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City Council - 04/25/1967 - Village Meeting COUNCIL MEETING 25 April, 2967 The entire meeting was taped electronically and the tape is on file at the Village Hall. The meeting; was called to order at 8:00 p.m. by Mayor Osterholt. �� PRESENT WERE: David W. Osterholt, Mayor Paul R. Redpath James C. Brown, Clerk Rolf E. Haugen, Treasurer Arthur Miller Quentin K. Wood, APW Alvin Bren W. Harlan Perbix, Attorney ITEM 4-17-67 INVOCATION AND PLEDGE OF ALLEGIANCE 7 Mayor Osterholt asked Father Christian of the Immaculate Heart of Mary Church in Glen Lake to offer the invocation. This was then followed by the entire audience joining the Council ir, the Pledge of Allegiance. t-r ITEM 4-18-67 MINUTES 4-11-67 ce) CC LA.- Motion was made by Paul Redpath, seconded by Arthur Miller to approve the Gt minutes as published. CD The motion carried. It should be noted that special nests in attendance at the Council meeting were the members of Girl Scout Troop 102 and their leaders. ITEM 4-19-67 VOUCHERS Motion was made by Alvin Bren, seconded by Paul Redpath to approve vouchers 4090 through 4102 for payment. The motion carried. ITEM 4-20-67 NORTHERN STATES POWER COMPANY i In reply to a request from the Council in an invitation made by the Clerk, 1 Northern States Power was represented by Mr. Hassinger, Mr. Comstock, Mr. McKellip, Mr. Walsh, and Mr. Rostens. If They stated that detailed plans were not fully completed., that they were being worked on very rapidly as the construction season would be started very shortly. They also stated that in certain areas they had made more than one survey in order to determine the best possible routing but had not finalized the routing as such. This is what has led to some mis-understanding along the Duck Lake Road Area. Q On the 69 KV line from the Westgate Sub-station, they expect to have detailed plans available for the next Council meeting at which time they will be presented for approval. On the 115 KV line, the detail plans will be presented to Mr. Quentin Wood prior "`� to the next Council meeting so that Mr. Wood can check these out and these plans COUNCIL MEETING 2 25 April, 1967 will then be presented to the Council for approval. They did explain that they are willing to make certain adjustments in the line in order to satisfy the requirements of the property holders and the community. There was no further action taken at this time. ITEM 4-22-67 EDEN PRAIRIE LIONS CLUB Mr. Larry Wilson, representing the Schooner Darr Committee of the Eden Prairie g Lions Club, read a letter addressed to the Village Council, stating that the { Eden Prairie Lions Club were donating to the Village for the Eden Prairie Volunteer Fire Department, a fire engine. This fire engine is to be paid for out of the proceeds from the past Schooner Days and other fund raising activities of the Lions and from the 1967 Schooner Day activities. The Council and audience responded to the gesture with enthusiasm and Fire Chief, Ray Mitchell and the Assistant Fire Chief, David Anderson and Fire Marshall, Mike Gerdes came forward and also expressed their appreciation to the Lions for W this very fine show of civic and community work by the Eden Prairie Lions. ITEM 4-23-67 EDEN PRAIRIE FIRE DEPARTMENT Mr. Harlan Perbix presented the revised draft of the Ordinance #97 establishing the Eden Prairie Fire Department. He had made the corrections and changes as requested by the Council and the Fire Department. These were gone over and the Ordinance now has met the requirements of the Village and the Fire Department. A motion was made by Paul Redpath, seconded by Arthur Miller to adopt Ordinance ##97. The motion carried. ITEM 4-27-67 DAVID STANLEY Mr. David Stanley appeared before the Council representing Mr. Gerald Schoenfelder, of Crossroads, Incorporated, owner of certain properties along the Nine Mile Creek area in the Village of Eden Prairie. Mr. Stanley questioned the legality of the section in Ordinance #93 that requested the donation of land along the creeks in the Village of Eden Prairie. He thought that this was more than was required in the original planning proposals and that if the Village required this land it should pick it up under its powers of eminent domain. He requested that this portion be eliminated. Mr. Russell Marsh, manager of the Nine Mile Creek Watershed District:, was also in the audience and stated that the ordinance was invalid