City Council - 05/23/1967 - Village Meeting COUNCIL MEETING 23 May, 1967
The meeting was called to order at 8:00 p.m. by Mayor Osterholt.
These minutes were taped electronically.
PRESENT WERE:
David W. Osterholt, Mayor Paul R. Redpath
James C. Brown, Clerk Rolf E. Haugen, Treasurer
L Alvin J. Bren W. Harlan Perbix, Attorney
f Arthur W. Miller
ITEM 5-17-67 INVOCATION AND PLEDGE OF ALLEGIANCE
r The invocation was given by the Rev. Stanley Starr of the Eden Prairie Baptist
• Church. The Council and audience joined Mayor Osterholt in the Pledge of the
Allegiance to the flag.
♦"" ITEM 5-18-67 MINUTES OF THE SPECIAL MEETING OF MAY , 1967.
.L
.a
The motion was made by Arthur Miller, seconded by Alvin Bren to approve the
o minutes as published.
s The motion carried.
f
Minutes of the regular Council Meeting of May 9, 1967.
Motion was made by Alvin Bren, seconded by Arthur Miller to approve the minutes
of May 9, 1967 with the following corrections.
Item 4-28-67 The fourth paragraph in the last sentence between the words action
., and information the word *or' should be inserted.
Item 5-9-67 The name is Nick Serios instead of Dick Serios.
The motion carried.
The minutes of the Special Meeting of May 10, 1967.
The motion was made by Paul Redpath, seconded by Arthur Miller to approve the
minutes as published.
The motion carried.
ITEM 5-19-67 VOUCHERS
Motion was made by Alvin Bren, seconded by Paul Redpath to approve vouchers
4167 through 4177 for payment.
The motion carried.
t
ITEM 4-20-67 NORTHERN STATES POWER
The people from Northern States Power were not ready and did not appear at the
meeting. No action was taken on this item.
a
ITEM 4-21-67 SCENIC HEIGHTS ROAD
Mr. Harlan Perbix presented a copy of the Resolution #162 which had been adopted
at the previous meeting. The Clerk read the resolution.
4
LL.,
t�
COUNCIL MEETING 2 23 May, 1967
Mr. Virgil Muller who was in the audience stated that they had not as yet
received the contour map and were not therefore, able to proceed with the
basic report as to their recommendations as to what could be done on this
area.
ITEM 4-26-67 SEWERS
1. Metro-Sewer.
The Metropolitan Sewer Bill was not passed in the regular session of the
Legislature. There is a possibility that some action may be taken on it at
the special session which is being held following the regular session.
2. The Southwest Sanitary District.
The Minnetonka people want to meet with the Eden Prairie people to do some
preliminary planning for the Southwest District.
3. The Edina Sewer Connection.
Mr. Virgil Muller reported that the Highway Department has delayed the
construction until August on Highway lg and they feel there is a great deal of
work that is better done in this particular area throughout the winter months.
He felt that our sewer connection contracts should be bid in July so thz-.t the
work could proceed along with the highway work throughout the winter and the j
hook up would then be completed approximately in 1968. g
,. ITEM 5-9-67 NICK SERIOS `
Mr. Serios appeared before the Council requesting that they approve his applica-
tion for a set-up license for the Branding Iron Supper Club. He also stated
he would be requesting beer and cigarette licenses but as yet had not made
application with the Clerk for these. He stated that he had a dead line as to
the closing of the conditional sale and would like the Council either to give
him a tentative approval that they would approve his application or turn him
down so that he would know which way to go.
He was advised that it would be necessary for the Sheriff to check his informa-
tion as presented in his application.
It was felt at this time that the Council would not give him a tentative
approval for the licenses.
ITEM 5-10-67 WAYNE MUNSEY
Mr. Munsey appeared before the Council with a petition which he had circulated
throughout the village getting signatures on it, He presented the petition to
the Council stating that it was a petition that he had undertaken on his own,
in that he had covered the entire village asking for signatures on his petition.
The petition was a petition regarding the location of industry on lakeshore.
R
1
I
COUNCIL MEETING 3 23 May, 1967
Mayor Osterholt stated that the Council should accept the petition and place
it on file and also commend Mr. Munsey for his work and his example to other
young people as an ineeteste6d citizen in the community.
rn tr.rcr,tcd
A motion was made by Paul Redpath, seconded by Alvin Bren to accept the
petition and place it on file with a note to Mr. Munsey in appreciation for
his work.
