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City Council - 07/11/1967 - Village Meeting C6 <t &J6 0 0 Z COUNCIL MEETING 11 July, 1967 The meeting was called to order at 8:00 P.M. by Mayor Osterholt. The invocation was given by Councilman Paul Redpath and the audience and Council joined in the Pledge of Allegiance to the flag. PRESENT WERE:: David W. Osterholt , Mayor Paul R. Redpath James C. Brown, Clerk Rolf E. Haugen, Treasurer Alvin J. Bren Quentin. K. Wood, APW Arthur Miller W. Harlan Perbix, Attorney ITEM 7-2-67 MINUTES 6-27-67 The minutes had not been published and were not available for approval. The Clerk did question the minutes of June 13 wherein he had been authorized to advertise for bids for fire equipment but a date for taking the bids had not been set. Motion was then made by Paul Redpath, seconded by Alvin Bren to authorize taking ' bids on August 8, 1957 for the Fire Department equipment. The motion carried. ITEM 7-3-61 VOUCHERS Motion was made by Alvin Bren, seconded by Paul Redpath to approve vouchers 4241 through 4 312 for payment. The motion carried. 4 ITEM 7-4-67 PUBLIC HEARING Alex Dorenkemper request to rezone from M-2 to RG--ear-RA- or Rl. 1 s The Clerk stated that at the previous Planning and Zoning Commission meeting they had requested that if it so please the Council that this item be returned to the Planning and Zoning Commission for a recommendation as to the areas to be rezoned and a recommendation on the zonings for these areas. They had clarified a point which they had misunderstood on the previous hearing they had held and asked to have this priviledge of making a recommendation. Motion was then made by Arthur Miller, seconded by Paul Redpath to continue the hearing and refer this matter to the Planning and Zoning Commission for a re- commendation and upon receipt of that recommendation, hold a hearing at the Council level. The motion carried. ITEM 7-7-67� ( Mr. SOUTHWEST SEWER DISTRICT V�A4Lr-b4 .(le and Mr. Pau'. Redpath reported that Minnetonka had made an application for Federal Aid based on a seven million dollar project. They were applying for $2 ,113,000.00 in Federal Aid for the district. 6 COUNCIL MEETING 2 11 July, 1967 They asked if the community of Eden Prairie would support this application and the Clerk was instructed to draft a letter to be used to accompany Minnetonka's application, supporting the request for Federal Aid. ITEM 7-6-67 THE BARN Deputy Jack Hacking appeared before the Council to answer certain items that had appeared in the paper and complaints that had been brought to the Council about activities related to the Barn, a teen-age dance operation in the Village of Eden Prairie. Deputy Hacking stated that when the place first opened, the operators had gotten together with the Sheriff's Office and the Village people and set the requirements as to the operation. The operators had been very cooperative with the control personnel from the Village and the Sheriff's Office in operation and had complied with all requests of the Village or the Fire Marshall in making the Barra a safe place for the children to dance. He made the specific statement that the report 1n the paper that he had arrested a carload of drunken children from the Barn was in error. He had arrested one individual who was intoxicated. He was not in a car but sitting beside the road. He had not been near the Barn operation and did not even know where it was or anything about it but because of the fact that the arrest took place within a mile of the Barn; people tied him to the operation. The arrest,: that had been made there were arrests of individuals who had come { out from some other areap who had previously been indulging in intoxicants and were arrested when they attempted to enter the premises and found that they could not meet the requirements set by the proprietors of the Barn, that no body be allowed to enter who has been drinking. They also stated that when the people leave the Barn they do have to pay admission to get back in and this discourages individuals from going out into the parking lot to drink in their cars. They also stated that they patrol the parking lot, shining lights into the car windows to discourage individuals who might attempt to use this as an excuse for a necking area. Mr. Hill Roslanski and Mr. Stu Schwartz, the owner and operator of the Barn also were at the meeting and stated that they would welcome an ordinance which would set up certain specific ground rules. They also felt they had maintained a clean operation and were willing to cooperate with the Village in this matter. They stated that a big percentage of the children that made use of the facilities were from Eden Prairie. With the number of control people present and the fact that the: police personnel are deputy sheriffs in uniform, they have had very little, if any, trouble making within the building and this has been quickly and carefully handled. They