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City Council - 04/11/1967 - Village Meeting fi rC;CiJiCIL MI:F:i'I .C' 11 April, 1967 The .rleetlr ; was calle<: to order at 8:00 p.m. by Mayor Osterholt. The entire :r:eetinF was taped electronically and the tape is on file with the Clerk. PIUtSLIN`I' WLRE: David W. Osterholt, rIayour Paul R. Redpath James C. Brown, Clerk Quentin K. Wood, APW Alvin J. Bren Rolf E. Haugen, Treasurer Arthur W. Miller W. Harlan Perbix, Attorney II'EM 4-1-67 IN'VOCATIOR Rev. Alden Keiske, Eden Prairie Methodist Church gave the invocation to open tie meeting. This was followed by the group joining the Mayor and the Council in the Pledge of Allegiance. ITEM 4-3-67 MINUTES Minutes 3-7-67. A motion was made by Paul Redpath, seconded by Alvin Bren to approve the minutes as published. The minutes of 3-9-67. A motion was made by Alvin Bren, seconded by Paul Redpath to approve the minutes as published. The minutes of 3-28-67. On Item 3-6-67, the second paragraph, change the 'we' to Mr. Miller and the Clerk, Mr. Brown reported to the Council. With this correction, motion was made by Paul Redpath, secondea by Alvin Bren to approve the minutes as published. The motion carried. ITEM 4-4-67 VOUCHERS Motion was made by Paul Redpath, seconded by Arthur Miller to approve vouchers 4017 to 4089 for payment. The motion carried. ITEM 4-5-67 PUBLIC HEARING Notes and information regarding this Hearing are in Hearing File #19 and also on the tape of the meeting. At the conclusion of the Hearing, the motion was made by Paul Redpath to deny the rezoning of the property as per the petition. There was no second and the motion died. The motion was then made by Alvin Bren, seconded by Arthur Miller to adopt Ordinance 100 to rezone the property to SI as per the petition. t COU14CIL MEETING 2 11 April, 1967 Upon a roll call vote, Paul Redpath voted no, Arthur Miller voted yes, Alvin bren voted yes, James Brown voted yes, and David Osterholt voted yes. The motion carried. Paul Redpath wanted to be recorded as being completely opposed to this re- zoning. ITEM 4-6--67 CIVIL DEFENSE EMERGENCY PLAN Mr. William Jackson, Director of Civil Defense for the Village of Eden Prairie, his Assistant Director, Mr. Hayes and the Secretary for the Civil Defense Unit , Mrs. Anderson appeared before the Council with the Civil Defense Emergency Plan for the Village of Eden Prairie. They asked that the Council approve the plan as presented so that it could then be forwarded to the County and State for approval. A motion was made by Paul Redpath, seconded by Arthur Miller that the Village of Eden Prairie Emergency Plan as provided by the Director of Civil Defense is hereby approved and he is authorized to forward this to the Hennepin.County Civil Defense authorities for approval and also to express a vote of thanks to the Civil Defense Organization for the work they have done in getting the org- anization off the ground. The motion carried. w ITEM 3-20-67 THE FIRE DEPARTMENT The By-laws and Constitution of the Fire Department for the Village of Eden A Prairie were not prepared in time to be distributed to the members of the Council. A copy had been forwarded to the Mayor who had briefly gone over it. This copy was turned over to the village attorney to check through along with the Village ordinance so that if there were areas of conflict these could be 4 corrected and the Fire Department stated that copies would be forwarded to the other members of the Council and to the Mayor so that they would have a chance to read them thoroughly. No action then was taken on the second reading of the ordinance and this will be brought up later at a special meeting or the next regularly scheduled meeting of the Village Council. ITEM 3-12-67 JOHN TURNBULL Mr. Perbix and Mr. Wood presented an Addendum to the original agreement on Mr. John Turnbull's Ponderosa Hills plat to call for additional money to be set up to complete the necessary requirements as spelled out in the original contract. A motion was made by Arthur Miller, seconded by Alvin Bren to accept the Addendum and authorize the Mayor and the Clerk to sign on behalf of the Village. I The motion carried. f } 1 Y� COU14CIL MEETING 3 11 April., 1967 ITEM 3-22-67 PARK AND RECREATION 1. Mr. Nygaard. t« Mr. Nygaard appeared before the Council requesting information as to the .c Park Board's budget. lie asked that the Park Board be given authority to 1A go out and deal with the people who would operate the