem in the Southwez;t area of the
Village.
Motion was made by Arthur 11iller, seconded by Kenneth Anderson to accept the
101
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petition
from Shakopee regarding the Sever Peterson property, turn it over to
the attorney for recommendation.
The motion carried.
ITEM 9-7-66 JOHli E. RUTTER
Mr. John Rutter and his attorney appeared before the Council askin'g that a
R hardship variance he granted on the Rutter Realty's Plat ofed Rock Lake 2nd
Addition. The reason for this, the entire plaL o4ds approved by the Township
LA_ on Decemher 8, 1959. Mr. Rutter then recorded the lst addition which he has
C3
�j sc1r], several lots in and which is in the process of being developed. He now
C:) wants to record the 2nd Addition and under present Village standards he would
have to comply with certain requirements in the 2nd Addition that are at the
--)rcsen
t time not compatible with the 1st Addition. The reasons for the delay
-,n the plattin;-, of the 2rid Addition were because of a law suit Mr. Rutter was
involvecli with t-.ith one of the partners in the Dro-;ect and the fact that it
has -just recently been settled and tlr. Rutter now wants to continue with the
-"rolect .
or, w,- Alvin siren , seconded 11y Kennetii Anderson to grant a
ot, is mddc,� by Al .1 4
variance to `:utter Realty for the plattins7 of the 2nd Addition of Red Rock Lake
]Inc] Ads it ion for the f ollowin. reasons
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1-i�LTI'I } f: 1 ? ter�ber, 1.3
�.vufiC`L r �� _ 66
1. The Town Board orig-inally approved this on December 8, 1959.
f'. A law suit involvi.n,, one of the p<rrticir)ants held urn any act ion on this
particular pie-ce of 7rcun,_- until 1966 as far as plat'=_rip the Rround.
? . It would require a financial ;':ardship to the owner, I'r. Rutter in requiring-
,,
him to )lacktop the area where he has nrevIously priced ar:d sold the lots with-
out consideration f(,-,r tzie I�lacf:top*)inP of the streets.
The motion carried.
~' ITEM 9-10-66 LLLAIID KOT I'KE
ta.. I. . `,n n
r. =�:ot,�re appeared ire,r ore �� Council as he has now received a hsildin,, nzimit
0 from the Puildin^ Inspector fcr a lot on Research Road west of Starring, Lake.
e c Research Road and the drive way have been worked out to the
C7 The entrance aa.f on y
�= satisfaction of the Ln, �,ineer. i,r. Kottke then requested permission from the
Council to build, a baseiaent and live in this for a period of 8 to 9 months at
,which time he 'v. i1lC receive additional financing to complete the Thorne.
T'
hic attcjrnE?S, . r. Perhi:: recor^men(led to the Council they be very careful in
this ,ratter. (-,eTierally sneaking , this type of thing usually winds up in his
in tryinc, to ^et the fInme complete .. .
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'ele felt i'.r . Kctth.e shculd contact his contractor and his financial people to
see if the;* could not ::rovide him with enotj,;7h additional finances to at It-ast
com?,_Lete.Iv fra'r":' 1.1r• .lnsi::e of the house and nut thF�- roof on, the windows in I
so that it would look like a home even if he then lived in the basement
temporarilly until. the interior was finishee! in the unner stoi^y.
f?r. K^ttke is to check into this ,-utter further and wil'_ appear I)efore the
rleetin;T, nn the 2Fjth.
ITEM c'l-11.-6G IDICK 10C, LL,
i MIr. Noc?c,le had called and requested that his request be continued until the
mee-tinp of 9-20-F)6.
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�RJ SO further action. was taken.
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�'.Y ITI ii 9-13-66 NORTIIERIf STATES POW CO'�,PANIY
Representatives from NSP appeared before the Council at the request of the
[, aycr re7ardin, transmission lines in the Village of Eden Prairie. The line
for wh ch they had been 7i.ven tenat ve per-r,ission , the permit is heinj, with-
held penc.in* a map stowing the exact location of the lines so that the permit
can be t iec. to this location.
t— On the proposed 345 thousand }kilowatt volt line , they presented a map showing the
;propose(_' routing , the required right-of-way in which there will be some additional
U_ requirements needed and the proposed, tower's which would he used.
[a
_j At thi.^ ti-mr; they are g-oing to re-submit an application to the Council for con-
CO U11CIL '`EETIN(7, - 7 114 SeDte-iber, 196E
sideration for the line to Le built hrou.-h of Edcn Prairie upon
their proposed alignment. Upon receipt of this request , the Council will
then take necessary action to proceed with whatever requirements needed from
the Village level before a permit for a transmission line is granted.
No other action was taken at this tine.
ITEM_ 9-14-66 HE:3NEPIN COUNTY HIGHWAY DEPT REQUEST ON CSAH 62-18-169-212
INT'ERCIiANGc'.
Mr. Quentin Blood stated that h. P. Peterson, the County Engineer, had requested
that the Council act on the request from the Bureau of Public Roads to delete
the off-ramp from the 169 ramp on the Interchange as the Bureau of Public Roads
felt was not a feasible piece of construction in the Interchange and had
disapproved it. The State had also then disapproved it and bucked it on down
to the County, stating that i: they should remove it from the plan. The County
has requested that the Village act on this immediately jo that they could
prepare the plain for bids for this area. Mir. Peterson advised Mr. Quentin hood
that he would continue to try to pet the ramp in if it was at all possible but
in order to comply with the Bureau of Public Roads that at this timne he asked if
wa would approve the Ulan by deleting the off-ramp.
A motion was made by Alvin Bren, seconded by Kenneth Anderson to approve SP-2763
-L-o delete the off-ramp from 169-212 onto old Highway 169 at the 169-212-18-62nd
{ Interchange.
The riot ion. carried.
notion was made by Alvin Brea to adjourn at 12:45 A.1'•1.
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The balance of the Aa,enda to he carriers over to the next xt Council meeting Scheduled p
for September 2-1 , 1966.
The motion carried.
The meeting adjourned.
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James C. Drown, Clerk
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SPECIAL CO[J'vCIL :I LLTIN cy
?2 .�ep�em�er, 1 E,
Th.e meetln7 was cal le?', to order at p. I)y ',Ia,ior Osterholt .
David Osterholt , t,iayor Arthur I'il.ler
JamE?S i3rown, Clerk n F `:.iu;:en, ;.reasurer
Kenneth Anderson !)cent in '4 oock , En:?ineer
All n Bren :ay Sto(Iola, i:Ociii Foreman
A motion was made b%' Arthur :iilier , SeccnGed by Kenneth Anderson toset
a hearin,^ on the "i,arden property for the meetin�, of October 11, 1966.
i;e ;,otion carries:.
The halancc of the %ii?etin7? corcernf_'G the discussion of -the V111a:e Ludlget
and the various iter;S in it. The f lnal I u get to be worr_e(: over by Mr.
ffau,Ten an,, Dres(:.-ntec� to the COUncll for icinial zaccc!*,.)tcance at their meeting
a* Sen, tern?,er
The meetinF, adjourned at 1.2:30 A.M.
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Jam e,M C. Brown, Clerk
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