stated that they would prepare more parking facilities for the patrons in � fro adds surrounding the Barn, that they would do every- thing they could to a certain noise problems across the lake, that they had closed the entire south side of the Barn to prevent the noise from going in that direction, and that they had installed large fans to provide the necessary exchange of air so that 'it would be relatively cool for the people who are danc- ing. There was no drinking allowed on the premises. The only thing sold in the building is soft drinks which are sold to the consumer in paper cups. A cigarette � 66 1 IMP COUNCIL MEETING 3 11 Duly, 1967 machine had been installed in the Barn by a supplier of vending machines- When it was found out that he dial not have a license, the proprietors ordered him to either get the machine licensed or remove it from the property. He has removed it from the property. Councilman Paul Redpath questioned the legality of allowing this activity to take place in this type of zoning. Also. Mrs. Middleton from the audience expressed her disapproval of the Barn in it's actions in a particular zone in which she felt it was not qualified to be. She stated that the noise pro- blem had improved and that she had no real quarrel with: the activities inside the Barn but felt that the attraction caused a traffic problem in her neighbor- hood and because she jfelt it twas arl ille 1__ *activity in the zone, }t-shau2:d ellysv- 4ft Attorney Perbix had p-esented to the Council a proposed dance hall ordinance based on the State dance hall statutes. Councilman Paul Redpath asked that we consider this for a. first reading. The Mayor advised him in order to be con- sidered it should be placed on the agenda as such. Councilman Paul Redpath asked that it then be placed on the agenda for the next Council meeting. He also asked that the Building Inspector report as to whether the Barn has a license for their sign. 1 i q While no formal action was taken on the matter, it was generally felt that the operation at the Barn was not detrimental to the community. The attorney stated that as we had no ordinance they were not in violaticn of an ordinance and it k was generally felt that they could continue to operate if they would improve the parking facilities so that they could eliminate the parking along West 78th Street. ITEM 7-7-67 SET UP LICENSE APPLICATION AND 3.2 BEER ON AND OFF LICENSE APPLICATION AND CIGARETTE LICENSE APPLICATION FOR JOE RUZIC Mr. Joe Ruzic appeared before the Council to request approval of his applications. The Mayor stated that he had not received a report from the Sheriff's Office and felt that we should not grant approval at this time. Mr. Joe Ruzic stated that he had a problem and that he would like to get his establishment into operation. It was explained to Mr. Ruzic that the Council had previously approved licenses based on Mr. Serios letter of intent that he would consummate the purchase of the Branding Iron on July lst and the licenses were approved for issuance on this date. Mr. Serios had called the Clerk and requested that he hold the license because he had run into a problem in closing. He has not contacted the Village since requesting that his licenses be withdrawn and therefore, the pro- blem that the Council has is issuing licenses to two individuals for the same establishment. Mr. Ruzic stated that he had now taken over the complete owner- ship of the property; that Mr. Serios was no longer in the position of a pro- spective purchaser as he had withdrawn his action with the owners. Mr. Ruzic asked if the Council would recommend approval pending the Sheriff's report and authorize the Mayor and Clerk to go ahead and issue the license upon receipt ? of the report. COUNCIL MEETING 4 11 July, 1967 The motion was made by Paul Redpath, seconded by Alvin Bren to grant approval of the set-up license pending a favorable Sheriff's report and authorize the Mayor and the Clerk to sign and also requesting a letter from Mr. Ruzic that Mr. Richard Noggle would not be an employee of the Branding Iron. � h Upon a roll call vote , Paul Es':A yes, Arthur Miller yes, Alvin Bren yes, James Brown yes, and David Osterholt no. The motion carried. Motion was then made by Paul Redpath, seconded by Arthur Miller to approve the 3.2 beer on and off and cigarette licenses to Joe Ruzic pending a favorable Sheriff Is report. The motion carried. ITEM 7-8-67 REPORT ON SANITARY LAND FILL: Mr. Don Brauer and Mr. Pete Perret of Brauer and Associates appeared before the Council with a report on the Sanitary Land Fill as requested by individuals from the Village of Eden Prairie. They had covered both sites of the community as a whole and the general are-A that would be served by the fills. They re- commended that the Grill site be considered for a land fill and that the Neil Lake site not be considered for a sanitary. land fill. Motion was made by Paul Redpath, seconded by