Summer Recreational Program. G Z He was advised that there were areas where the Council could not delegate it' s authority, one of these being in the hiring or firing of personnel for the Village but that the Council could authorize individuals to act for it in the contracting �nd interviewing of personnel that would work for the Village and to make recommendations to the Council as to the Council's hiring a certain individual. It was felt that in the case of the Park Board, the Council should direct the Pa,k Board to go out and within certain limitations talk to individuals and ascertain if they are willing to provide their services at a fee acceptable to the Park board within the limitations of the authorization by the Council and then come back to the Council and present these names to the Cour.cil for official hiring. A motion was made by Paul Redpath, seconded by Alvin Bren to authorize the Park Board up to $2,000.00 for personnel and/or equipment for the Summer Recreation Program and to report back to the Council, individuals recommended \ for hiring by the Village for the operation of this program. The motion carried. s 2. Kutcher Property. The Board had not had an official meeting on the appraisal and felt that they should have a meeting at which time the study group that worked on this with representation from the Planning and Zoning Commission and the Council would if be asked to attend. They are having the next Park Board Meeting on the 17th and at this time would request these people be in attendance for action on the appraisal on the Kutcher property. No action was taken by the Council at this time. ITEM 4-17-67 SEWERS 1. Metropolitan. It was reported that the bill which seemed to be getting the most favorable action had been recently amended to take advantage of the outer suburbs at the advantage of the core cities. It was felt that we should have representation CD when these things come up for a hearing. Mayor Osterholt stated he would re- present the village at the Legislature and urged the members of the Council also to attend. He asked that Mr. Virgil Muller and Mr. Quentin Wood keep him in- formed as to when the hearings are going to be held and he would then be able to attend these meetings. COUNCIL MEETING 4 11 April, 1967 2. Southwest District. The! are two bills in the Legislature, one sponsored in the Senate by J '`� Bergerud and one in the House by Representative Keefe to set up a Southwest Sanitary District if the Metropolitan Bill fails completely. The House hill is 1173 and the Senate is 193. A motion was made by Alvin Bren, seconded by Arthur Miller to adopt the resolution to support House File 1173 and Senate File 193 on the Southwest a Sanitary District and to instruct the attorney to draft said resolution. The motion carried. 3. Edina Sewer. Mr. Virgil Muller reported that there had been no changes. The County will be letting the contracts for .he road work in June. As soon as these contracts were let, we could proceeu with our work in the area. No other action was taken on this matter at this time. ` ITEM 4-8-67 REPORT FROM THE STATE PUBLIC EXAMINER The Clerk reported that the report# from the Public Examiner had been received. Councilmen had received copies along with the Treasurer and the Attorney. There were copies placed on file in the Village Hall which any interested citizen could come in and look at and requested that the Council act on accepting the report. Motion was made by Paul Redpath, seconded by Arthur Miller to accept the report of the State Public Examiner and place it on file. The motion carried. ITEM 4-9-67 ROAD A14D BRIDGE FUND STREET NAME SIGNS FOR THE VILLAGE Mr. b:hitmer reported that he and Mr. Richard Bren had done considerable work in locating the places where street name signs would be required for the Village and they had also contacted the Lyle Sign Company who gave them prices for the signs , the posts, and the price per unit. It was in the neighborhood of $16.00. It would require approximately 150 units. This would run over the $2,000.00 figure. This would be necessary to bid. Motion was made by Paul Redpath, seconded by Alvin Bren to advertise for bids for street signs under the following conditions. 1. Completely installed. 2. Completed signs but not installed. 3. The signs to be the same type of material as presently called for in the Village specifications. 4. The signs to be of a reflectorized material. 