The motion carried.
ITEM 5-20-67 SCHOONER DAY PROCLAMATION
Mayor Osterholt read an official proclamation declaring June 25, 1967 as
Schooner Days.
ITEM 5-21-67 DUCK LAKE DRAINAGE AREA
f
Mr. Virgil Muller of Rieke, Carroll, Muller presented to the Council a report
I
on the estimated cost of doing the drainage project study for the Duck Lake
Area. He had this in writting which he presented to the Council. He stated
that the time element involved would be approximately three months of which
60 days would be required to procure the topographical map of the area.
The motion was made by Paul Redpath, seconded by Alvin Bren to instruct the
Attorney to draft a resolution ordering the study.
The motion carried.
ITEM 5-22-67 JERROLD T. MILLER
Mr. Miller appeared before the Council requesting that the Council take some
action regarding the boundary area in the Sam Glen Gravel Pit located next to
his property. He stated that when the operator had maintained a 30 foot un-
touched strip on the property line that there was a good deal of undergrowth
and trees on the boundary line so that his property was screened from the
gravel operation. with the approval of the 10 foot untouched line, the
operator has removed all of the brush, trees and undergrowth from this area
and has opened up the entire operation to Mr. Millers property in view. He
asked the Council to force a provision of the Ordinance that would require the
operators and owners of the mining area to properly screen it with plantings
that are fast andand would block the area from the neighboring view.
He stated that there were only certain areas along his boundary where this was
a problem and other areas were screened because of the topography. He felt
there was probably 200 feet along his property and maybe a similar area along
the Holmgren property that would require screening in order to eliminate the
view of the mining operation.
A motion was made by Paul Redpath, seconded by Alvin Bren to require screening
on the Sam Glen Pit along the Miller line and the Holmgren line where necessary.
The motion carried.
I
f
I
COUNCIL MEETING 4 23 May, 1967
ITEM 5-23-67 REQUEST BY CITIZENS NOT ON THE AGENDA
Mr. Blacklock asked if something could be done on the front door so that the
closer would be re-adjusted to prevent the door from slamming each time it
was shut.
Mrs. Edith Starner, the new secretary of the Citizen** League, asked if the
minutes could be sent to her. She was advised to furnish the Hall with her
proper name and address so that the minutes could be forwarded to her.
Mrs. Pat Casey wanted to know about junk in individuals yards and was advised
that this was against village ordinances and if she would advise the Hall of
the people in question, they would be checked on.
Rev. Emerson asked that if a land fill ordinance were to be discussed that it
be given full publicity.
Mrs. Raymond Olson asked if there was an ordinance on outside burning. She was
advised that there was not.
There were questions on the tape recording of the minutes and who had the tapes
and the recorder. These people were advised that these tapes were stored at
the Village Hall, that the Village at this time did not have a recorder and
therefore, unless somebody who owned a recorder capable of reproducing the tapes,
there was no way they could listen to the tapes at this point.
ITEM 5-24-67 ORDINANCE #101
A motion was made by Alvin Bren, seconded by Arthur Miller to adopt Ordinance
#101 which refers to the issuance of building permits on areas where there are
not properly constructed roads.
The motion carried.
ITEM 5-25-67 ROSEMONT ENGINEERING COMPANY
Mr. Richard Bren appeared before the Council with the proposed plans for an
PP P P
addition to Rosemont Engineering Company's present building in Eden Prairie.
The additida.. would more than triple the size of the building as it exists.
Mr. Bren had gone over the plans and find that they meet our SI requirements
for the area and are for a building of the same building specifications as the
one presently occupied by Rosemont Engineering Company.
Motion was made by Paul Redpath, seconded by Arthur Miller to approve a
Special Use Permit for Rosemont Engineering Company for an addition to their
present building.
The motion carried.
ITEM 5-26-67 STEWART-IN-FRA-RED
The architect and representatives of Stewart-in-Fra-Red appeared before the
COUNCIL MEETING 5 23 May, 1967
Council to request that a variance be granted to them for the construction
of their building in the Village of Eden Prairie. The building is to be
constructed in an SI zone and they are asking that the west side of the build-
ing be given a variance from the SI requirements as they intend to use this as
an expansion side. The east and north side of the building will be finished in
a faced brick as required by the SI Ordinance. The south and west sides will
be the expandable areas and they are asking that they be allowed to use a
cement block construction of a special block which is architectually treated.