Mayor Osterholt to accept the report from Brauer & Associates and place it on file, to provide copies to the individuals who were concerned with the various property sites and to have the item on the agenda for July 25th at Vhich time the individuals can ask questions and discuss their areas. The motion carried. ITEM 7-9-67 INFORMATION REQUESTS BY CITIZENS NOT ON THE AGENDA Mr. Kostecka asked why the Northern States Power 115 KV line was being placed across Smetana Lake. The Mayor stated that the line was going down certain property lines and that he would have Mr. Quentin Wood contact NSP and have. them come to the meeting on July 25th to further this matter. There were no other individuals to appear before the Council. ITEM 7-10-67 LETTERS AND COMMUNICATIONS Mayor Osterholt stated that he had received requests from individuals that the Council consider the mobile home ordinance that had been presented to it. Motion was made by Arthur Miller, seconded by Alvin Bren to refer this to Don Brauer and Associates for a report on mobile home feasibility in the community. He also stated that the Park and Recreation Commission had looked at Riley Lake Beach and requested that some action be taken in this area. COUNCIL MEETING 5 11 July, 1967 Motion was made by Paul Redpath, seconded by Arthur Miller to have Brauer & Associates study the Riley Lake Beach site and also the Birch Island Lake site. The motion carried. Mayor Osterholt reported that the League of Women Voters would be holding a Xle.It x y 0R z-- Mental Health Center in Minnetonka in August. f>la (-JOCK Mrs. Bae l reported that the Hennepin County Park Reserve District have not abandoned their plans for a park in the Anderson Lake area. ITEM 7-11-67 FIRE CODE ORDINANCE The first reading of the adoption of the Fire Code Ordinance, Ordinance 102 was held. Motion was made by Paul Redpath, seconded by Arthur Miller to move the adoption of the first reading of Ordinance 102. /P N• The motion carried. ITEM 7-12-67 NEIL MCCLOUTH Mr. McClouth appeared before the Board requesting approval to divide Lot 1, 4L Block 3, of Eden Heights and grant a variance on the present building that would be too close to the new division line. a i Motion was made by Alvin Bren, seconded by Paul Redpath, to approve the division of Lot 3, Block 3, Eden Heights into two lots each 150 feet in width and 515.7 feet in length and to grant a variance on the southwest corner of the present home from 15 feet to 13.33 feet. The motion carried. The attorney would follow up Mr. McClouth on a resolution if it is needed on this particular division. ITEM 7-13-67 ENGINEERING DEPARTMENT 1. Westgate Area. Mr. Quentin Wood reported that the Swanson Excavating people who are under bond were responding and were prepared to take care of the erosion matter immediately. He would report at the next meeting. 2. Sunset Ridge. Attorney Perbix reported that he had applied to the Federal Court Bankruptcy Court for release of the Escrow Fund so that the community could proceed with action in this particular area. 3. Layout 8F, adopt resolution. The resolution was not ready. No action was taken on it. i r COUNCIL MEETING 6 11 July, 1967 4. Topographical map. Mr. Wood presented to the Council a report from the committee. Motion was made by Paul Redpath, seconded by Arthur Miller to accept the report for study and place it on the agen0a for July 25th. The motion carried. Mr. wood reported that on the seal coating, the list of streets given to the Council, he would like to make a correction and add Nottingham Forest, Kutcher's First and Golden Ridge Drive and remove Riverview Road. ITEM 7-14-67 PARK AND RECREATION Mayor Osterholt reported that Mr. Nygaard had submitted his resignation to him as a member of the Park and Recreation Commission. Motion was made by Paul Redpath, seconded by Arthur A.to accept the resignation of Donald Nygaard and authorize the Clerk to send him a letter of commendation for service on the Park Board. The motion carried. Mayor Osterholt then announced that he would like to appoint Mr. Charles Brace to the Park Board and asked for Council confirmation of his appointment. Motion was made by Alvin Bren, seconded by Paul Redpath to confirm the appointment of Mr. Charles Brace to serve out the unexpired term of Mr. Donald Nygaard on the Park and Recreation Commission. The motion carried. ITEM 7-15-67 VIRGIL MULLER REPORT Mr. Virgil Muller reported that they had just received the contours on the Scenic Heights area and would be prepared to present some information possibly by the next Council meeting; that they had not received enough information on contours on the Duck Lake area and therefore were in no position to make any information available to the Council. ITEM 7-16-67 FUTURE AGENDAS There were no items for future agendas broughtup at this time. Motion was made by Paul Redpath that thee-�,meating be adjourned at 12:00 P.M. The motion carried. J s C. Brown, Clerk