in that the Nine Mile Creek Watershed District had not had the opportunity to review and offer suggestions before the ordinance was passed. Mr. Harlan Perbix was questioned on the matter and he stated that he did not want 9 i COUNCIL MEETING 3 25 April, 1967 to make an opinion without making, some study on the matter and therefore, he felt that we should not act on this at this point until he could check out the questions raised by Mr. Stanley and Mr. Marsh. fie is to report prior to the meeting of May 9th to the Council and this will be on the agenda for the May 9th meeting. ITEM 4-21-67 SCENIC HEIGHTS Mr. Virgil Muller of the firm of Reike, Carroll and Muller, presented to the Council a report on the estimated costs of making the study for the Scenic Heights Road Improvement Project. The total estimate would be in the neighbor- hood of $1,000.00. This would be adjusted by actual time spent on the project and could be somewhat 1Qss if this was all of the time spent. The people in the audience from the Scenic Heights area were present and appraised of the report and felt that we should go ahead with the study. The Council also was in agreement on this and Nor. Perbix was instructed to take the initial step by drafting a resolution ordering the study to be made. This will be on the agenda for the next meeting. ITEM 4-24-67 SEWERS There was no further report on the Edina Sewer or on the Southwest Suburban Sewer District. Metropolitan Sewer. The Legislature was holding hearings at the Senate level on this. Members of the Council and staff were urged to attend these hearings whenever possible. Some of the changes made in the Metro Bill at the House level were to the advantage of the outlaying communities in the buy out feature of the Minne- apolis Plant and Trunk lines over the original proposal made by Minneapolis. ITEM 4-25-67 DOG ORDINANCE There was no action to report as a meeting had not been held. Mr. Osterholt presented Mr. Alvin Bren with a folder of proposed ordinances. Also Mr. Paul Redpath had some ordinances. These will be studied at a meeting of the committee and presented at the next Council meeting. Is 6xt ores There were also from the audience by Mrs. Pat Casey that we contact the school administration as to their dog problems and some-of the other areas of the community. ITEM 4-26-67 EDEN PRAIRIE SCHOOL DISTRICT #272 WAIVER OF BUILDING PERMIT x The Clerk read a letter from Superintendent Vier Wood requesting that the Council waiver the permit fee so that the Industrial Arts Class could construct as a school project a combination refreshment stand and storage building to be used on the school athletic fields for the serving of popcorn and pop and candy bars at the athletic events and also storage for the athletic equipment. G� .r C3 COUNCIL 14EETING U 25 April, 1967 James Brown moved, seconded by Paul Redpath that the Council waive the permit fee for this building permit. The motion carried. ITEM 4-28-67 ED STOW Mr. Stow was not present and no action was taken on his request. ITEM 4-29-67 VILLAGE IiALL CAPITAL EXPENSE Mr. Virgil Muller of Reike, Carrcll and Muller presented to the Council a report for�,Conditior_ing the Village Hall, estimating; the cost at approximately $3,500.00. He stated that plans and specifications are complete and they wculd require very little change to advertise for bids on this project. P7o action was taken at this time pending a revised financial report on the financial condition of the Village. 2. Authority to purchase a typewriter. 4" The Clerk presented to the Council information regarding an electric typewriter. 0� Fie had made arrangements tnrough another governmental agency to procure this typewriter at approximately $60.00 less than the Village could procure it if this was the Council's desire. The cost for a new machine to the Village would be $370.00 through another governmental agency whereas it would be $436.50 to the Village at the Village's price. Motion was made by Alvin Bren, seconded by Arthur Miller to authorize the Clerk to purchase a new electric typewriter for the Village at $370.00. LL- The motion carried. cm -J r: ITEM 4-30-67 ENGINEERING DEPARTMENT 1. Platting improvements. Mr. Quentin Wood stated that there were certain areas in some of the plats that required action by the Village attorney. a. Westgate Mr. Perbix and Mr. Wood are to prepare a letter to the developer, stating the problem and asking what steps the