This will then be designed into the building with a special architectual treat-
ment in the over-all design. They felt their operation is expanding so rapidly
that it would be a short period of time before they would be adding on to the
present building. They stated that they had increased the building by 59000
square feet over what they had originally proposed less than two years ago when
they first came before the council.
r.:
The Council was advised that the Zoning Board had recommended the ww iance but
with a time limit on the variance so that there would be a possibility of action
by the Village or the party or both within a reasonable time. The time limit
set by the Zoning Board on the variance was December 31, 1969.
A motion was made by Arthur Miller, seconded by Paul Redpath, to grant the
variance to Stewart-in-Fra-Red for the west side of their building, the variance
H to allow them to use a cement heck, architectually treated and architectually
to constructed, on this particular face of their building.
Q This variance to run until December 31, 1969 at which time they will either have
ro expansion into an one ex g p program or complete the building to the SI requirements
or request a new variance.
` The motion carried.
ITEM 5-27-67 ENGINEERING DEPARTMENT
The Engineering Department items were not discussed as Mr. Quentin Wood was in
the hospital and unable to be present at the meeting.
ITEM 5-28-67 ROAD AND BRIDGE
It was felt that the gravel and seal coat and repair requirements should be
prepared early enough in the season so that they would not be worked into the
fall season.
9
s
The Council requested that the Engineering and Road and Bridge Department present
to the Council at the next meeting the roads which they feel should be seal coated,
the roads which would require gravel in 1967 and the roads which would require
special bituminous repairs.
ITEM 5-29-67 LEROY BALFANZ, HERBERT ALVES REQUEST FOR A MINING LICENSE
Mr. Balfanz and Mr. Alves appeared before the Council requesting permission to
remove part of a hill on Mr. Balfanz's property. They stated that they would
( remove the black dirt and clay and stock pile it, take the gravel out of the hill
0
M
I!
COUNCIL MINUTES 6 23 May, 1967
and place the black dirt and clay back over the property, properly grading
and seeding the property so that it could be used as pasture land by Mr.
Ba.lfanz in his horse and cattle raising operations.
They had a latter, from the Swenseen Brothers stating that they could grade
the property to the Swenseen property grade without the requirement of a
4 to 1 slope at the property line.
s u"red by the Planning and Zoning Commission, they presented the two foot
map with a base line. They showed on the map that they would be
leaving the trees and a bank along the road, that they would be cutting back
from this bank down to make the land more useable to Mr. Balfanz's horse and
cattle raising operation.
A motion was made by Arthur Miller, seconded by Alvin Bren to instruct the
Attorney and Engineer to prepare the necessary contracts and requirements to
have for the next regular Council meeting.
f
In the discussion, Mr. Paul Redpath offered as an amendment to the motion s
which was seconded by Mr. Arthur Miller to include the replacing of the black
dirt over the ground as part of the contract.
The vote on the motion on the amendment carried.
v Then on a vote on the original motion with the amendment, the motion carried.
ITEM 4-27-67 DAVID STANLEY
Mr. Stanley did not appear on the advise of Attorney Perbix as he advised Mr.
Stanley that the Council was not ready to make a complete decision as there
was some information which had not become completely available to them. He
felt that the Ordinance #93 of which Mr. Stanley is questioning a certain part
should be referred to the Planner, Mr. Brauer, for his comments on this area.
Mr. Perbix stated that he also had drafted a proposed ordinance on d*ive-ins
and filling stations which he felt should be referred to Mr. Brauer for his
comments. also.
Motion was made by Paul Redpath, seconded by Alvin Bren to refer Ordinance #93
to Mr. Brauer for comments wegarding the area along the creeks of Eden Prairie
and also the proposed ordinance governing filling stations and drive-ins.
The motion carried.
ITEM 5-30-67 VILLAGE HALL FURNITURE
1. The Clerk reported that he had priced out the cost of an extension to the
desk in the office for the bookkeeper. This would be an extension similar to
the extension on the typist's desk and also a chair for the booloeper without
arms. The cost of these two items, matching the present office furniture would
be $196.00.