5. The bids to be called for the second meeting in May. The motion carried. COUNCIL I IL-I''Ti,yG 5 li April, 1967 I i"M 4-10-67 REQUI_S1' FOR REZONING Set a iearinr; Date for the M-2 land presently occupied by the Eden Prairie Golf Course to R-1 as initiated and requested by the Planning and Zoning Commission. Mr. Robert Shufflebine, an Attorney representing Mr. Sime appeared before the Council asking* that this matter be referred back to the Planning and Zoning Commission as they feel they have information to present to the board which might affect their recommendation to the Council. It was felt that the matter had been referred up from the Planning and Zoning Commission. These ' e�'could request that they appear on the agenda and present information to the Planning and Zoning Board which could cause them to take additional recommendations without the necessity of holding a hearing; that they also would be entitled to be heard at the Council's Public Hearing. x Motion was then made by Arthur Miller, seconded by Paul Redpath to adopt Resolution 160 setting the Hearing Date for May 9, 1967. The motion carried. ITEM 4-11-67 DAVID STANLEY 9 Mr. Stanley contacted the office and requested that because of a previous committment that he be placed on the agenda for the next meeting. No action was taken at this meeting on this matter. ' ITEM 4-12-67 DOG ORDINANCE The Clerk reported the committee as appointed by the Mayor had not met but they wanted to know how far the Council wanted to go in the Ordinance. It was felt that the committee should provide a variety of basic information so that the Council could then determine what they would be willing to consider whether it be the matter of hearings, leashing, licensing, or whatever it may be. They will try to have a report on it for the next meeting. ITEM 4-13-67 ENGINEERING DEPARTMENT 1. Report on the Sanitary Land Fill. Mr. Quentin Wood presented his written report to the Council. He also read it to the assembled graup. A motion was then made by Alvin Bren, seconded by Arthur Miller to accept this report and to place it on file. Mr. M.F. Grill also asked to be on the agenda to present information regarding the Sanitary Land Fill. He stated to the Council that there were areas in the report that he did not agree with. From information supplied to him by persons knowledgeable in this field. He stated that he would be willing to work with i the Council and the Village staff n any areas regarding the ordinance or the supplying of information on the Sanitary Land Fill. COUNCIL MEETING 6 11 April, 1967 2. Report on Scenic Heights Road. Mr. Quentin Wood presented a written resume' to the Council containing a list of his recommendations as to the way the entire areas should be studied so that a report could be presented for a Public Hearing to consider road im- provement in the area. In Mr. Wood's report , he stated that in order to do this it would require either that the Village hire additional personnel for a period of time to help him do the field work and compile the report or turn the project over to a consultant engineer. Mr. Osterholt asked Mr. Wood what could be done to get the road in a condition so that it could be driven on by the people who live on it without going through the complete re-working on the road to meet the Village specification at this point. Mr. Wood basically stated that they could continue to add gravel to it, crushed rock, grading it but because of the location of the road, it presented a hazard to maintenance from the weather factors and it was a very expensive road for the Village to maintain in it's present condition and that it should be brought up to standard so that it would be an adequate road -to serve the area and would require very little maintenance. Mayor Osterholt asked Mr. Virgil Muller of Reike-Carroll and Muller if he would give an estimate of what the work would cost for an outside engineering firm to do it under a consultant fee in preparing the AA`I information for the Public Bearing. No further action was taken at this time. 3. Bituminous Oil Distributor and Vibratory Roller. Mr. Quentin Wood stated he had checked into both of these areas and felt that because of the amount allowed in the budget and the price structure he was able to determine on these that we could only purchase one of them this year. He felt at this point the roller was more vital to the Village then the bituminous oil distributor. He was to get accurate costs on these so that we could make a determination at the next