developer is going to take and giving him a definite time limit to complete this. b. There are some problems in the Sunset Ridge Area which had been in effect for some time and had accumulated. The plat has never been finalized. We are still holding escrow money belonging to the developer because the area has not been completed. Mr. Harlan Perbix stated that he would work with Mr. Wood and draft a letter to the developer, appraising him of the situation and giving him a definite time f limit to do something. Writing a letter to the developer is the first step in the Village's taking over the escrow money if the developer does not complete the project. r• `f uJf COUNCIL MEETING 5 25 April, 1967 ITEM 4-30-67 ENGINEERING DEPARTMENT CONTINUED C. Topview Acres. There are certain areas where a road has only been cut through with a bull dozer. They have received building permits on some of the lots served by this type of road and it is impossible for Village equipment to properly maintain the snow plowing in the area. It was felt that if the roads were not useable, • we should not issue a building permit. Mr. Wood and Mr. Perbix will draft a ,+• letter to the developers of Westgate, stating our proposed position and if they wish building permits on these roads, they will bring them up to a standard that tit} can be maintained until the road is finally put into its final condition. 2. Contour Map of Village. Mr. Wood presented a written report to the Council showing the method of financing a coy(ntour map through the Mark Hurd people. Mr. Harlan Perbix stated that he would like to see a copy of their proposed contract so that he could study it and make recommendations to the Council. Mr. Bernie Hamlin from Mark Hurd stated that a copy would be forwarded to Mr. Perbix as soon as practicable. No other action was taken at this time. i 3. Conference at the University of Minnesota. i Mr. Quentin Wood reported that at the last meeting, he had been authorized to 1 attend a two day conference at the University of Minnesota on May 3 and 4th. at the cost of $40.00 to the Village. Since that time, a conference has come in on the schedule for the 17 and 18 and 19 which he feels would provide him with better information and give him a better over all program and at less cost to the Village. Motion was made by Paul Redpath, seconded by Alvin Bren to rescind the authority for Mr. Wood to attend the May 3 and 4th conference and to authorize his attendance at the May 17, 18, and 19th conference and to pay the fee of $25.00. The motion carried. ITEM 4-31-67 ROAD AND BRIDGE FUND 1. Seed for the Village roads and Village Hall. Mr. Quentin Wood requested that they be authorized to purchase seed to seed certain areas along, the Village roads where there have been erosion problems and also to add some seed to the Village Hall lawn area where it does have this requirement. He stated that approximately $60.00 would purchase enough grass seed to do this. Motion was made by Paul Redpath, seconded by Arthur Miller to authorize the purchase of grass seed up to $60.00 for use on the Village areas. The notion carried. COU14CIL MEETING 6 25 April, 1967 2. Sweeping of the Streets. Mr. Quentin Wood stated that he had not been able to procure all of the information to present to the Council and would have this on the agenda at the next meeting. ITEM 4-32-67 LETTERS AND COMMUNICATIONS Mayor Osterholt did not have arikhing at this point. ITEM 4-33-67 ORDINANCE ##99 This is an ordinance that would require two readings of all ordinances in the future. The Clerk read the entire ordinance. A motion was then made by Arthur Miller, seconded by Alvin Bren to adopt :Ordinance #99. The motion carried. ITEM 4-34-67 INFORMATION REQUESTS, ETC. FROM. THE CLERK The Clerk presented a letter from the Hennepin County Supervisor of Assessments setting the Assessment date for the Village of Eden Prairie as June 29th at 8:00 P.M. June 29th, there being no conflict with this particular date with any other Council meetings, a motion was made by Paul Redpath, seconded by Arthur Miller `� . to set the Board of Review for June 29th at 8:00 p.m. at the Village Hall. The motion carried. Clerk Brown also requested authority to purchase a flag for the Village Hall. Mr. Alvin Bren stated that he had heard that the V.F.W. was giving flags away and he would like to contact them. He was authorized to do this. A motion was also made by Arthur Miller, seconded by