Motion was made by Arthur Miller, seconded by Paul Redpath to purchase a chair
t
JJ
COUNCIL MINUTES 7 23 May, 1967
and a desk extension from the P. M. Johnson Company for $196.00.
The motion carried.
2. A gate in the Village Hall Office Area.
The Clerk reported that there were problems with children coming into the
office area and going behind the counter where the post office supplies are
kept. He had checked into the matter of procuring a gate for this area. The
gate is to be of a metal construction with a filler plate and a gate section
to match the Village Hall furniture. He had received a price of $170.00
installed for this equipment. There was some question as to the need for the
gate. The Clerk explained that the requirement was not for the Village Hall
itself but the fact that the poL--t office materiel was kept in this area and
this required special security measures.
Motion was then made by Arthur Miller, seconded by Paul Redpath to purchase the
gate for the counter for $176.00 from the P. M. Johnson Company.
The motion carried.
3. Air Conditioning.
The Clerk asked if some consideration could be given to a room type air con-
ditioner for the Village Offices so that the people could be able to work more
efficiently during the hot weather.
Motion was made by Paul Redpath, seconded by Alvin Bren to ask the Clerk to
investigate the cost of room type air conditioners up to $500.00 for the
Village Offices.
The motion carried.
4. The Tape Recorder, Tape, and the Tape Policies. f
The Council is to look into the purchase of a tape recorder for the Council
meetings.
Mayor Osterholt appointed the committee of Councilman Paul Redpath, Clerk James {
Brown, and Attorney Harlan Perbix to come up with some policies for the use df
the recorder and tape in the Village Hall.
ITEM 5-31-67 KUTCHER PROPERTY
No report had been received from the Park and Recreation Commission and it was
felt that we should also have a Planners report as to the suitability of the
property.
No other action was taken at this time.
ITEM 5-32-67 LETTERS AND COMMUNICATIONS
Mayor Osterholt reported that he had received a letter from the Fire Under-
writers Inspection Burear. and asked the Clerk to make copies to send to the g
Council members. This will be forwarded with the minutes to the Council. !
}
I--
tn
d
LL-
C.Q
COUNCIL MEETING 8 23 May, 1967
He also reported that he had received a letter from the Minnesota State
Automobile Association stating that the State Automobile Association will
be available to make traffic studies in areas of the community where there
are traffic problems. These are done at no cost to the community.
It was felt that the intersection of Eden Prairie Road and West 78th Street
and West 78th Street east from the intersection with Eden Prairie Road should
be studied for traffic controls and traffic hazards.
The Clerk was instructed to ask the State Automobile Association if they would
study this area.
He also stated he checked into some information on a sound system which would be
presented to the Council at a future meeting.
ITEM 5-33-67 INFORMATION REQUESTS FOR FUTURE AGENDAS
The Clerk asked the Council to consider the Sanitary Land Fill request as he is
fi getting constant requests from individuals to be placed on the agenda either for
or against the matter and felt that the Council should take some action to bring
this to a head so that the citizens in the community would know Where the stand
was on the matter. At the present time the people are not sure whether there is
going to be a Sanitary Land Fill or if there is not going to be one.
3 There was much discussion on this. Mr. Paul Redpath made a motion to table the
land fill ordinance. This was seconded by Mayor Osterholt to allow a vote.
E)w Mr. Paul Redpath then withdrew the motion before the vote could be taken and
suggested that this matter be referred to the Planner for a report and the motion
�» was made by Paul Redpath, seconded by Alvin Bren to refer the land fill ordinances
tis and all matters pertaining to the land fill to Mr. Brauer for a report.
This motion carried.
c, #
-' The Council at a previous meeting had set June 8th, 1967 for Special Meeting
on dogs and animal control. This is the night of the Eden Prairie High School
Commencement and it was felt that there were many people who would want to attend
both, the commencement exercises and the animal control meeting.
Motion was made by Paul Redpath, seconded by Arthur Miller to change this to the
night of June 15, 1967.
The motion carried.
ITEM 5-34-67 FIRE DEPARTMENT
They had called and as ed t at we not at this time advertise for bids, but wait
until the next meeting when they had all the information prepared.
Motion was then made by Alvin Bren that4themeng be adjo4ed0:45 p.m.
on Carrie C. Brown,
f