meeting as to how this matter would be finally handled. He presented some information on one roller which was available in a used condition. No action was taken on it. 4. Indian Road Erosion Mr. Quentin Wood reported that the river has continued to eat away at the Indian Road along the river bottom creating a hazard to un-wary drivers and asked that the Council consider closing the road or doing something with the land owners to move the road. COUNCIL MEETING 7 11 April, 1967 it was felt we did have a problem in the areas as the people who use the road use it because they needed it to get to the areas they were farming and that they were not completely willing to work with the Village in having. the road Grog On re-established in a location where it would not be subject to In order to protect the people who are not knowledgeable on the road that there should he 'road closed' signs and barricades put in certain positions on the road. Motion was niade by Paul Redpath, seconded by Mayor Osterholt to close Indian Road pending further study and the closing locations to be at the discretion of the Administrator of Public Works. 4 The motion carried. 5. University of Minnesota Conference on Efficient Administration May 4 6 5. Mr. Wood requested that the Council authorize him to attend the conference on Efficient Administration at the University of Minnesota, the fee being $40.0(, for the two day conference, Motion was made by Paul Redpath, seconded by Arthur Miller to send Mr. Quentin Wood to the University Conference oa Efficient Administration on May 4 & 5 and pay the fee. The motion carried. ITEM 4-14-67 L: TTLRS AND COMMUNICATIONS OF SPECIAL INTLREST TO COUNCIL AND COMMUNITY. Mayor Osterholt reported or. the League of Minnesota Municipalities with various Legislatures set for Thursday, April 20, 1967 in St. Paul to discuss important areas involving legislation which effects municipalities. He request- ed that the members of the Council see if they are able to attend this meeting. fie also stated that the Governor was holding a Prayer Breakfast and asked if anyone wished to attend this to contact him so that he could send in a group reservation. He also stated that he had been advised that a suit had been filed in District Court by Northern States Power to condem land for the highline serving the Westgate Sub-Station. Mr. Hoyt Mackinstadt from the audience asked where this line ran. The Clerk pointed this out on the map showing the proposed route as basically approved by the Planning and Zoning Commission and the Council. Mr. Howard Peterson from the audience also asked what was going on as Northern States Had been in his areas surveying and re-surveying. He was advised that the Council had given preliminary approval to a route for the line. They had not given line approval because they had not received the final facts and figures from Northern States Power on which to base approval for this line. They were advised that the Building. Inspector had issued a building permit for the line as well as for the Sub-Station and there appears to be a mis-understand- ing on the part of the Building Inspector as to why he issued this permit Y \ COUNCIL MEETING 8 11 April, 1967 \ without the Council first having approved the final line as laid out by Northern States Power and is spelled out in the minutes. Motion was made by Paul. Redpath, seconded by Arthur Miller to direct the Clerk to request Northern States Power to appear at the meeting of April 25, 1967 in which time this matter will be discussed with them.. . The motion carried. ITEM 4-15-67 AIR CONDITIONER FOR THE VILLAGE HALL It was felt that this should be brought up at this time so that the Council could act on it if they so desired. Mr. Virgil Muller was to determine the heat load of the hall from the specifications and plans which their firm had made up on the Village and present this to the Council at the next meeting. No other action was taken at this time. G ITEM 4-16-67 ITEMS FOR FUTURE AGENDAS The Ordinance #99 will be presented to the Council for the first reading. This is the ordinance which will require two readings of all ordinances also on this matter will be information regarding the Metro Governments so that the Council can take some action either pro or con regarding the various proposals on Metro Government in the area. i Motion was then made by Paul Redpath to adjourn. It was seconded by Arthur Miller that the meeting be adjourned at 10:55 p.m. s . Brown, Cler I f }