Alvin Bren if we could not get a free flag that the Clerk was authorized to purchase flags for the Village Hall. The motion carried. Mr. Quentin Wood requested permission to put 'no dumping' signs at all of the entrances to the Village. He felt that approximately $150.00 would cover the cost of some thirty 'no dumping' signs to be placed at every road entrance to the Village of Eden Prairie. Mr. Paul Redpath had stated that he had made a study of a sign making procedure used by the Village of Mound and he felt that this would have application in the Village of Eden Prairie. He will present this at our next meeting and therefore, no action was taken on Mr. Quentin Wood's request for 'no dumping' signs as Mr. Paul Redpath felt the procedure which he had seen would take care of this i along with street signs and all other types of signs. ; i a The Clerk presented a letter from the International Conference of Building Officials regarding a mechanical code. The Council expressed interest in this i COUNCIL MEETING 7 25 April, 1967 and the Clerk is to write for copies of the code. The Clerk had a letter from the Park and Recreation Commission requesting that the Council consider the purchase of the Kutcher property. Mr. Perbix suggested that in order to continue on this matter, we get a firm offer to sell from the Kutcher people in writing. Fie recommended that the attorney and Mr. Arthur Miller who has represented the Council in this matter approach the Kutcher people and get this in writing and present it at the next Council meeting. ITEM 4-34-67 GUN PERMIT The Clerk presented requests from. the Naas boys for permission to have gun permits so that they could shoot on a range which they have constructed on their property. Motion was made by Arthur Miller, seconded by Alvin Bren to have this checked s and if o.k. to grant the permit. i The motion carried. ITEM 4-35-67 PLANNER FOR THE VILLAGE OF EDEN PRAIRIE Mayor Osterholt nade a statement to the Council and the people in attendance regarding his position and the feelings on the hiring of a planner for the Village of Eden Prairie. tie covered background information, brought us up to date on the interview held with various people. Mr. Osterholt concluded his statement by recommending that the Village hire Mr. Brauer of Brauer and Associates as the Village Planner and he thought he would be able to do the best job for the Village and by doing this we do not go on a 701 program. 3 Mr. Arthur Miller and Mr. Alvin Bren both expressed their desire to follow this procedure. Mr. Redpath felt the 701 program would be the best procedure for the Village. a Mr. James Brown expressed his opinion that while 701 had certain good points, he felt the main consideration was the best planner for the Village. Mr. Alvin Bren made a motion, seconded by Mr. . Arthur Miller to hire Mr. Brauer to make our comprehensive plan as our Village Planner and to make this an unanimous recommendation. Upon a roll call vote, Paul Redpath abstained, Arthur Miller voted yes, Alvin Bren voted yes, James Brown voted yes, and David Osterholt voted yes. t The motion carried. P ITEM 4-A-67 SPRING ON SPRING ROAD r Mr. Arthur Miller brought up the problem of the spring on Spring7-Road. People have been complA ining that they are not able to get at this Bpr-LUZ. The spring COUNCIL MEETIl`IG a 25 April, 1967 is either on Mr. Miller's property or on County property. There is a question as to where the line is. It was felt that if a well man could fix this that the people would be able to get the water out of it. Mr. Miller and Mr. Redpath are to contact Mr. Don Rogers on this and see what the potential cost would be. ' i He also brought up the accident recently on Eden Prairie Road and Pioneer Trail } which involved a school vehicle: in which several school children were hurt. The driver was also hurt. He requested that some action be taken to get the + County to have a stop sign placed on the western approach on Pioneer Trail crossing Eden Prairie Road. Mr. Wood is to check into this and also to check the State about lights on County Road #4 and State Highway #5. Mr. Miller then brought pup the point about having the Hennepin County Park Commissioners come out and meet with the Council or representatives of the Commissioners as to what their plans are for the Anderson Lake Park so we can get it first hand and get the information to the community at this time. - - -0 - " J Brown, Clerk